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Questions Answered by Stephen Arnold Black
2 Answers | Asked in Real Estate Law for Florida on
Q: How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 7, 2024

Depending on the value of the estate, you could pursue summary administration or formal administration. However, if the assets are titled in a way that they could pass outside probate (like a joint account, a TOD account or trust account with your name on said title), then probate could be avoided.... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2024

Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 16, 2024

This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 9, 2024

I have never seen a case in Florida where an employee can sue his employer for damages suffered in a third-party criminal attack on the job based on security negligence. The normal remedy that an employee has for damages that occur on the job is workers comp. Additionally, you can sue the... View More

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2 Answers | Asked in Car Accidents and Personal Injury on
Q: Hello. We drive with familly on car. Then we had car accident and hit the tree. Can my husband and kids can sue me ?

They can sue me for injured? Live NY, accident PA. What consequenses for driver. Thank you

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 2, 2024

The general rule is if your family members are living in the same household with you and are all covered under the same policy, then any insured cannot sue another insured. This is because there are exclusions of cross claim liability between the insureds under the same policy.

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1 Answer | Asked in Family Law for Florida on
Q: I got a letter in the mail from my estranged husband which is law forms 12.922(a) motion for default and 12.922(b).

What are these forms? What do they mean?

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 28, 2024

If the other party has failed to file or serve any documents within 20 days after the date of service of a spouse petition, he may ask the clerk of the circuit court to enter a default against you by filling out this form and filing it with the court. Generally, a default allows him to obtain an... View More

3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 25, 2024

A tourist visa allows the foreign national only to temporarily visit the US and return home. If your intention is to visit the US on a B visa and then adjust status to get your green card, that would be immigration fraud. However, if your intent is to just visit but after you enter the US you later... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: What all information and resources do i need for my boyfriend to visit me from out of country? Sweden to Florida

My boyfriend is originally from Pakistan currently living in Sweden from a business opportunity he wants to come visit me within the New Year but we do not know the steps or required information or anything we need to get him down here I would appreciate some advice and help starting from... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 21, 2024

If his passport is from one of the countries on the ESTA list like Sweden is, he can travel here on his passport without a visa for 90 days. If his passport is from Pakistan then he needs to obtain a visitor visa by applying at the US Consulate in Sweden. If he enters the US but then decides to get... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2024

USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

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1 Answer | Asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida on
Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More

3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: If I married someone who is a us citizen, and my visa expired and passport expired

If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

A US citizen can sponsor a spouse for a green card even though the immigrant is out of status, provided that they entered the country with permission. You should engage the services of a lawyer to process the case from start to finish. You don’t need to renew your passport in order to process... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 27, 2024

If you’re a US Citizen, then after marriage you can sponsor him for his green card and he can adjust status to get the green card which takes about twelve months here in Florida. If he wants to travel outside the US, he will need to file for “advance parole” with his application but that... View More

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2 Answers | Asked in Immigration Law for California on
Q: Assistance Required for Reopening I-130 Application. Can I travel back to USA in the meantime?

I am reaching out for legal assistance regarding my I-130 application, which has recently been denied. My name is Alexandru, and I am currently facing a critical issue with this immigration process.

Key Points:

I-130 Application Denial: My application was denied due to a failure to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 21, 2024

Your case has been dismissed so you can either file a motion to reopen or start the case over again. Your return entry into the US will depend on the discretion of the Customs officer. If you are admitted, you should be able to file a new case. There are no guarantees though. However, you should... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 18, 2024

The entire adjustment process takes more than 1 year. There are numerous forms and documents that need to be filed. Working with an immigration lawyer will maximize the chances that there won’t be any RFE’s , delays or even denials. If you do decide to work with counsel, you should research our... View More

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2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 9, 2024

Anyone can sue for anything but they won’t win in your fact pattern. A person fired from a job can sue based on a theory of “retaliatory discharge”. Additionally, a tenant can defend against an eviction based upon the defense of “retaliatory eviction.”

If you want to be sure that...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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