Florida Questions & Answers by Practice Area
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Florida Questions & Answers
Q: I haven't paid my mortgage in almost 2 years and the bank is foreclosing. Can I save my house by filing for bankruptcy?
Terrence H Thorgaard's answer
No. The mortgagee will probably be able to get relief from the automatic stay.
No. The mortgagee will probably be able to get relief from the automatic stay.
Q: Do Government agencies have to abide by the labor laws?
Kevin Sanderson's answer
Yes. Depending if you work for local, state or a federal agency, the rules and procedures differ greatly. They also differ from private sector employment/labor rules. You need to speak with an attorney who knows these areas well to get solid insight.
Yes. Depending if you work for local, state or a federal agency, the rules and procedures differ greatly. They also differ from private sector employment/labor rules. You need to speak with an attorney who knows these areas well to get solid insight.
Q: If I sell a rental property in Florida where I live and buy either a house or land in NY do I still have to pay capitals
Alvaro Augusto Acevedo's answer
In most cases if you lived in the property 2 of the last 5 years you exclude between 250K - 500K of gains regardless of what you do with the money. If you want to postpone capital gain you can do a 1031 exchange. www.lawyercpa.com.
In most cases if you lived in the property 2 of the last 5 years you exclude between 250K - 500K of gains regardless of what you do with the money. If you want to postpone capital gain you can do a 1031 exchange. www.lawyercpa.com.
Q: Under what circumstances can I get a DUI taken off my record?
Kevin John Mawn's answer
Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.
Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.
Q: If father precedes step mom in death. When my step mom passes as his sole heir, can father family be excluded as heirs?
Terrence H Thorgaard's answer
Yes, if he was not the subject of undue influence, and if he was mentally competent when he made his will, he could, if it was done properly, disinherit children and other family members.
Yes, if he was not the subject of undue influence, and if he was mentally competent when he made his will, he could, if it was done properly, disinherit children and other family members.
Q: Is there anything my mom can do to kick out her boyfriend who is on the lease? Without paying thousands.
1 Answer
| Asked
in
Civil Litigation, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Charles M. Baron's answer
Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.
Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.
Q: I filed for divorce a while back. Courts found parenting plan requirement to be moot at this time. What does that mean?
Terrence H Thorgaard's answer
Hard to say without knowing more. The word "moot" means that the circumstances make it so that, while it was important at one time, it no longer matters either way.
Hard to say without knowing more. The word "moot" means that the circumstances make it so that, while it was important at one time, it no longer matters either way.
Q: Can I detain a person who has committed a felony?
Terrence H Thorgaard's answer
Good question. Florida Statute 776.012 provides, in pertinent part, as follows:
"Use or threatened use of force in defense of person.—
(1) ...
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or...
Good question. Florida Statute 776.012 provides, in pertinent part, as follows:
"Use or threatened use of force in defense of person.—
(1) ...
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or...
Q: mother of 16 month old the father wants to take me to court he wishes to have overnight stays can I refuse this ?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Rand Scott Lieber's answer
The father will be allowed to spend time with the child. It does not have to be overnight. The court will decide what is in the best interests of the child. You need to tell the court that the father does not have an appropriate living space for the child.
The father will be allowed to spend time with the child. It does not have to be overnight. The court will decide what is in the best interests of the child. You need to tell the court that the father does not have an appropriate living space for the child.
Q: I was arrested in 1999, 2011 and one month ago. Can my past be used in sentencing in the state of florida
Deborah Annette Carroll's answer
Past convictions can be used for calculating sentencing score sheets in the state of Florida.
Past convictions can be used for calculating sentencing score sheets in the state of Florida.
Q: My daughter had a child out of wedlock in NM. Her spouse is in jail and left her w/o support. She moved to FL w/me.
Rand Scott Lieber's answer
In Florida the mother has full rights to the child unless or until the father goes to court to prove paternity. If she is the mother she has custody so no need to "file" for it. As long as there is not a court order in NM about paternity then the father would have to file something in Florida where the mother and child live in order to pursue timesharing. He would also be obligated to pay child support.
In Florida the mother has full rights to the child unless or until the father goes to court to prove paternity. If she is the mother she has custody so no need to "file" for it. As long as there is not a court order in NM about paternity then the father would have to file something in Florida where the mother and child live in order to pursue timesharing. He would also be obligated to pay child support.
Q: I want to purchase my own Home Owner ins. can i be force to accept the Escrow acct set by my mortgage co?
Jonathan A. Klurfeld's answer
Generally, if the mortgage you signed says that, which is common especially upon lapse, then yes.
Generally, if the mortgage you signed says that, which is common especially upon lapse, then yes.
Q: Can my real estate agent sell me a property he may own/affiliated with llc which owned property previously? Legal?
Jonathan A. Klurfeld's answer
I dont see why it's an ethical issue to own an interest in real estate and then sell it to you. I assume the only ethical issue would be making disclosure to you of such interest in the LLC; if it is true. If agent is not on sunbiz for the company as an officer of the company, you will have a tough time proving that. If agent was merely an agent for the LLC previously there really is not conflict.
I dont see why it's an ethical issue to own an interest in real estate and then sell it to you. I assume the only ethical issue would be making disclosure to you of such interest in the LLC; if it is true. If agent is not on sunbiz for the company as an officer of the company, you will have a tough time proving that. If agent was merely an agent for the LLC previously there really is not conflict.
Q: what can happen if my daughter's father gets a lawyer and is taking me to court cause child support started.
Terrence H Thorgaard's answer
He's contesting your court action by which you are seeking child support? If you are represented in the proceeding, ask your attorney.
He's contesting your court action by which you are seeking child support? If you are represented in the proceeding, ask your attorney.
Q: My ex set child support via the state. He has been paying me directly though. Are we able to modify it pay directly
Deborah Annette Carroll's answer
You don't get less money with the payment through the state disbursement system. A service charge is added to cover the administrative cost, but it is added to what he pays rather than deducted from what you receive. However it can take longer for the state to set up your account and disburse the funds at the beginning. Once it is set up though, the disbursement to you is fairly quick.
You don't get less money with the payment through the state disbursement system. A service charge is added to cover the administrative cost, but it is added to what he pays rather than deducted from what you receive. However it can take longer for the state to set up your account and disburse the funds at the beginning. Once it is set up though, the disbursement to you is fairly quick.
Q: How do you sue someone's estate?
Terrence H Thorgaard's answer
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.
And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.
And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
Q: kids are 19, 20 and 21 can I file a civil suit for unpaid support? I’ve never received his taxes due to him not filing.
Terrence H Thorgaard's answer
If you have a child support order, you don't need to file a new suit; collect the CS order. If you have proof that he owns the business and vehicles, and he lied about it under oath, he can be prosecuted for perjury, and you can perhaps, once you prove it, get a writ of attachment.
If you have a child support order, you don't need to file a new suit; collect the CS order. If you have proof that he owns the business and vehicles, and he lied about it under oath, he can be prosecuted for perjury, and you can perhaps, once you prove it, get a writ of attachment.
Q: Can I be prosecuted if I suspected embezzlement at the place
Terrence H Thorgaard's answer
No, you can't be prosecuted unless you committed, aided, or abetted the crime. Suspicion by itself is not one of those.
No, you can't be prosecuted unless you committed, aided, or abetted the crime. Suspicion by itself is not one of those.
Q: How do I know if my sexual harassment claim is state or federal?
Terrence H Thorgaard's answer
Unless it involves sexual harassment by a federal officer or employee, chances are that it is state. But it doesn't matter unless you plan to litigate it, and you definitely don't want to do that without an attorney who specializes in such cases. Ask that attorney.
Unless it involves sexual harassment by a federal officer or employee, chances are that it is state. But it doesn't matter unless you plan to litigate it, and you definitely don't want to do that without an attorney who specializes in such cases. Ask that attorney.
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