Her adult daughter just received a bill for over $5,000 stating her deceased mother made an error in 2019 in reporting the number of dependents. Her daughter was over 18 and not living at home at the time. Her daughter was estranged from her mother and knows nothing about this and certainly never... View More
answered on Jan 7, 2024
It's strange that the daughter received a bill. They may have sent the bill because they don't know whether or not the daughter is the personal representative of the mother's estate. If she has filed a probate petition and is the PR, the estate may be liable, but the daughter... View More
By Fl. law how would the judge react to these actions?
answered on Jan 7, 2024
You have not indicated specifically what documents were signed, but unless a court order specifically prohibited the person from doing so, it is doubtful the person acted in contempt of court. With certain exceptions, a person who is not a Florida resident cannot be the personal representative... View More
We just recently got a gift from my mother. Which whom we don't speak with due to family issues. About a month ago my mom sent an email aski if we wanted to take her 9 month old puppy as she no longer wants to keep her or take care of her. After my wife and I spoke, we decided to make... View More
answered on Jan 7, 2024
You might want to send her a letter setting forth your version of what happened, as you have described here. Attach any documentation, including the email she sent you. If in fact she does consult with attorneys for the purpose of taking you to court, and that is by no means a foregone... View More
seek an arborist and a professional tree trimmer. Of course I just received a letter from her attorney. They stated that in Florida the homeowner( or tree owner) is not responsible for any damage. They cited Scott v McCarty, 41So.3d 989 and Gallo v Heller 512 So2nd. Could you please verify this for... View More
answered on Jan 2, 2024
Those cases, from 2010 and 1987 respectively do rule that trees growing on a landowner's property are not nuisances justifying injunctive relief or damages. They state that what an adjoining landowner such as you should do is to trim the trees at your own expense.
You might want to... View More
Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More
answered on Jan 2, 2024
If he left the property to you in his last will and testament, you don't need additional notarized document to that effect., because the will itself should have been notarized. A will doesn't take effect automatically; you should talk to an attorney about applying to the courts to have... View More
I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a... View More
answered on Dec 29, 2023
You are correct; if the pistol does not "expel a projectile by the action of an explosive", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions.
However, your plan to keep it "as a 'deterrent'... View More
My partner was the only person who signed on the loan for the construction, after he signed I received a copy of the closing and the terms where not favorable at all and I feel I am on a loan that is designed to get high fees and interest not favorable and not as the private lender said, I want to... View More
answered on Dec 29, 2023
If the agreement was signed the co-owner of the LLC, on behalf of the LLC, you could argue that the "partner" did not have authority to sign. Then, if you wish you might want to try to re-negotiate the terms. In any event, since it is an LLC, you are probably not individually liable.
If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf?
Is a signature required for... View More
answered on Dec 26, 2023
Yes, service can be made by serving an employee of the registered agent, at the registered office. Also, the registered agent is required to have at least one person (such as in your words "a family member, friend or housemate") at the registered office, as the registered agent's... View More
Is it necessary to fill form 7.343 form requested in the final judgment?
answered on Dec 14, 2023
Yes, you can either pay the judgment amount into the registry of the court or to the plaintiff's attorneys of record. You should ask for a satisfaction of judgment and, when you have that, you wouldn't have to complete and return the fact information sheet.
I am trying to sell a mh I own. It is located in a mh park. According to the lot contract, it says it can not be moved. This is preventing the sale. People want to move the mh onto their property. Is this legal in FL?
answered on Dec 13, 2023
No. Florida Statute 723.058 (10 provides that
"No mobile home park owner ... shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile... View More
ter that mounts onto my side. Is this legal?
answered on Dec 13, 2023
Yes. The term "weapon" as used in the statutes regulating weapons and firearms, does not include a "common pocketknife, plastic knife, or blunt-bladed table knife". See Florida Statute 790.001 (20). Nevertheless, you probably shouldn't attempt to carry the knife in... View More
I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?
answered on Dec 7, 2023
One can pay to stay in, for example, a bunkhouse with a number of beds in the same room and a common bathroom. The privacy expectation for that would obviously be different than if you rented a room with a private bathroom, kitchen, etc., or an apartment, or a house. In other words, if you... View More
I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?
answered on Dec 4, 2023
The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are... View More
answered on Dec 3, 2023
Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.
Will I get introuble if I test positive for alcohol in my system?
answered on Nov 27, 2023
The phrase "not to possess intoxicants to excess" doesn't make much sense. If you possess alcohol but don't drink it, what would be excessive? I think it means that you should not CONSUME intoxicants to excess.
Assuming you are on probation, you probably could be... View More
I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the... View More
answered on Nov 27, 2023
Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations. Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law. The entity you form should have liability insurance, to... View More
My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I... View More
answered on Nov 22, 2023
It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you.
Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in... View More
Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?
answered on Nov 17, 2023
You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.
Your case... View More
My father died suddenly and I wanted to get his medical records but my step mother would not allow me to as she is considered next of kin. She is getting remarried now and I want to know if that would make me next of kin to get the records.
answered on Nov 16, 2023
Florida Statute 456.057 governs who shall have access to medical records. It allows a patient's "legal representative" such access. Assuming your stepmother qualifies as personal representative of your father's estate, she would probably be considered his "legal representative".
I am a groomer and a dog died while doing his nail, after a necropsy we found out that the dog had a health condition that could cause his death at any time, but I received an animal cruelty citation before the results. What should I do? can I remove the citation from my name without going to court... View More
answered on Nov 11, 2023
Contest the citation and explain what happened. You could try to explain to the authorities who are charging you, but you probably will have to go to the court hearing.
It is unclear what you mean by "transfer it to the company [you] work [for]". If you mean the results of the... View More
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