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Florida Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: if a quit claim deed in florida is invalid due to only one witness signing can the notary sign later as the second witne

deed is 8 years old but was filed recently

James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

If the notary saw the grantor sign the deed 8 years prior, the notary can then sign the deed at a later time as a witness. The witness's signature does not have to occur precisely at the same time as the grantor's signature. However, most notary blocks reference the grantor acknowledging... Read more »

1 Answer | Asked in Bankruptcy for Florida on
Q: Are there any pro Bono lawyers for chapter 7 bankruptcy.
Timothy Denison
Timothy Denison
answered on Nov 30, 2022

Yes. Check with your local bar association or legal aid society.

1 Answer | Asked in Trademark for Florida on
Q: Can I reclaim my trademark Mamushka? It was declared dead in 2020. Do I just file new application if I have no grounds t
Erik Špila
Erik Špila
answered on Nov 30, 2022

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

1 Answer | Asked in Car Accidents for Florida on
Q: Does a person involved in a car accident that was not driving or owned the car have to do a EUO
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2022

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance law, the general practice nationwide is that carriers are permitted to conduct EUOs, or Examinations Under Oath, as part of their... Read more »

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

You should read and thoroughly understand your financing documents. But let's assume that there's nothing in the financing documents that prohibits you from adding her. Adding someone to a deed or the title to a car, to whom you are not married might be one of the poorest decisions anyone... Read more »

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to supply all documents for mandatory disclosure for a modification of parenting plan with no child support

I’m not asking to modify child support just circumstances have changed with my parenting plan and I can’t come to an agreement with the mother of my son.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You can make an argument that if there are no financial issues then the mandatory disclosure for a modification are not necessary. However, if any of the requested modifications change the overnights, which in turn can change child support, then they may be required. If necessary, the focus will be... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: As a parent to an injured child, am I able to pursue parental loss of consortium?

My child was injured at daycare and was put in a spica cast for 4-5 weeks. Life has been anything but “normal” since this happened. I have been sleeping next to her on the couch every night while she wakes up 2-3 times a night, on opposite nights of my husband. Things have become stressed... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

I think I responded to a question that you had earlier. An injury of this type can be very serious that could have permanent consequences for her in her future. Accordingly, the only way that you’re going to get justice is to file a lawsuit so you can get full “discovery” from physicians... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi, my brother is a US citizen. Can he request a change of status for me if I am in the US. I entered with a visa waiver

How long will the process take. Can I request a work permit while I await the process.

Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

Your eligibility for adjustment of status through your brother will depend on whether you already have an approved I-130 petition filed by him and what your priority date is. If your brother never filed an I-130 petition for you, that would be the first necessary step before filing for adjustment.... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Gifts were given to my husband and myself on birthday days or holidays. Now I was told that they want them back.

One was a gun a dog various either itemd

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

A Florida attorney could advise best, but your question remains open for four weeks. The short answer is that once an ordinary gift is given, it's generally a done deal and not revocable, unless there were conditions. This is posted under a general Uncategorized heading. Attorneys who practice... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: How do I (Plantiff) as a Pro-se, ask for a case to be dismissed, but if the harassment starts again, I'd like to reopen
Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2022

You can file a voluntary dismissal without prejudice (meaning with the ability to re-file later) but BEWARE: if the defendant has incurred any costs and/or attorney's fees in defending the case, he/she potentially could file a motion for an award of those costs and/or fees after you file a... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: What is considered unlawful termination

In the State of Florida can an employer terminate you for asking to speak with higher management? Also if you're in a sober living program can they contact the program to try to get personal information on you. Also can they yall and berate you every day. Can I sue based on these issues? Do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 27, 2022

Yes, yes, yes, and yes, your employer can do all these things and much more. Why?

Because Florida is an “at-will” state. Private employers are free to solicit, hire, promote, increase their pay, demote, lower their pay, suspend, terminate, rehire, reinstate benefits and treat employees...
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3 Answers | Asked in Personal Injury for Florida on
Q: Can I sue a daycare for negligence and personal injury?

My child broke her femur at daycare. They didn’t call 911 they called us. Stated they found her on the ground crying. We picked her up and it was considered a spiral fracture from being stuck. Now we have accumulated mass amounts of medical bills from the transport and surgery. They are also... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 27, 2022

You should retain counsel on contingency fee here in Florida which means you don’t pay anything unless you win. Additionally, Counsel should get a preservation of evidence letter out immediately to see if there’s any video footage that needs to be preserved. Act quickly. This website prohibits... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can a change in building ownership get me out of a lease

The lease I signed over a month ago for the upcoming tern of august 2023-july 2024 has the owners name at the time on it. However since then the ownership of the building has changed and it is no longer the owners that are on the lease I signed. I was wondering if this is a loophole i can use to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 27, 2022

No. The new buyer takes ownership and possession subject to your lease, and the previous owner has or will assign its rights to the new owner.

1 Answer | Asked in Civil Rights for Florida on
Q: We are filing class action against State of Fl. (justice dept&DCF). What do we need to win?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2022

Get an attorney. Class actions are not for non-lawyers such as yourselves.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Can I get in trouble?

If I live in a home where I rent a room and I suspect that the other tenants are making illegal substance and dealing in stolen bicycles what can I do? I can't afford to move and I don't want to get anyone angry at me either.please help

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2022

As the saying goes, "You can't have your cake and eat it too". Either move, get the other tenants angry at you (by reporting them), or risk get in trouble with the law. If the authorities find out about the illegal activity conducted in the home, you will probably be accused of being a part of it.

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