first_img Rep. Clay YarboroughDifferent versions of legislation dealing with a state statute on suggested fees for estate attorneys — one supported and one opposed by the Bar’s Real Property, Probate and Trust Law Section — are moving in the Florida House and Senate.On March 29, the House Judiciary Committee worked on HB 625, by Rep. Clay Yarborough, R-Jacksonville, that would leave in the law the suggested fee schedule for attorneys hired by personal representatives to administer an estate but require additional disclosures from attorneys.Sen. Aaron BeanLater that day, the Senate Commerce and Tourism Committee passed SB 954, by Sen. Aaron Bean, which would remove the suggested fee schedule completely from F.S. §733.6171.RPPTL supported the House version and opposed the Senate legislation.Bean likened the fee schedule to having state statutes specify the cost of oil changes based on the car’s value or funeral services based on the decedent’s net worth.“The price that is put in statute is a very high price, not based on the work involved but based on a percentage of the [estate] that they work on,” Bean said. “Why would we ever put the price of anything in Florida statutes?”Martha Edenfield, representing RPPTL, in response to a question said the statutory guidance is not mandatory and helps both judges and consumers.“Without the guidelines, it’s quite possible the fees would be increased. That’s why the statutes were enacted in the first place, there were no guidelines and fees were all over the place,” she said. “We don’t oppose…disclosure at all, but we feel that removing the fee schedule would be detrimental to consumers.”Sen. Jason Pizzo, D-Miami, supported the bill, saying a large estate with assets in one place and few heirs would be less work than a smaller estate and more heirs and scattered assets.“In and of itself, the size of the estate does not dictate the work,” he said. “I’m supportive of the bill at least in theory.”The House version started out similar to the Senate bill but Yarborough added an amendment that would keep the schedule of presumed reasonable fees but would require additional attorney disclosures.“The amendment would maintain the statutory fee schedule presumed to be reasonable in estate administration and trust cases but it would require an attorney who uses the fee schedule to make certain disclosures to the personal representative or trustee to make sure that the personal representative knows it’s not mandatory, it doesn’t have to be based on the size of the estate, the selection of the attorney is made at the discretion of the personal representative, and lastly if such disclosures are not made the attorney may not be paid for legal services without the prior court approval or written consent of all the parties,” Yarborough said. “We want to put in some protections that protect Floridians from being taken advantage of.”RPPTL had opposed the earlier versions of the House bill saying the schedule, even though it was nonbinding, helps the court, beneficiaries, and the public understand what a reasonable fee is. It supported parts of the bills that encouraged clients to compare prices and negotiate fees among attorneys.French Brown, representing the section, said it now supports the House legislation.“With this amendment, it really provides us with protections…but it still keeps in place the important statutory framework for a judge to be able to determine if a fee is actually reasonable or not,” Brown said. “It provides those guardrails in setting the fees, but it provides the mandatory disclosures…to the individuals so now they can be further negotiated.”With the amendment, the bill was placed on the Judiciary Committee’s April 6 agenda. If it passes there, it will go to the House floor. It has already passed the Civil Justice and Property Rights Subcommittee.SB 954, which has passed the Judiciary Committee, next goes to the Rules Committee and then the Senate floor. Conflicting estate attorney fee bills moving in both chambers Mar 31, 2021 By Gary Blankenship Senior Editor Top Storieslast_img read more

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first_imgA South African soccer supporter will spend hours adorning his makarapa with the logo and colours of his team, images of a favourite player, words describing the imminent downfall of the opposition, and embellishments such as giant sunglasses. Now, the LOC, along with the International Marketing Council of South Africa (IMC) and South African Tourism, are actively encouraging South Africans to take up the vuvuzela and makarapa in order to give the events a distinctive local flavour. From protection to decoration The sound of the vuvuzela might take getting used to, the makarapa might get in some people’s line of sight, but there is no better way of creating that unique, energetic South African atmosphere during a soccer match. After lengthy discussions with the 2010 Local Organising Committee (LOC), Fifa finally relented, opting to allow the vuvuzela and the makarapa to be wielded and worn inside the stadiums during the 2009 Confederations Cup and 2010 World Cup. “We are still a small company and are in the process of training people from the township communities on the Cape Peninsula in the art of designing and painting these hard hats,” Makaraba Makoya says on its website. Watch any major South African football match, and two pieces of paraphernalia immediately stand out: one the now widely known vuvuzela trumpet, and the other the makarapa – the modified, decorated miners’ helmet unique to South African soccer fans. According to a 2010 Countdown programme broadcast by pay-television channel M-Net in January, Alfred “Magistrate” Baloyi – from an informal settlement near Edenvale, east of Johannesburg – made the first makarapa in 1970 to protect spectators from being hit by bottles. Baloyi hand-crafted his makarapas, but could only complete two a day, and therefore partnered with businessman Grant Nicholls to increase production ahead of the 2010 World Cup. “Initially we spoke to Fifa,” Nicholls told 2010 Countdown’s John Webb. “We spent a lot of time registering the company and protecting the rights; we’ve managed to get an investor; we’ll shortly be opening a factory.” “Gradually, while still keeping its original protective purpose, the helmet has evolved until today’s wearer carries the emblems and insignia of the various football teams, a favourite player, or the team’s mascot,” says Open Writing’s Barbara Durlarcher, a South African now living in Canada. “Evolving into a unique and distinctive piece of folk art, it has proved very popular with tourists and football aficionados.” SAinfo reporter Cape Town-based graphic designer Michael Souter started Makaraba Makoya as a community project, both to increase the helmet’s popularity and to train unemployed South Africans in making them. According to the company, manually cutting and trimming the hard hats is a difficult skill that its craftspeople work hard at perfecting. Each final product “is a unique piece of sculptured artwork made from a builder’s hard hat – a true reflection of our hands-on, passionate South African soccer culture”. The two have had numerous requests for their makarapa’s in the run-up to the Confederations Cup, and Baloyi told the programme he hoped it would be a similar scenario ahead of the World Cup. Article last updated: May 2009 Training crafters Would you like to use this article in your publication or on your website? See: Using SAinfo materiallast_img read more

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first_imgThat Cupertino tech giant Apple Inc. is secretly working on a ‘larger’ iPad, expected to be named the ‘iPad Pro’ is old news now. Ever since rumours about Apple’s larger, work- and education-focused device started doing media rounds, a lot has been said about the alleged device.A new CNET report now suggests that the iPad Pro would not be as large as earlier expected. Earlier reports said that the alleged device could feature a 12.9-inch display, however, the new report quotes a Japanese site Macotakara as saying that the device would instead feature a 12.2-inch display. Also, the iPad Pro might just be chunkier than the iPad Air 2, according to the report.The iPad Pro, expected to take on Microsoft’s Surface Pro 3 upon launch is being seen as Apple’s recent fascination to go ‘big’ with its devices. It recently launched the iPhone 6 and iPhone 6+, devices going totally against the usual trend of Apple’s comparatively smaller devices in a market being extensively dominated by larger displays. The iPad Air 2 launched recently also sports a  9.7-inch display. Therefore it’s no surprise that the company is now working on a large size tablet in the iPad Pro.Further, talking about the alleged device’s thickness, it’s expected to lie somewhere between the iPhone 6 and iPhone 6+. It will be anyways thicker than the iPad Air 2. At 6.1mm the iPad Air 2 is the thinnest iPad to date.With that said, Apple has remained silent on the whole matter, so we’ll really have to waut and watch how things turn up eventually!advertisementlast_img read more

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first_imgKolkata Knight Riders are on a 10-game winning streak in the IPLHaving launched their title defence on a victorious note, defending champions Kolkata Knight Riders (KKR) would like to continue their dominance at home when they take on a formidable Royal Challengers Bangalore (RCB) in an Indian Premier League (IPL) encounter on Saturday.However, the Knights would be up against a stiff challenge from the Virat Kohli-led RCB, who flattered to deceive in the last edition despite having a star-studded line-up, including the likes of batting dashers West Indian Chris Gayle and South African AB de Villiers.Besides, the big-hitting West Indies player and the South African skipper would also like to use the opportunity to overcome their World Cup heart-break.South Africa were beaten in the semi-finals by runners-up New Zealand. The West Indies also bowed to the Black Caps in the last eight stage.While the Knights batsmen had a blast in their lung opener against Mumbai Indians, skipper Gautam Gambhir would certainly hope for a better performance from his bowlers and fielders.After reducing Mumbai Indians to 37/3, the Knights failed to make any further inroads. Haemorrhaging 88 runs in the last six overs, the fielders spilled three catches, prompting Gambhir to demand an improvement in the fielding standard.”We need to get our fielding standards up because in these kind of tournament if you drop dangerous players, it can get tough,” Gambhir said post the Mumbai victory.KKR would continue to rely on their superior bowling arsenal, spearheaded by pacer Morne Morkel and ‘mystery’ spinner Sunil Narine.advertisementThe Shah Rukh Khan co-owned side would like to see their star spinner – fulcrum of KKR’s twin IPL crowns – returning to his intimidating best at the earliest. Bowling with a remodelled action, Narine went wicketless against Mumbai.Last season, RCB were hurt by the poor form of their top batsmen, notably Gayle, AB de Villiers and Kohli. The bowling attack, despite the presence of Australian Mitchell Starc, Varun Aaron and Yuzvendra Chahal, lacked conviction.The visitors would certainly look to buck that trend and would bank on Aussie quick Starc, the “Player of the Tournament” at the World Cup.While Gayle’s performance in the recent World Cup was not very encouraging, none can doubt his prowess to decimate any bowling attack on his day.With all-rounders Darren Sammy and the young South African David Wiese in their ranks along with seasoned campaigner in keeper-batsman Dinesh Karthik, the RCB have a balanced side.Head to head, the Knights have an edge over the visitors having won eight of their last 14 encounters.Teams(from):Royal Challengers Bangalore: Virat Kohli(c), AB de Villiers, Chris Gayle Mitchell Starc Nic Maddinson, Rilee Rossouw, Daren Sammy, David Wiese, Sean Abbott, Adam Milne, Varun Aaron, Ashoke Dinda, Harshal Patel, Vijay Zol, Abu Nechim, Sandeep Warrier, Yogesh Takawale, Yuzvendra Chahal, Iqbal Abdulla, Manvinder Bisla, Mandeep Singh, Dinesh Karthik, Subramaniam Badrinath, Sarfaraz Khan, Jalaj Saxena, Shishir Bhavane.Kolkata Knight Riders: Gautam Gambhir(c), Sunil Narine, Robin Uthappa (wicketkeeper), Piyush Chawla, Yusuf Pathan, Umesh Yadav, Manish Pandey, Suryakumar Yadav Veer, Pratap Singh, Kuldeep Yadav, Sumit Narwal, Sheldon Jackson, Aditya Garhwal, KC Cariappa, Vaibhav Rawal, Manish Pandey.A Shakib Al Hasan, Morne Morkel, Pat Cummins, Ryan ten Doeschate, Andre Russell, Brad Hogg, Azhar Mahmood, Johan Botha.last_img read more

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