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2 Answers | Asked in Immigration Law for Florida on
Q: Are there income requirements for the I-751 Petition in Florida?

My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Personal Injury for Florida on
Q: A legal question for a YouTube video/ documentary I’m making about steroid use

Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2025

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

1 Answer | Asked in Trademark, Business Law and Intellectual Property for Florida on
Q: Trademark concern between DiTu Best Sandwiches and D'TU Pizza in same area.

I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

David Aldrich
David Aldrich
answered on Mar 28, 2025

There is a federal trademark registration for D'TU PIZZA:

https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

What you should do will depend in part on the dates each of you began using the marks and...
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2 Answers | Asked in Bankruptcy for Florida on
Q: Can my wife sell her car during my bankruptcy without affecting the process?

I am going through a bankruptcy filing without my wife, but she wants to sell her car, on which I am listed as a co-owner. Can she sell the car without affecting my bankruptcy filing? The car is not listed as an asset in my bankruptcy, and there are no outstanding loans or legal agreements... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More

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3 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: How to be released from a purchase agreement as a seller in Florida?

I am a seller in Florida trying to be released from a purchase agreement that is over a year old. The agreement includes a clause stating the close date is based on obtaining a wetlands permit. The buyer did not apply for the permit during the first 10 months and currently refuses to execute the... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing),... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: Facing eviction from mobile home park without lease agreement; landlord accused of accepting bribes. What are my rights?

I am facing eviction from my mobile home park for not painting a small dirt spot, lacking a handrail for four steps, and having a car parked near the house. There was no lease agreement when I purchased the mobile home. The park manager is unresponsive, and there are allegations among residents... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2025

I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: How to transfer a home from mother to daughter in Florida due to health concerns?

I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 26, 2025

I am sorry to hear about your mother's health struggles related to her stroke and hope she will recover and improve soon. Transferring a property can be problematic, this is especially true if it concerns a Florida Protected Homestead as special rules, laws and protections apply to it. Also,... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: How to transfer a home from mother to daughter in Florida due to health concerns?

I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 26, 2025

I'm deeply sorry to hear about your mother's stroke, and I sincerely hope she's making a good recovery. Given her health and the ongoing mortgage payments, it's essential to carefully consider the legal and financial aspects of managing her property.

In Florida, several...
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2 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More

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2 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

James Clifton
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James Clifton
answered on Mar 26, 2025

The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Financed car issues with dealer and finance company in Florida

I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More

4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

James Clifton
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James Clifton
answered on Mar 26, 2025

It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More

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4 Answers | Asked in Civil Rights, Civil Litigation, Wrongful Death and Personal Injury for Florida on
Q: Seeking legal advice for son's death in house fire, concerns about police and fire department negligence in Florida.

My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2025

Suing a government agency like the fire or police department for negligence can be difficult due to sovereign immunity, which limits such lawsuits. To succeed, you would typically need to prove gross negligence or failure to meet a legal duty, and strict legal deadlines apply.

It may also...
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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Opal Phiona Lee
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Opal Phiona Lee
answered on Mar 26, 2025

Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 26, 2025

Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More

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2 Answers | Asked in Probate for Florida on
Q: Is a will valid with only one living witness if not contested?

My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Mar 25, 2025

Yes a will can be admitted to probate if one or more of the witnesses is deceased. If the will is self-proving, meaning that certain attestation clauses are included in the signature area, then witnesses are not contacted in the probate case at all. If that attestation clause is absent, then the... View More

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2 Answers | Asked in Probate for Florida on
Q: Is a will valid with only one living witness if not contested?

My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 26, 2025

You will want to have a copy of the Will reviewed by a Florida Probate Attorney, but as long as the Will is validly executed, it does not matter if a witness is since deceased. A copy of the property deed will be helpful as well in order to have that reviewed along with the Will, based on the... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

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