Questions Answered by Robert Jason De Groot

2 Answers | Asked in Estate Planning Law for Florida on Jul 6, 2013

Robert Jason De Groot's answer
The new spouse is what is known as a pretermitted spouse, and would be entitled to a portion of the estate. If the spouse is not left 1/3rd of the estate, the spouse can elect against the will. You need an attorney for this sort of thing.
 
 

2 Answers | Asked in Estate Planning Law for Florida on Jul 8, 2013

Robert Jason De Groot's answer
Yes. Be sure to get a copy of the letters of administration to make sure you are dealing with the right people.
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Aug 27, 2013

Robert Jason De Groot's answer
If you stop paying they can take you to court. You can file bankruptcy, but would need to speak with an attorney about it in order to figure out which chapter, 7 or 13 that you need to file. As long as the income is less than around $52000 per year for a ...
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Sep 6, 2013

Robert Jason De Groot's answer
Your question is confusing. I believe you can request copies through pacer, the filing system in federal court. Or you can go to the clerk of the bankruptcy court where the bankruptcy was filed and request copies. Either should be complete.
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Nov 12, 2012

Robert Jason De Groot's answer
This is a good question. The exemptions in F.S. chapter 222, do not appear cover this, so the trustee could be asking you to buy this asset back from your estate. If you do not have a homestead, it can fall under the exemption of up to $4000 under 222.25
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Oct 3, 2012

Robert Jason De Groot's answer
Ask the attorney. He or she knows all the facts and is the only one who can advise you about this. The judge may not allow a voluntary dismissal.
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Oct 6, 2012

Robert Jason De Groot's answer
Read chapter 222 of the Florida Statutes. This is the exemptions chapter and retirement funds are exempt from the claims of creditors.
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Oct 9, 2012

Robert Jason De Groot's answer
You will eventually lose the home if you do not pay the mortgage. In bankruptcy it does not matter how much equity you have in the home. The homestead is exempt from the claims of creditors in Florida.
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Oct 26, 2012

Robert Jason De Groot's answer
If you are filing for bankruptcy you certainly need an attorney. The law has become very complicated and things must be done right. Consult with a bankruptcy attorney in your area to learn about it and determine if it is right for you.
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Nov 16, 2012

Robert Jason De Groot's answer
No exemption. The answer to this question is dependant upon a number of things. Was it a chapter 7? When was the product liability suit filed? As is usually the case, many things need to be known by an attorney in order for an accurate answer to be given.
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Nov 18, 2012

Robert Jason De Groot's answer
Yes, you can file bankruptcy without a lawyer. You can even have petition preparers draft all the necessary documents that have to be filed, but without an attorney things may not be done correctly and this could affect the whole proceeding. The filing fee ...
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Nov 21, 2012

Robert Jason De Groot's answer
You need to first educate yourself as to which chapter bankruptcy you can file, a chapter 7 or a chapter 13. Take the online means test to determine this, and also start to learn about bankruptcy. I have written a pamphlet about chapter 7 and what you need ...
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Nov 22, 2012

Robert Jason De Groot's answer
It depends. You have not given us enough facts to write down all the possibilities. There is no house maintanace expenses, you probably meant maintenance. Was it a condo, or is there a home owners association? What expenses are you talking about?
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Jan 31, 2013

Robert Jason De Groot's answer
By going to the bankruptcy clerk, or by paying for Pacer for online access.
 
 

3 Answers | Asked in Bankruptcy Law for Florida on Mar 6, 2013

Robert Jason De Groot's answer
Use PACER to find bankruptcy cases, or call and ask the clerk, perhaps.
 
 

2 Answers | Asked in Bankruptcy Law for Florida on Apr 23, 2013

Robert Jason De Groot's answer
If your expenses exceed your income, you can probably file bankruptcy. That is the primary question. Your financial circumstances must be gone over by someone who does bankruptcy to find out if you can file a chapter 7 or whether you must file a chapter 13.