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2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
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answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 17, 2024

You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2024

That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More

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1 Answer | Asked in Social Security for Florida on
Q: I was told I can’t receive my deceased spouse’s SS because I am the beneficiary of her pension and I can’t receive both?

My spouse is recently deceased and I was initially told I would receive her SS; but then I received a letter from SS administration stating that I won’t receive her SS because I am receiving her pension and I cannot receive both. Is this true?

James L. Arrasmith
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answered on Apr 15, 2024

In most cases, you can receive both your deceased spouse's Social Security benefits and their pension, but there are certain exceptions and rules that may apply. The two main factors that could affect your eligibility are:

1. Government Pension Offset (GPO): If you receive a pension...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 16, 2024

If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can... View More

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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

James L. Arrasmith
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answered on Apr 15, 2024

The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

James L. Arrasmith
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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

1 Answer | Asked in Business Law for Florida on
Q: Can a Non-Profit organization have the President's Sister and Nephew sit on the board of directors and achieve Quorum?

I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the

President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More

James L. Arrasmith
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answered on Apr 15, 2024

Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.

Scenario 1: No compensation for board...
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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 15, 2024

PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More

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1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: Can the police drill holes from the Apt nextdoor and put cameras to monitor inside my apt
James L. Arrasmith
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answered on Apr 15, 2024

No, the police cannot legally drill holes and install cameras to monitor the inside of your apartment without proper authorization. Here are a few key points regarding this:

1. Fourth Amendment protection: In the United States, the Fourth Amendment protects citizens against unreasonable...
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1 Answer | Asked in Criminal Law for Florida on
Q: Under ‘Hearsay’, can the State use the testimony/transcripts of a deceased person in a retrial?

And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?

*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2024

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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