Lawyers, Answer Questions  & Get Points Log In
Florida Questions & Answers
1 Answer | Asked in Foreclosure for Florida on
Q: Can my home be foreclosed on if the mortgage is on my mothers name? I’m not in the mortgage.

Home was deeded to me many years ago by my father who passed. Mom being elderly abs has dementiA

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 23, 2021

Yes, the property can be foreclosed on for an unpaid mortgage no matter who holds title. The note secures the property as payment. You should consult with a mortgage foreclosure defense attorney to make sure the bank is following all of the proper protocols and naming the proper parties. You... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hello, I'm a permanent resident. I didn't know I need to notify USCIS about address change.

I've already changed several addresses without reporting USCIS about that. Does it lower my chances of getting citizenship and what do I need to do now?

Thank you

Linda Liang
Linda Liang answered on Jun 23, 2021

It won't affect your chance of becoming US citizen. Not reporting change of address may lead to loss of communication from USCIS. That's about it.

3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 23, 2021

Without reading the documents you mention, no lawyer can advise you. Hire your own lawyer who can give you a legal opinion after he or she has reviewed the documents.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Water line clogged in apartment building and backing up into shower drain and flooding the floor.

I live in the 5th floor of a 5 story condo.

The toilet drain line was clogged far into the pipe like 30-40 feet. We called a plumber to snake the drain line. Water was back flowing into our shower drain.

Question: who pays the plumber the unit owner or the condo association... Read more »

Erik A. Perez
Erik A. Perez answered on Jun 23, 2021

This is an excellent question that I come across weekly. I've helped many clients with this issue. Since the property is in a condo association, the pipe may be what is considered a "common element" or "common area" pipe. If the plumber has determined that the pipe services... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Am I able as owner acting as contractor exempt from having contractor sign site plan that is accurate and correct?

Zoning states my site plan I submitted is accurate and correct but needs to be signed by either an architect, engineer, residential or mobile home contractor to move forward, I applied for owner as contractor permit and as homeowner I should be able to submit site plan that is to scale and accurate... Read more »

Erik A. Perez
Erik A. Perez answered on Jun 23, 2021

That is an administrative issue that may be determined by the local design and review board and local regulations. Please provide further information regarding the jurisdiction and local rules. The Florida Statute you cited is primarily for the regulation of licensed contractors and prohibits... Read more »

1 Answer | Asked in Child Support for Florida on
Q: I moved to to Florida and pay support in PR my rights were taken from child do I still pay support?

My rights were taken by judge but I have a zero balance and I continue to pay support but haven’t seen child in 15 years.

Rand Scott Lieber
Rand Scott Lieber answered on Jun 23, 2021

You need to review the child support order and return to the court that issued the order to confirm that nothing further is owed. You can then ask for termination of the child support order, if necessary.

2 Answers | Asked in Immigration Law for Florida on
Q: Can I switch from consular process to AOS and request the interview be done in the states?

Will my husband be able to come here while we do this ? The i-130 and other documents are paid for and already approved. we are awaiting interview with the consular office but we would like to switch to AOS. Can he come here and start this process?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 23, 2021

Unless your husband has a visa he will not b e admitted into the USA.

Consular processing requires an immigrant visa application be completed online. I assume you have done this.

Adjustment of Status in the USA requires a pending I-485. I assume you have not filed an I-485.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: TROULE FOR EXCEPTING MONEY TO RENT A ROOM AND NEVER ACTUALLY LETTING THE PERSON MOVE IN,AS WELL AS DONT OWN PROPERTY?

HAD A FRIEND FIND A GOOD DEAL ONLINE FOR ROOM FOR RENT AND HE DECIDED TO MAKE A MOVE ON THIS DEAL AND ACCEPT. PEOPLE HAD HIM SEND DOWN PAYMENT BEFORE PAPERWORK COMPLETELY FINISHED AND NOW ARE DENYING MY FRIEND TO EVEN MOVE IN AT ALL.ANYTHING THAT CAN BE DONE ABOUT THIS?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 23, 2021

Your friend can hire a lawyer. You stay out of it.

1 Answer | Asked in Probate for Florida on
Q: My father passed away February 2021. He left some property to my sister and I. I would like to buy her out.

I am the executor. I offered fair market value.

I have not probated the will yet due to some other deaths in the family. The property is paid for. The land is 7and 3/4 acres in Polk City. It has an old trailer on it but it is not safe to live in. My sister lives in California and I live... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2021

When you get around to probating the will, you will probably need an attorney; ask your attorney, but partition might be an option. Also, regarding liability, you could require her to pay for liability insurance in your name.

1 Answer | Asked in Criminal Law for Florida on
Q: Is it illegal to show screenshots?

An exfriend of mine (online) faked their death. I came out with the truth 6 months after to her followers and she deleted it. And I came out with it a different way she couldn’t delete it. I also put screenshots in it to back everything up. I left out any personal information by the way. But she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2021

No, I don't think so.

3 Answers | Asked in Bankruptcy for Florida on
Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 21, 2021

You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: If "A" clearly ran a stop sign and t-boned my truck, how can he have insurance without pip? Witnesses -yes Lose my trk

I lose my trk to the towing co. I had basic coverage and shared no responsibility in the crash. I hurt my hip.

Charles M.  Baron
Charles M. Baron answered on Jun 21, 2021

If the other vehicle is one with 4 wheels, it is not possible for it to have auto insurance that excluded PIP - but in any event, that driver's PIP coverage, if any, would be for the purpose of covering THAT driver's medical bills. It is the LIABLITY coverage of that driver's policy... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Hello, if a domestic partner put in money to purchase a property together without any payback agreement

Their name is not on the deed bcs we are not married are they entitled to 1/2 the property?

And or payback?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 21, 2021

If there is no written agreement and no legal marriage then you are in a difficult position. You may have an "equitable" remedy but it could be hard to prove. You should speak to a local real estate attorney who handles litigation to get more specific advice.

1 Answer | Asked in Real Estate Law for Florida on
Q: I am a Florida realtor and own a home in Ohio I am selling do I have to list I am a realtor on zillow listing ?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 21, 2021

It depends what the law says in Ohio for a realtor selling their own home or a property in which they have an interest. You should consult with an attorney in Ohio.

3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 21, 2021

You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also... Read more »

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: In 2018 my sons father had us move back to Florida ,going thru the courts Family plan says to live in a 50 mile radius

If he is trying to move 90 miles away ( distance calculated by how the crow flies) is he going against the courts ordered Document? Should I file with the courts?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 20, 2021

I believe you will find that the child can't be relocated outside of the 50 mile radius without permission; it doesn't prohibit the parent from moving. Check the court order to be sure.

1 Answer | Asked in Civil Litigation for Florida on
Q: My patner in business said damaging things about my person without proof after i sought to disolve the patnership

He filed his claim after i sought xourt action to disolve the patnership. He never made these claims before and with no proof. Can i countersuit?

Charles M.  Baron
Charles M. Baron answered on Jun 20, 2021

You seem to be asking if you may countersue your ex-partner for defamation of character strictly for allegations made in a court filing. If that's your question, the answer is no. Allegations made in a court proceeding (a pleading or hearing) are cloaked with immunity from defamation claims.... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: im on probation until 2025 how can i get early termination
Michael P Mayoral
Michael P Mayoral answered on Jun 19, 2021

Generally speaking, it is up to the court (the judge) to grant early termination. Usually, they want you to complete all of your conditions of probation, pay off all fines and restitution, not pick up any law offenses, and complete half of the probationary term (if its 4 years of probation, they... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Can you be arrested for a charge you picked up while on parole, but the charges were dropped before you were arrested,.

It's my 33yr old son who is out of prison after a ten years severing. And he's been out over a year. He got a charge about a credit card . Then his parole officer text him a few days later and tells him all charges were dropped, I seen the text. Then a couple days later which was... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2021

Criminal case versus a violation of probation and/or parole are two different things with differing standards of proof…obtain counsel as soon as possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.