Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What would be the process to correct a deed after a person has passed?

My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 19, 2024

Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More

2 Answers | Asked in Estate Planning for Florida on
Q: Can a Trustee change assets in the Appendix A of a Family Revocable Trust with out a lawyer?

We have moved and the listed assets have changed.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Dec 20, 2024

Listing assets on the Schedule A with the exception of listing "all of my items of tangible personal property" does not in fact fund the trust with anything. It is essentially there to show there is $10.00 in trust at the beginning so that the trust is not empty. The trust is actually... View More

View More Answers

2 Answers | Asked in Consumer Law for Florida on
Q: served with Notice to Appear for pretrial conference for a debt of credit card to fifth third bank. How can we settle?

My mother is 79 only received SS. She is scared they will take her monthly check. How can we settle before going to court. We don’t have lot of money but she is scared

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 18, 2024

Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Florida on
Q: Does each injured body part in a FL work comp have it's own 1-year statute of limitation for medical care?

Example: Injured left knee and right ankle in a fall. Does the 1-year clock start with the last appointment for the whole claim or last appointment separately for each body part?

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Dec 18, 2024

The work comp statute of limitations in Florida is complicated and is also very fact dependent. Generally, the statute of limitations is 2 years from the date of accident or 1 year from the last date of work comp benefit such as medical treatment, medical mileage reimbursement, a work comp benefit... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 17, 2024

If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Discrepancies in Jail Credit Days and Records. What needs to be done?

I am seeking information on behalf of a friend currently incarcerated. While reviewing their case documents, I discovered discrepancies in the judgment and sentence documents, as well as inconsistencies in the case information provided through the Miami-Dade Clerk of Courts' Criminal Justice... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 16, 2024

The question you ask is best answered by the attorney who handled the case because it is more complicated than you might think. Credit is typically given based on time spent in jail after arrest for a specific case. If two cases are handled together, they may still have differing amounts of credit... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: I am 50% owner of home in Florida paid the property tax for past three years can I remove other owner name off home?

How can I have the other owner name removed off property if they do not help with any expenses for the property or put the home in a trust?

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 14, 2024

You likely cannot, unless they willingly sign a new deed and agree to a new deed giving you more or all of the rights related to the property you are stuck with them short of selling, refinancing and one party buying the other out or a forced partition (forced sale), you should try to reach some... View More

1 Answer | Asked in Probate for Florida on
Q: If assets of a will are recovered can what was recovered be dispersed to my lawyer, the PR, and myself and …

I’m a beneficiary of a Will. Another beneficiary is also the executor. Even through formal administration, he kept the accounting from the court and the probate lawyer. The executor took the entire state and ran with it. That may we froze the estate assets or what were left of them. The new... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 13, 2024

No, a probate would need to be opened or re-opened and all matters formally addressed through the probate and or per the previous petitions and signed orders that followed. Generally, if the probate was closed it would need to be opened again, you will need to speak with and or secure a Florida... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: i am being evicted under the base of a holdover. i need more time to get out of the commercial building i have rented

i have rented this building for 12 years and asked for 90 days to move out. the owner said no and gave me 30 days. i have always paid rent and i am not behind at this time. the state is Florida

Is there anything i can do to slow the process? i do not mind leaving as i have already started... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 13, 2024

Not really. You have 30 days. If you need more time and the LL won't give you more time, that's the end of it. There's no legal action to get more time. The fact that you've always paid your rent on time is immaterial. Sorry, but there is no credit for past on-time payments. 30... View More

View More Answers

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

1 Answer | Asked in Business Formation for Florida on
Q: I want to create a LLC in Florida with a previously used name is inactive and dissolved. Any concerns here?
Keith Kanouse
Keith Kanouse
answered on Dec 12, 2024

In Florida, an LLC name becomes available for another entity to use after one year of inactivity, meaning the dissolved LLC's name is held for a year before it can be registered by another business.

Key points about inactive LLC names in Florida:

One year holding period: If an...
View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Judge asked for an indexed trial exhibit notebook before my final divorce hearing, can this be a word doc with photos?

Can someone explain what this is and if I can't create a word doc, what format is the court looking for?

Thank you

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2024

When I have trial in orlando for any divorce or family law matter, I use a 3-ring binder and use a table of content and provide some of the following information based on the issues involved:

-Obtain a 3-ring binder: Include the case name, case number, and trial date on the cover and spine....
View More

View More Answers

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Hi, my name is Jacqualine and the vet sedated my dog without my permission during euthinazion. It haunts me no good bye.

My dog was scared and alone with him for his last face he seen. I cant seem to rest easy anymore. Can i do something about this. My boy did not see my face last and me telling him how much i love him and both of us being comforted by each other during such a horrible time. Im so mad at myself for... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2024

As a dog parent myself, I am so sorry to hear about that. Sedation is a necessary part of euthanization, but if you're wondering if you can successfully sue the vet for money damages for your emotional distress caused by the vet rendering your dog unconscious while you were out of the room... View More

1 Answer | Asked in Criminal Law for Florida on
Q: When a drug charge is dropped but they keep the paraphenlia charge which was the bags it was in is this legal
Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Dec 8, 2024

You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: How does life estate work with 50% undivided interest, both life estate tenants in common are deceased.

The home was purchased in 6/95. The deed states "a single woman, as to an undivided 50% interest with Life Estate to **** and same for a single man as to an undivided 50% interest with Life Estate to ****, tenants in common." There are two beneficiaries of the tenant that died in 1996... View More

James Clifton
PREMIUM
James Clifton
answered on Dec 6, 2024

The two heirs of the single woman inherit her 50% of the property. The three heirs of the single man inherit his 50% of the property. Probate will be required for the man and woman for their heirs to take their portions of the property. The previous attorney was probably referring to the tax basis... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2024

The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.