Questions Answered by Andy Wayne Williamson

Q: I am searching for my mothers will. I do not have the attorney's name that filed it and I do not believe my father

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on Jun 22, 2017

If the will has not been filed with the court I assume the proper place to look is yoir mothers home. Or ask your dad for a copy. Really not enough information in your question to. E able to answer much.
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Q: I occupy a small area in a commercial building at the owner’s suggestion for no fee

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jun 22, 2017

I suggest that you move out quickly. You do not give enough facts to answer. For example, you do not say whether you signed a lease agreement? If so, the lease agreement may establish the time frames.

If the landlord files a 3 day notice for non payment of rent, well you may have to be out pretty quickly. I suggest that you not delay and get your equipment out asap.
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Q: I am my moms soul caretaker she as wants to put me on the the dead to the house and we have no money

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jun 22, 2017

It depends upon what has to be done. I would suggest between $300.00 to $500.00. While your outline of the situation is short and to the point I think most lawyers will want to do their own evaluation first. Thus I give the range above. I can't speak as to other attorneys and their fees.
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Q: car accident three different hospitals and primary 3rd hospital caught the fractured spine three weeks later

2 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Florida on
Answered on Jun 22, 2017

I can't say if your daughter has a case or not but I strongly suggest that you consult with a medical malpractice attorney in your area to see if there is a case.

Medical malpractice cases can be difficult and expensive to bring and the medical malpractice attorney puts up the cost to bring the case initially so thay are usually very cautious on which cases to accept. But get your daughters case evaluated.
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Q: If I have a lease in place, and made a verbal agreement to take $200 less on the rent, is it valid?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 21, 2017

Technically yes but I suggest that you consult with an attorney in your area to go over your lease to get specific advice before your take any action.
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Q: My vehicle was hit while parked in my parking spot. I need assistance in getting vehicle fixed by other vehicles ins.

1 Answer | Asked in Car Accidents for Florida on
Answered on Jun 21, 2017

A property damage case is usually routine and can be handled directly with the other insurance companies property damage adjustor. If you do not know who the other insurance company is, then you need to contact your insurance company as often times, if you pay for the correct coverage, your insurance will fix your car and then seek reimbursement from the other vehicle.

Also, you might check with a personal injury attorney in your area as they might help you with getting the property...
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Q: If I hire an independent contractor for my business, do they have to be legally authorized to work in the United States?

1 Answer | Asked in Business Law and Immigration Law for Florida on
Answered on Jun 21, 2017

Your question probably needs to be asked to a lawyer or accountant who handles employment tax issues.

The main issue that I see is that you are required to withhold taxes for a standard employee but the employee seeking to work as an independent contractor may be an effort by the employee to circumvent paying taxes as he or she likely does not have valid credentials to work in the US much less be in the US lawfully.

I suggest that you do further research with a tax...
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Q: If a business closes and opens in another name, what happens to their customers? Can they be contacted by someone?

1 Answer | Asked in Business Law for Florida on
Answered on Jun 21, 2017

Your question leaves off what I think are some important details. It sounds like you are asking about a non compete agreement as you list that you are a previous employee.

If this is a non compete contract situation, then I suggest that you get legal counsel before proceeding. You need to have an attorney look into the closing of a business and opening in another name. Via public information the two businesses may look to be totally different or unconnected. However, in reality...
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Q: How does the 15-day termination of rental lease notice work in Florida?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 21, 2017

The statute calls for notice to be 15 days prior the end of the rental term. ie: based upon calendar days. So you may be obligated to pay rent for one more term or period since you missed giving the notice by the 15 of June. All the time periods run based upon the calendar cycle not the days in between your notice and desires move. You and the landlord could likely come to an agreement but you guys need to do so or you can give notice to terminate for July 31 now and move out early but you...
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Q: if we close on a house sooner than contract date, we take possession of the house or do we have to wait for orig date

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jun 21, 2017

The contract will control the answer. Typically a contract contemplates exchange of possession at closing. I suggest that you need to meet with a real estate attorney and have him or her review the contract and then go over the early closing scenario.

Typically a standard real estate contract has numerous terms that contemplate exchange of possession at closing. I suggest that closing early is likely not covered by the contract and can lead to issues down the line. Typically the best...
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Q: I am legally obligated to pay the builder for change request and if the builder can currently put a lien on my home?

1 Answer | Asked in Contracts, Construction Law and Real Estate Law for Florida on
Answered on Jun 20, 2017

Under the facts as you state in your question, I do not think that the builder can place a lien on your property now based upon the amount of time that has passed. A builder has a limited amount of time after completing the construction in which to file a lien. I suggest that you may want to sit down with an attorney and get a consult and have the attorney review the documents.
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Q: My spouse and I divorced in 2011, and reconciled a year later. We have been co-habitating since.

1 Answer | Asked in Real Estate Law and Family Law for Florida on
Answered on Jun 20, 2017

If you are not on the deed and are. It married then you are likely not a co-owner and likely have no rights to the property. I suggest that you consult with a real estate attorney in your area to have him or her review the deed in the property to verify the way title is held.
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Q: if you have house for sale through realtor and contract is up can you sell house Without paying commission

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jun 20, 2017

I agree with Attorney Lubin. Check your contract. Many listing contracts require payment of a commission for a period of time after the contract expires. Especially if the party now interested in purchasing found out about the home during the realtors listing contract period.
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Q: I'm separated for 15 yrs how can I sell my home (in my name only) without spouse signature? Purchased after separated.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jun 19, 2017

If the house is in your name only, I am not sure why you think that you need your spouses signature. If the house is just listed in your name only you can sell it. You might have to sign an affidavit that your spouse (even though married) has never lived there.
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Q: verbal agreement for renting half of house, renters using my papergoods, food, not replacing, they started staying next

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 19, 2017

I am not sure if you even have a lease agreement at all. But yes, you can terminate the lease. It sounds like all that you nee to do is post a notice on the door advising that the lease is terminated as your fact pattern states they live next door. I am really not sure if the factual description makes full sense to me but, short answer is that yes you can terminate for either non payment of rent or terminate based upon a month to month rental.
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Q: My roommate - the primary signator on our lease - has not been paying rent. How can we evict her without evicting me?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 19, 2017

Your landlord is the one with the legal authority to evict not you as a tenant. The landlord could in theory seek to evict your roommate only and then sign a new lease with you. Your landlord needs to seek legal advice.
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Q: I am listed on the lease as a tenant/lessee do I have rights to the lease if I never signed it?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 19, 2017

I would have to say no. The key is likely the landlord in terms of whether you can keep the rental. If your ex will agree to leave and the landlord will either agree to let you stay or have you sign the lease then you can stay. But if they do not agree you do not have the right to force them to let you stay.
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Q: My internet provider cancelled my services without my consent them charged me a cancellation fee. Can they do that?

1 Answer | Asked in Contracts and Consumer Law for Florida on
Answered on Jun 18, 2017

Based upon the facts stated I cannot tell if the cancellation was done per your request or not. I know you state hat you did not give them permission but it seems like they cancelled based upon your call to them.
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Q: I have been on a month to month lease for three years. The property was recently sold and the new owner mailed a letter

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 18, 2017

As a month to month tenant your lease is technically only 30 days in length. Thus the new owner can change the rent and up the security deposit. So yes the new landlord can evict you.
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Q: Is the original purchase agreement still valid?

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Answered on Jun 18, 2017

Consult with a real estate attorney in your area. The attorney needs to review the contract to be able to answer your questions.
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