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Florida Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If I am part of a shared easement with two other property owners, can I grant an easement of necessity to a third party?

I live in Okaloosa County Florida and I have two pieces of land that share a common easement with two other properties. The easement was created prior to the purchase to protect all parties as well as provide ingress/egress, access for utilities, etc. There is a neighboring property, located to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You could grant an easement across your parcels, but that wouldn't do the owner of the landlocked parcel much good unless the other landowners were to do the same.

1 Answer | Asked in Civil Litigation for Florida on
Q: Code enforcement in Escambia county is pushing me into forclosure and not being able to buy my medicine.

There demands are to much for me to pay and in trying to do so I'm now being threatened with forclosure and have been doing without some of my heart medicine. I'm 65 years old and live on $870.00 per month. Now they are trying to force me to let them on my property. At the first hearing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You need to ask a question.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Poa question

My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2022

No.

Your mother cannot lawfully transfer her POA or give you a new POA over your father.

At best, she can hire you to perform some of the tasks that she is supposed to perform.

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1 Answer | Asked in Divorce for Florida on
Q: Can my husband just divorce me and not leave me a penny as he says?
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.

If the judge decides to award you alimony, the judge will...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
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1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
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1 Answer | Asked in Energy, Oil and Gas for Florida on
Q: I need a lawyer that is willing to take on Energy Solutions Direct regarding solar service.

I had solar panels installed 4 years ago and they have never worked. I have paid $300. monthly to the solar company and also pay high electric bills. I have been through the BBB with them and recently filed bankrupcy under chapter 7 due to the financial strain. I need someone that can help me get... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 25, 2022

It appears that you may have an adversary bankruptcy case, possibly a compulsory one. Also, if you "have been through the BBB with them", you may be able to enforce the results of arbitration, if any. Ask you bankruptcy attorney.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

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2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that

State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Yes, the prosecution has the burden of proving the amount by a reasonable doubt. It can be subjected to weighing.

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1 Answer | Asked in Real Estate Law for Florida on
Q: i purchased townhome in FL 7 years ago with a back porch. the hoa demands the permit now. the porch was buildt during c

construction in original build. hOa has no documents nor does the town. how am i responsible

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 24, 2022

Generally, the HOA only has five years to bring an action but there are exceptions, especially if the HOA could not see the back porch from the street. With satellite photographs becoming more easily accessible through county websites it could be the HOA only discovered it within the past five... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I would like to know if the hotel I stay at can keep making me switch rooms, I was in the one building where there is

Mold n Roaches and bad plumbing, I pay 674 a week for the room, they move me to a different room because of the plumbing back up, now they want me to move back to that room where the mold n roaches are. I don’t want to move, I was told I had to move back to the room I was in, I had no choice.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Sure. You can move to a different hotel.

1 Answer | Asked in Immigration Law for Florida on
Q: I applied for a return visa to france on the 5th of november, it has been almost 3 months and nothing, can I sue them?

I am a moroccan student who studies in france through a staying permit and came to the US as an exchange student. I lost my wallet including my staying permit in the united states. So I applied for a visa to go back to france on the 5th of november. My us visa ended on the 17th of december and I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 23, 2022

It is unfortunate, but losing visa documents can prove devastating. It seems that you have chosen not to leave, so you have fallen out of status. The longer that you stay, the less likely that you will be able to return. Your U.S. visa may be eventually be canceled or revoked.

Given,...
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1 Answer | Asked in Criminal Law for Florida on
Q: My wife is an alcoholic, and she continually drives our car under the influence. What can and should i do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2022

Report her to the police.

1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: do I have any options ? I have no lease or any rental agreement. current on rent.

The roof in my bedroom fell on me 3 weeks after I moved into the property. Landlord is refusing to make any attempts to repair it. I've rented this property for almost 1 year and have had a damaged roof for 11 months. I called code enforcement November 2020 and during their inspection they... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 22, 2022

If you were injured when the roof caved in, then retain counsel here in Florida on contingency fee which means you don’t pay anything unless you win. I have had success with cases like this.

1 Answer | Asked in Employment Law for Florida on
Q: Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.

I work in a warehouse in the state of florida and was told to remove my signs requiring masks saying that I couldn't have them by my hr lady. We had about 8 people test positive this month and I can not get sick due to health reasons of my own, and for loved ones. I want to know my rights but... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jan 22, 2022

As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation.

Alternatively, if you feel the company policy is unfair and adversely affecting the terms and...
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1 Answer | Asked in Business Formation for Florida on
Q: I have a single member LLC in Florida. Is it a bad or good idea to add my 18 years old son to the LLC?

For asset protection I need a multi member LLC

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 21, 2022

Where did you get the idea that a multi-member LLC is needed for "asset protection"? The owner or owners of a legitimate limited liability company are not generally liable for the debts of the LLC. On the other hand, creditors of the owners may levy upon a LLC (and its assets) to... Read more »

1 Answer | Asked in Juvenile Law for Florida on
Q: if im a juvenile in teen court florida can i move to another state and finish my sanctions there with parents permi
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 21, 2022

You would have to ask the judge (by filing a motion) for permission to do so.

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