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Questions Answered by James Clifton
1 Answer | Asked in Personal Injury, Landlord - Tenant and Civil Litigation for Texas on
Q: How can I sue my apartment complex for security failures leading to an assault?

I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More

James Clifton
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James Clifton
answered on Mar 19, 2025

If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More

4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
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James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Florida on
Q: False allegations in partition action by co-owner for property in Florida

I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently... View More

James Clifton
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James Clifton
answered on Mar 14, 2025

If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More

3 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I stay in my deceased mother's house in Florida without a will?

My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More

James Clifton
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James Clifton
answered on Mar 11, 2025

In order to get the property into your name, you will need to file for probate. If the house is the only asset of your mother, you can file for summary administration and establish the property as her homestead. The property will then transfer to you and your brother. Last, he will need to sign a... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
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James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

James Clifton
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James Clifton
answered on Mar 5, 2025

First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More

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1 Answer | Asked in Real Estate Law and Family Law for Georgia on
Q: How to remove a domestic partner from deed in Georgia?

I would like to know how to remove my domestic partner from the deed of my home in Georgia. The mortgage is solely in my name, and I have made all the payments. We have been on the deed together for 6 years, there isn't a legal agreement regarding the property, and we are now breaking up. My... View More

James Clifton
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James Clifton
answered on Mar 3, 2025

Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More

1 Answer | Asked in Probate and Civil Litigation for Florida on
Q: Altered death certificate and unauthorized probate letter.

I recently discovered alterations to my late husband's death certificate when I tried to obtain a new copy after a house fire. I've also found that someone obtained a probate letter for his estate without my knowledge or consent. I was married to my husband for 21 years. Despite reaching... View More

James Clifton
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James Clifton
answered on Mar 3, 2025

You will need to provide a copy of your marriage certificate to the Florida Department of Health to get the death certificate corrected. You will also need to intervene in the probate case to assert your rights as spouse of the deceased. If the probate case is closed, you will need to motion to... View More

1 Answer | Asked in Family Law, Probate and Real Estate Law for Georgia on
Q: Do sibling's heirs have rights to my parents' home if they're tenants in common?

Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More

James Clifton
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James Clifton
answered on Mar 3, 2025

You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More

1 Answer | Asked in Probate, Estate Planning, Civil Litigation and Personal Injury for Georgia on
Q: Father's estate issues, brother managing assets, concerns about fraud, Georgia

My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More

James Clifton
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James Clifton
answered on Feb 27, 2025

If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More

1 Answer | Asked in Estate Planning, Probate, Foreclosure and Real Estate Law for Florida on
Q: What should I do with my deceased mother's upside-down house in Florida?

My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More

James Clifton
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James Clifton
answered on Feb 24, 2025

The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More

3 Answers | Asked in Probate and Real Estate Law for Georgia on
Q: Can sister sell deceased father's house without will or probate in GA?

My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More

James Clifton
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James Clifton
answered on Feb 24, 2025

If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

If he will accept your portion of the property, you can deed it to him. However, that does not end your financial obligation under the mortgage. If he does not pay it, your credit will be affected. If you want to force the sale of the property, you can through a partition lawsuit. In a partition... View More

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Jointly owned home with ex-girlfriend, unwilling to sell, kicked out, Texas.

I live in Texas, and I own a home jointly with my ex-girlfriend, with both of us on the mortgage and the title deed. She is currently refusing to sell the property and has also kicked me out of the house. We have no legal or financial obligations, such as shared debts or child support, affecting my... View More

James Clifton
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James Clifton
answered on Feb 20, 2025

If she is unwilling to sell the property, you can force the sale through a partition lawsuit. In a partition lawsuit, the court will order the property be sold unless it can be physically divided between the parties. Each party may receive an offset of the amount they are owed depending on which... View More

1 Answer | Asked in Probate for Georgia on
Q: How to obtain deceased mother's 401k balance without will in GA?

My mother passed away in Georgia without a will, and I am trying to obtain the balance of her 401k. Fidelity has informed me that I may be a beneficiary, but they are not being forthcoming with information, even though I have provided everything they requested. No probate proceedings have been... View More

James Clifton
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James Clifton
answered on Feb 19, 2025

If your mother named you as a beneficiary of the 401k, the balance of the 401k is not a probate asset, and probate will not be necessary. You will just need to be persistent with Fidelity. If there were no beneficiaries named on the 401k, the 401k is a probate asset, and probate will be necessary.... View More

5 Answers | Asked in Car Accidents and Civil Litigation for Texas on
Q: Jurisdiction for legal case after semi-truck accident in Texas?

I am seeking advice on determining the appropriate jurisdiction for a legal case involving my fiancée, who is a Colorado resident. Approximately a year and a half ago, while visiting family in Texas, he was hit by a semi-truck after getting a flat tire on the highway. His injuries were... View More

James Clifton
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James Clifton
answered on Feb 15, 2025

The residence of your fiancée will not affect where the lawsuit should be filed. Texas courts will have jurisdiction over the claim because the accident occurred in Texas. The courts of the state where the trucking company is headquartered will also have jurisdiction over the claim because... View More

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1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: How is a personal loan handled in estate without a will if there's a shared mortgage?

If my father passes away and leaves behind a personal loan that is not fully paid, how will his estate handle it if we are jointly paying a mortgage that is also not yet paid off? There is no will currently, the loan has no cosigner, and my father owns nothing besides the house, which is also in my... View More

James Clifton
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James Clifton
answered on Feb 14, 2025

If the property is the only asset and it is titled as joint tenants with right of survivorship, the property will pass to you without having to pay the personal loan by operation of the deed. The mortgage will still exist, and you will still have to pay it. If the property is held as tenants in... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I get property titled in my name after 22 years of living and paying taxes in Georgia?

I have been living and residing on a property for 22 years, during which I've consistently paid the property taxes every year. I have all the tax receipts to prove this, and no one has come forward to claim ownership. Over the years, we have made many improvements to the property. I would like... View More

James Clifton
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James Clifton
answered on Feb 14, 2025

You would have to file an adverse possession lawsuit. You would need to show that your possession of the property was adverse, notorious, open, continuous, hostile, and exclusive. Any permissive use of the property in the past by the actual owner would undermine your claim. Adverse possession... View More

4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What area of law or type of lawyer will take a case where a patient is suffering eye sight loss after a surgery?

Patient went in for cataract surgery, during the surgery the doctor dropped an instrument directly on her eyeball, which caused excessive bleeding which took a long time to stop. She has no sight in her left eye after a week, and is in pain. She went to see a retina specialist who said she now... View More

James Clifton
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James Clifton
answered on Feb 10, 2025

You are looking for a medical malpractice attorney. With an injury and damages as significant as you describe, it is important to hire an attorney who will be able to advocate for the injured party. The attorney will have a medical expert who can determine the cause of the injury, the extent of the... View More

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