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answered on Mar 15, 2024
No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More
Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?
answered on Mar 12, 2024
They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More
He passed 2-24 his social security came In 2-28 many months ago my dad said that I could pay bills for the current month of his death but not after I found out that’s not true and I don’t want to get in trouble, so what should I do so I don’t go to jail
answered on Mar 6, 2024
If I understand correctly, Social Security payments made payable to your father were being deposited into a checking account from which you were authorized to write checks. If such a payment is deposited into the account and if the payment is for, either in whole or part, sometime after the date... View More
answered on Mar 3, 2024
No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More
I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More
answered on Feb 22, 2024
You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More
answered on Feb 22, 2024
The judgment was recorded, so as to constitute a lien on whatever real property you might own. A satisfaction of judgment means that the judgment has been paid. The recording of the satisfaction means that any real property is now free of any such lien.
I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?
answered on Feb 15, 2024
It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.
answered on Jan 28, 2024
Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.
The elective inclusion of “Heirs,”included in sale and assignment forever:
1. What type of ownership does this deed provide and to whom?
2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??
3. If this... View More
answered on Jan 26, 2024
1. Title is in the grantee (the "single childless man").
2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he... View More
answered on Jan 19, 2024
If you want to appoint a personal representative, which appointment would normally be done by will, that person would have to be, if a non-resident of Florida:
(1) your child;
(2) your parent, grandparent, etc.;
3) your spouse, brother, sister, uncle, aunt, nephew, or... View More
answered on Jan 12, 2024
Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More
answered on Jan 12, 2024
For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More
answered on Jan 11, 2024
That's a good question. The state would have to prove, beyond a reasonable doubt, the residential density. If, for example, you were to discharge the firearm on a parcel that is less than an acre in size and contained one residence, you might be convicted, even if the adjoining parcels were... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
answered on Jan 10, 2024
It would be best to write your motion on a computer and print it out, but it is possible to write it by hand.
In general, you put the caption at the top of the page, including:
name of the court,
case name, and
case number.
You put the title of the motion... View More
Her adult daughter just received a bill for over $5,000 stating her deceased mother made an error in 2019 in reporting the number of dependents. Her daughter was over 18 and not living at home at the time. Her daughter was estranged from her mother and knows nothing about this and certainly never... View More
answered on Jan 7, 2024
It's strange that the daughter received a bill. They may have sent the bill because they don't know whether or not the daughter is the personal representative of the mother's estate. If she has filed a probate petition and is the PR, the estate may be liable, but the daughter... View More
By Fl. law how would the judge react to these actions?
answered on Jan 7, 2024
You have not indicated specifically what documents were signed, but unless a court order specifically prohibited the person from doing so, it is doubtful the person acted in contempt of court. With certain exceptions, a person who is not a Florida resident cannot be the personal representative... View More
We just recently got a gift from my mother. Which whom we don't speak with due to family issues. About a month ago my mom sent an email aski if we wanted to take her 9 month old puppy as she no longer wants to keep her or take care of her. After my wife and I spoke, we decided to make... View More
answered on Jan 7, 2024
You might want to send her a letter setting forth your version of what happened, as you have described here. Attach any documentation, including the email she sent you. If in fact she does consult with attorneys for the purpose of taking you to court, and that is by no means a foregone... View More
seek an arborist and a professional tree trimmer. Of course I just received a letter from her attorney. They stated that in Florida the homeowner( or tree owner) is not responsible for any damage. They cited Scott v McCarty, 41So.3d 989 and Gallo v Heller 512 So2nd. Could you please verify this for... View More
answered on Jan 2, 2024
Those cases, from 2010 and 1987 respectively do rule that trees growing on a landowner's property are not nuisances justifying injunctive relief or damages. They state that what an adjoining landowner such as you should do is to trim the trees at your own expense.
You might want to... View More
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