My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More 
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks
answered on Sep 27, 2023
You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a... View More
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.
I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More
answered on Sep 26, 2023
You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More
Palm Port Apts in North Port, FL. Everyone is having the same confusing issue.
answered on Sep 21, 2023
Only if the lease says the landlord can do it. Ask the manager which lease provision permits rental increase during the lease term. If not permitted under the lease, you may want to hire an attorney to send a letter, or if you cannot afford that because you're indigent, contact your local... View More
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
What should I do I was terrified and scared to go to sleep I stayed up the entire night.My daughter literally scratched until blood was coming out her arms from the bed bugs.I asked for a full refund the owner said no and denied that there were any bugs when I have videos and pictures of the bugs... View More
answered on Sep 18, 2023
You must review AirBnb's terms and conditions for resolving disputes. They have a process that you agreed to when you reserved the unit. That process entails first contacting the unit owner with your proposal for resolving the issue (for example, demanding a full refund), then there are... View More
I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More
answered on Sep 13, 2023
Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More
I was contracted to do some work in a pool. Homeowner didn't want to pay accordingly to our contract and after 3 weeks and many attempts to get the money and continue the work (95% done, I sent a certified letter of "termination of contract" where indicates that effected... View More
answered on Sep 8, 2023
To obtain reliable legal advice, you'd need to schedule a consultation with a lawyer to review the contract, communications, etc. Generally in this kind of situation, if the contractor says, "pay the overdue balance now, or else....", the contractor in essence is making a new... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
If you cannot get them to reissue the check in your name alone (not very likely), then this may well end up being an issue that will need be addressed as part of your mom's probate being done. If no probate was ever undertaken, it may well mean one does need to be done related to these checks... View More
I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More
answered on Aug 29, 2023
Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More
I’m asking cause I just went through that last night for the simple reason that I questioned some of the options that I was told I had and the MAIN REASON is that I said if I had to leave a review at that moment it would be negative and the GM got all up over the thought of a bad review
answered on Aug 22, 2023
Generally, no, if there’s not a loan problem, such as the lender disapproving the loan. However, whatever cancelation terms are in the purchase contract would apply. Ask the dealer what provision of the contract enables the dealer to cancel. If there's no logical answer, the dealer is... View More
On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More
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answered on Aug 15, 2023
There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More
My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never... View More
answered on Aug 9, 2023
1. I would not sign it without review from an attorney.
2. I would not sign it.
3. The terms and duration would most likely be overbroad in territory and time and not enforced.
4. Keeping a person from doing their profession or working in their state of residence is... View More
Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More
answered on Aug 6, 2023
You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More
I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More
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answered on Aug 6, 2023
Hi there! Happy Sunday.
If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:
1. Review the platform's Terms of Service and policies... View More
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answered on Aug 4, 2023
In Florida, as in many other states, landlords have the right to consider a prospective tenant's credit history when making rental decisions. A credit score is often used by landlords as a factor in determining whether to approve an applicant's rental application. However, there are... View More
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