Florida Questions & Answers

Q: Us citizen that petitioned someone but want to get divorced

1 Answer | Asked in Divorce for Florida on
Answered on Aug 27, 2016

If you want to get a divorce, you simply do so. Are you asking whether such a divorce would affect your current husband's permanent residency status?
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Q: Friend passed away. Mother inherited house. House is under mortgage. Lender has offered to refinance to avoid probate?!

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Answered on Aug 27, 2016

You are correct. While the mother could certainly re-finance, her new loan would not be properly secured by her interest in the home, absent probate.
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Q: can your landlord enter your property before your move out date and demolish before you do your walk through?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 27, 2016

Well first, you should have alerted you were leaving 3 days early and done the walkthrough then. Anything can happen once you leave. And if you turned over possession then your lease was over. Your written lease will govern notice, most require 30 days notice EVEN IF it ends on a certain date, so landlord knows you are not thinking about renewing; you will likely lose the argument if your lease requires 30 day notice in the language. The deposit issue is tough you didnt do a walk-through by...
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Q: Friend died after bad divorce. Ex-wife quit her claim to home. In probate, she claims rights to home. Can she do this?

1 Answer | Asked in Divorce, Estate Planning and Probate for Florida on
Answered on Aug 27, 2016

It can be argued that the mother inherited in constructive trust for her grandchildren.
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Q: My employer said "they must put my children on my insurance" it's $800 a month for health ins. What if i can't afford it

1 Answer | Asked in Child Support for Florida on
Answered on Aug 27, 2016

This appears to relate to another question you asked earlier today, it relates to a New York decree, and therefor is a matter of New York law. I suggest that you ask this question in the New York section, not the Florida one.
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Q: If a stove/refrigerator was provided upon moving in a rental, is the landlord required to repair/replace when it breaks?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 27, 2016

Are you leasing the property? if so, you should review the lease to see if it covers this situation. If there is no such language in a lease, the appliances would probably considered so important that the landlord would have to replace them, assuming their breakage was not your fault.
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Q: I live and employed in Florida. My child support case is in Ny. I have a question on health insurance

1 Answer | Asked in Child Support for Florida on
Answered on Aug 27, 2016

Normally, only parties to a case are bound by orders issued in that case. So your employer would not be "court-ordered" to insure your children; although you apparently are. The order was probably sent to your employer as a courtesy, for their records.
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Q: How do I adopt my former step-son (Kevin), who is now an adult?

1 Answer | Asked in Adoption for Florida on
Answered on Aug 27, 2016

Yes, adoption is a matter of state, not federal law, and the law of each state varies to some degree. In some states, for example, adoption of adults may not be possible. Since Kevin resides in Utah, you probably would need to file there.

Since he is now an adult, you probably don't need his parents' consent, and the fact that you are divorced from his mother probably doesn't matter. Check with an attorney in Utah.
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Q: My fathers put his liens on my property. I'm trying to get back the money from his liens, What kind of lawyer do I need

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Florida on
Answered on Aug 27, 2016

I'm not sure that I understand, completely, what you are saying. A lien is a notice that the lienor thinks he is owed money from the owner of the property, giving him priority if the property is sold. If it wasn't sold, there normally wouldn't have been money received.

It looks like you need an attorney who works in the area of real estate, and also possibly the areas of trusts and estates. I may be able to help you if you will send me further information at the email address shown...
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Q: Can I use newspaper print for my art and then make prints of that completed work to sell?

1 Answer | Asked in Intellectual Property for Florida on
Answered on Aug 26, 2016

As always, it depends. If you use a newspaper print that is original, recognizable content, you may be infringing on someone else's copyrighted work. If you're using small text for the background and it is not recognizable or original, then no. The question is whether the content you are using is "original" and whether it is recognizable. Text in a newspaper can be protected written work, while images in a newspaper can be protected visual works of art. Stock listings, however, in the business...
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Q: I need to know if a declatory judgement is the proper procedural device to remove derogatory info off the internet in FL

1 Answer | Asked in Libel & Slander for Florida on
Answered on Aug 26, 2016

As always, it depends. I am guessing that you are looking to remove a listing from Google search? If so, in that case, yes, you generally will need a declaratory judgment in a lawsuit in a case against the person who posted the derogatory information.
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Q: What happens when you get a DUI? Do you automatically lose your license?

1 Answer | Asked in DUI / DWI for Florida on
Answered on Aug 26, 2016

Your license is immediately taken by the police officer and suspended. You are given a citation to drive on and that is only good for driving to and from work and school for ten days. So you will need to get a temp permit via an administrative review hearing. You need to hire a lawyer ASAP if you were just arrested recently.
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Q: Can you draw up a paper to have him sign once I paid him out in full?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Answered on Aug 26, 2016

yes you should get an agreement in writing the it is paid in full. You know if you signed a contract or not, don't play games with it. Just pay it off and be done.
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Q: Can he put a lean on my boat, even out of the US. Can I sell my boat if he has not served me with papers?

1 Answer | Asked in Civil Litigation, Contracts and Collections for Florida on
Answered on Aug 26, 2016

Yes he can put a lien on so I would address the lawsuit before you sell anything. You dont want to illegally sell the boat with a lien recorded with the DMV or a UCC 1 form filed with the State of FL
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Q: How can I pay him and yet have proof of payment when I am out of the country? a notary public?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Answered on Aug 26, 2016

Why not just write him a check? Write on he check "Payment in full of all claimed amounts for any and all work done to [describe boat]." If the check is cashed, you will have a record of that.
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Q: - Is it possible that he may have committed fraud when he referred me to the stores I mentioned below?

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Collections for Florida on
Answered on Aug 26, 2016

Same answer as the last, this is not a criminal issue. You are being sued and if you owe money on a contract pay it. Where you got the materials from is irrelevant to the contract.
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Q: Did he break a law when I asked him to sign receipts and he signed gibberish?

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Collections for Florida on
Answered on Aug 26, 2016

If you had a contract honor it. He also has an argument that he partially performed, being he did work and you paid part, solidifying the contract even if it was or was not signed. This is not a criminal law question though.
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Q: Lease ended 7/31, landlord did not notify of renewal, nor increase. Today he increased 20% verbally. Is this legal?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 26, 2016

On a month to month lease the rent amount can change any month. Every month is is new lease. So if landlord decides next October 1 he wanted $6,000 per month you would have to pay it or vacate after giving you only 15 days notice to pay the new amount or vacate. Statute only afford tenants 15 days notice when landlord terminated a month to month tenancy. Your options are to find a new place and quickly if you cannot pay the extra $175; but it may cost you more than that to move so last...
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Q: My roommate is going back on a verbal agreement on payment that I also have on text. What can I do?

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Answered on Aug 26, 2016

Sue but it will cost you nearly the $360 difference just in filing fees which you will not get back as there is not contractual provision between you for attorney's fees or cost. It may also raise issues with your landlord about illegal subleasing that you dont want raised.
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Q: Can a hotel release my private information and falsify events causing a divorce and mental distress

1 Answer | Asked in Divorce and Personal Injury for Florida on
Answered on Aug 26, 2016

This is not personal injury there was no physical injury. Maybe a privacy case, but would somehow need to prove what was said in the phone in out which is nearly impossible. Merely giving out your room details to your legal spouse is not illegal.
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