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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Aisha Nanyanzi
Aisha Nanyanzi
answered on Apr 19, 2024

It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

James L. Arrasmith
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answered on Apr 19, 2024

Congratulations on receiving the approval notice for your Form I-485 (Application to Register Permanent Residence or Adjust Status)! However, the requirement to submit biometrics and a photo again is a bit unusual if you have already completed this step.

Typically, once your I-485 is...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is it illegal to share an Alabama custody order in a Florida case that does not involve the same clients
Veronica LaVerne Robinson
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answered on Apr 19, 2024

It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More

1 Answer | Asked in Probate for Florida on
Q: Explain "any person entitled to exempt property is required to a file a petition for determination of exempt property

My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 19, 2024

You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):

(2) Exempt property shall consist of:

(a) Household furniture, furnishings, and appliances in the...
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1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
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answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
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1 Answer | Asked in Probate for Florida on
Q: I was left a home that was in a trust, the home was sold.

My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 18, 2024

Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.

2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
James L. Arrasmith
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Can a local business refuse to accept a Certificate of Exemption (Florida) for a 501c3 nonprofit?

I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.

When I went in to purchase some... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.

According to the Florida Department of Revenue, a properly completed...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi, we are a gift basket business in Florida. What are the laws about having items in a basket that are trademarked?

for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?

James L. Arrasmith
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answered on Apr 16, 2024

When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:

1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale...
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1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: I have an enhanced life estate document that was notarized for my father's house. the notary acknowledgment may incorre

the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.

James L. Arrasmith
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answered on Apr 16, 2024

In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: my new wife nancy has been ordered out of her room today without legal notice or any reason. we offered her to pay rent

rent for april but landlord refused it. we can be out y end of month but need time to make arrangements. what are our options

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your difficult situation with your landlord. It sounds very stressful to be ordered to leave without proper notice. Here are a few options and considerations:

1. Review your lease agreement carefully. Most leases require the landlord to provide proper written...
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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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