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2 Answers | Asked in Car Accidents for Florida on
Q: My husband was recently in an accident with a brinks truck . We live in Florida , but the accident happened in Houston

Our insurance company wants to have us sign papers to release the title for the vehicle . It is being totaled . The accident was not his fault , and the company’s insurance hasn’t claimed fault for it . I don’t feel like our insurance company should get hit with this , also Lexis nexus is... Read more »

Kent Higgins
Kent Higgins answered on Apr 8, 2020

Fortunately, you have insurance and one benefit of insurance is the assistance you receive in an incident like this. Your insurance company can deal with the insurance for the Brinks truck though inter-agency arbitration. But in the meantime, if your insurance will fairly cover your loss, you can... Read more »

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3 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Apr 8, 2020

You can be furloughed if you are on FMLA leave, but you cannot be furloughed because you are on FMLA leave. There are a number of other potential issues raised by your message too complex to be addressed in an on-line response. Contact an employment attorney.

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: I want to register my friend and his wife as my co-renters in an one bedroom apartment I live in. Florida

The owner of the apartment is okay. But association says that I cannot sublease the apartment.

Although I told them that they will go through the whole process of background check.

By the rules of the building I am allowed to have up to 3 residents in a one bedroom apartment.... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 8, 2020

I suppose see if your landlord will agree to release you from the original lease and sign a new lease with all of you on it, or see if the current lease can be amended. Regardless, you are asking for trouble with the HOA by doing anything to add them onto the lease. I suggest you take a copy of... Read more »

2 Answers | Asked in Employment Discrimination for Florida on
Q: I work for a big landscaping an irrigation company. When i started my girlfreind brung me in an id be there at 630am

Cause my girl would have to be at work at 7am. Me an her split up. An i have to use public transportation. I text my boss an told her the very first bus is at 730am. Thats the time the company wants you there now my boss said yea its fine that you will be in late. If it happens again you will be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2020

Because she wants you to show up at 6:30. It's not your boss's problem that you can't get there when she wants you there.

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1 Answer | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a potential customer... Read more »

1 Answer | Asked in Business Law for Florida on
Q: A contract I signed w/ a non-profit has an NDA. I am writing a demand for payment letter, can I send to board members?

I worked in Feb. as a freelance musician for an orchestra in Florida that now says they cannot pay what my contract says that I am owed. I am writing my pre-small-claims "demand for payment" letter & would like to cc the board to pressure them to make payment. I live in CA & would like to avoid... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 7, 2020

You should send it to the person listed in the Notices provision of the contract. If no Notice provision send it to the person who signed the contract on behalf of the non-profit. Do not copy the Board members.

2 Answers | Asked in Immigration Law for Florida on
Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should

I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge

Ana S. Mendieta
Ana S. Mendieta answered on Apr 7, 2020

If you have been arrested, then your answer must say yes. It does not matter how long ago it was or if it was expunged or not. You are able to explain the circumstances of the arrest and the fact that it was expunged. You should also explain the reason it was expunged and why it should not weigh... Read more »

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2 Answers | Asked in DUI / DWI for Florida on
Q: Hello, received a DUI in Feb. Is there an attorney who can take my case pro bono? Am unemployed at the time. Thank you.

I refused the breathalyzer and field sobriety test. This is my first offense. Totally clean record up until this. I am unemployed. My company shut down due to COVID. I simply don't have the money required to pay at this time. Maybe set up a long-term payment plan if there is no pro bono... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 7, 2020

We can't solicit or offer our services through this portal, however there are many directories of DUI attorneys in your area. I suggest you check out the National College for DUI Defense, AVVO, and FindLaw. Search for DUI lawyers in your area. Good Luck.

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2 Answers | Asked in Divorce for Florida on
Q: On a quit claim deed in a divorce , what is "legal description of property" ? What are they asking for ?

Mutually agreed upon to do it this way

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You should consult with a local real estate attorney if you need help with this. The quit claim deed may not be valid without the proper legal description. They are the specific words that describe the property in the public records.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Can I refuse to make a telephonic appearance for a hearing for Motion For Summary? The courthouse is closed due to Covid

I have a court date for 4/13/20. I received a voice mail 4/3/20 from the judge's assistant requesting I call her back so that she can give me instructions on how to do to a telephonic appearance. I have not called back. If I don't call back for instructions, will the judge issue a default judgment?... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2020

If you were the judge in your case, wouldn't you rule against the party who was formally noticed for hearing and refused to communicate with the Court after the Court left a message on a working voicemail? If you do not cooperate, the Court will likely grant the summary judgment motion and... Read more »

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2 Answers | Asked in Tax Law and Child Custody for Florida on
Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You can start with sending them a copy of the court order. Worst case you may need your ex to sign an IRS form.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: My grandmother cashed out my grandfather's life insurance policy that I was the beneficiary of while he was still alive.

My grandfather had dementia and my grandmother took over all finances including taking money from a policy that was meant for me. Is that legal of her to have done that while he wasn't of sound mind?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

She may have had a durable power of attorney or have been appointed guardian. Ask the insurance company what documentation it has.

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: Hi I am in need of legal advice please. Real short I married the man I loved on 2/2/20 at our home by Justice of Peace.

Husband kept cetficate and flushed down toilet just spoke with her yesterday no record Are we legally married or not

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Yes, you probably are legally married. In what state were you married; Florida doesn't have justices of the peace. If it was in another state, a document should have been recorded (perhaps with a clerk of court) there. Check with the appropriate agency in that other state.

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1 Answer | Asked in Probate for Florida on
Q: If my Grandparents left me 10 acres out of 40 when they died do the property and buildings on it belong to me
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Did both do so in their wills, and were the wills probated?

2 Answers | Asked in Estate Planning for Florida on
Q: How long after passing does it take to see the will? And is it required to tell a beneficiary immediately?

My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 7, 2020

If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Good morning,,,I was told that could get help with a uncontested divorce through pro bono. No money,children properties
Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Contact your local legal aid office there in Orlando.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: No hot running water

I signed a lease on an apartment in Miami Dade . Lease starting date 3/13/2020. When doing the walk thru I found out there was not hot running water. The realtor I was doing the walk thru with said I could not move in without hot water in the apapartment, she would have it fixed and the starting... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

What does the lease say? Does it stipulate that move in date will be after the hot water issue is fixed? Get a copy of your lease and take it to a landlord/tenant attorney to review.

2 Answers | Asked in Child Support for Florida on
Q: Why dont I get a stimulus check for back child support I havent missed a payment for over 10 years

Yes I had a disagreement with my ex back in 2001 and got behind the judge put 50 bucks on arrears and since she turned 19 in 2010 I been paying that arrears and havent missed a payment

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

I am confused. Are you saying that your total child support lien was $50.00 starting in 2001? How have you not paid that off in nearly 19 years?

If you only owe a minimal amount I presume that once the lien is satisfied, any left over will be sent to you from the stimulus check. If you...
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