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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.
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
We have moved and the listed assets have changed.
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
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
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
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?
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
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?
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
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
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
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
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
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?
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
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
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
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
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
The car is next door at his neighbors house
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
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
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
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
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
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.
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
Can someone explain what this is and if I can't create a word doc, what format is the court looking for?
Thank you
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
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
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
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
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
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
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
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
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