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Questions Answered by Ira Markowitz
2 Answers | Asked in Family Law for Florida on
Q: Do grandparents have a legal right to keep their grandchild from moving out of state.

My wife and I want to move with our toddler. He loves grandma and grandpa but they are extremely toxic. Can they legally keep us stuck in state? (FL)

Ira Markowitz
Ira Markowitz
answered on Apr 25, 2022

I have litigated this issue years ago and the answer is still the same the grandparents don't have standing.

Relocation issues only involve the parents

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1 Answer | Asked in Probate for Florida on
Q: What are the Precedents of a Will

My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?

Ira Markowitz
Ira Markowitz
answered on Apr 11, 2022

Was the house purchased by her before she married and whose name is on it?

Did she change the title?

2 Answers | Asked in Family Law for Florida on
Q: If my x husband is not making equitable distribution payments to me what can I do ? Can he be put in jail?

I don’t receive alimony instead I receive 3k a month which is classified as equitable distribution what can I do ?

Ira Markowitz
Ira Markowitz
answered on Apr 10, 2022

Since the payments are not alimony or child support and classified as equitable distribution the enforcement doesn't include possible jail time.

It's a breach of contract action per your Marital Settlement Agreement which may include attorney fees and costs to the prevailing...
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1 Answer | Asked in Probate for Florida on
Q: What is the fee? Can we make payments?The will was originally in my boyfriend name he is the son and the aunt the Dad

got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died

Ira Markowitz
Ira Markowitz
answered on Apr 8, 2022

Free consultation up to 30 min.

1 Answer | Asked in Probate for Florida on
Q: Robert is deceased we want to contest the will the aunt had this done a month before he died and took everything t
Ira Markowitz
Ira Markowitz
answered on Apr 8, 2022

There are several grounds for a Will contest, undue influence,mental incapacity and the Carpenter case factors.

I suggest you see a probate litigation attorney such as myself.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Do heirs have ownership? House in trust was transferred from grantor to grantee and heirs. Grantee remarried and passed.

The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... Read more »

Ira Markowitz
Ira Markowitz
answered on Apr 8, 2022

Who is listed as the Grantee?

If it was the Trust then it was probably settled in the agreement and you have no interest.

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Is it legal for my ex husband to record our child co-parenting pick ups & drop offs without my knowledge or consent?

I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... Read more »

Ira Markowitz
Ira Markowitz
answered on Apr 4, 2022

Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.

If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement...
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2 Answers | Asked in Divorce for Florida on
Q: In the state of fl does a married couple with kids have to be legally separated a length of time before divorcing
Ira Markowitz
Ira Markowitz
answered on Mar 31, 2022

There's no "legal separation" requirement before either party can file.

The parents can work out an agreement

regarding division of property and a parenting plan before filing which is in the best interest of your children.

Contact an attorney for further...
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2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: What kind of attorney can help me in a post divorce real estate settlement to ensure I get my fair share of the equity?

My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... Read more »

Ira Markowitz
Ira Markowitz
answered on Mar 28, 2022

A Family or Real Estate experienced in partition litigation.

Alot depends if you had a Marital Settlement Agreement addressing the marital home.

Generally speaking either can force the sale via a partition action with the net proceeds being evenly divided.However, if your ex wife...
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2 Answers | Asked in Probate for Florida on
Q: Do i have to do probate?

My father and mother passed away 2 years ago dad bought a home with va loan with intention of the house being mine before he could get mortgage insurance or add me to deed he passed suddenly. I have been paying mortgage payments since as the mortgage company told my brother to have me do. Now they... Read more »

Ira Markowitz
Ira Markowitz
answered on Feb 24, 2022

Short answer is yes.

Did your father have a will? Did he have a spouse at time of death?

If not then he died intestate and the property will go to you and your siblings. Your siblings can agree in writing to give you the property

You'll need an attorney for the probate process

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2 Answers | Asked in Probate for Florida on
Q: how do i know my inheritance administration type if, summary , formal or Disposition of Personal Property without Admin
Ira Markowitz
Ira Markowitz
answered on Feb 19, 2022

It depends on the type and value of the probate assets.

If the assets had placed in a trust there would no need to have an estate and with planning would be avoided e.g., Life Insurance passed directly to the named beneficiary (ies).

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Is my marriage legal if I never turned in license?

I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I... Read more »

Ira Markowitz
Ira Markowitz
answered on Feb 18, 2022

Check with your local county clerk where your ceremony took place and where the license was issued.Check if the license document was signed by the parties and notary and turned in.

There are many seniors that have a religious ceremony and receive a beautiful religious certificate, e.g., in...
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3 Answers | Asked in Divorce for Florida on
Q: married 8 yrs Need to get a divorce due to irreconcilable differences, cruelty and verbal and mental abuse

Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.

Ira Markowitz
Ira Markowitz
answered on Feb 15, 2022

No, especially if your mental health is suffering.The financial issues can be addressed later.

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2 Answers | Asked in Family Law for Florida on
Q: If my ex husband told me I can utilize money he had in a safe box for bills if need be, and I did...is that a loan?

We were married at that time. I used the money for rent, bills, groceries and a semester of college for one of my kids. I paid the portion for semester back. He only put $500 towards rent monthly. Everything else was my responsibility within the 3.5 year relationship. Is the remainder legally owed... Read more »

Ira Markowitz
Ira Markowitz
answered on Feb 11, 2022

No since it was marital & used for marital debt.

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2 Answers | Asked in Divorce for Florida on
Q: How to get a divorce without knowing where the spouse is

I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years

Ira Markowitz
Ira Markowitz
answered on Oct 11, 2021

How long have you been a resident of Florida?

Did you have a written agreement at the time of your separation regarding jurisdiction?

Are there any minor children born during the marriage?

Did you and your husband have any real property in New York?

It's...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Ira Markowitz
Ira Markowitz
answered on Oct 11, 2021

I agree with the previous comment.

However, you didn't say what State and County your natural mother was last a resident nor did she have a will

nor if she owned a Homestead residence.

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