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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

2 Answers | Asked in Family Law and Social Security for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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1 Answer | Asked in Estate Planning for Florida on
Q: Do simple wills need to be notarized in Florida?

I have a simple will that was signed by myself and two witnesses that are not in the will. I did not get this notarized

Edwin Christian Cisneros
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answered on Jul 18, 2024

No, there is no legal requirement that a will be notarized; however it is good to have a will notarized in what is called a self proving affidavit so that one of the witnesses does not need to be called when you die and the estate is probated. Nevertheless, the will is good as is.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Should I get my own probate attorney?

My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More

Edwin Christian Cisneros
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answered on Jul 18, 2024

The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Trust Administration advice needed. Thank you.

Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.

Edwin Christian Cisneros
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answered on Jul 18, 2024

It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Can I sue an auto body shop for unauthorized use of my vehicle?

After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I received a "Notice of Entry" from the court in Missouri after my sisters passing, and I don't know what to do with it?

The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More

Anthony M. Avery
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answered on Jul 16, 2024

Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can owner of surrounding land refuse access to purchased land because an easement was not granted at time of purchase?

When I purchased my property over 20 years ago I was not given a legal easement. The owner of the property surrounding my property has now decided they no longer want to allow access to my property and chases anyone who enters the property away Is there any legal recourse I can seek to force the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

It appears that you would have what is called an easement by implication or by necessity. So no, the person who sold you your land doesn't have the right to refuse access and you could probably bring a successful lawsuit to establish your right to access your property.

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a condo & in 2 months, I was notified of a maintenance increase & roof assessment. Is this right ?

With further clarification of my question, my major concern is of the assessment. The maintenance increase, should have still been at least disclosed, in an act of integrity as the Seller is the president of the board. The condo rider stated no pending assessments, which I believe was untrue, as... View More

Anthony M. Avery
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answered on Jul 12, 2024

Purchasing a condo means you accept those kind of monthly fees, or lose it. It does not sound like you could prove those fees were pending at sale. But in any event a fraud suit will not work as you have no damages and you probably want to continue living there.

2 Answers | Asked in Criminal Law for Florida on
Q: I was a passenger in a valid traffic stop in Florida and was arrested for obstruction I refused to say my name when as

Asked I was not doing anything else at all is this legal?

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

A person is required to identify themselves when requested by a law enforcement officer if that officer reasonably suspects that a crime has been committed, is being committed, or is about to be committed.

The officer is not required to tell you at the time what crime or why he suspects...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was a passenger in a valid traffic stop in Florida and was arrested for obstruction I refused to say my name when as

Asked I was not doing anything else at all is this legal?

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Additional explanation: The police officer may be looking for someone else and may require your identification to confirm that you are not the person he is looking for. Your refusal to identify yourself then obstructs and delays his search for that person.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

1 Answer | Asked in Probate for Florida on
Q: Hi. When my dad passed away his he didn’t leave a will and his only assets were life insurance and a small (see below)

Bank account left to me and my sister. I found out recently through the Florida Treasure Hunt that there are $300 in funds left to my father from a foreclosure of a home from about 15 years ago. Problem is, my sister had(s) power of attorney so her name is attached as owner of the funds. However, I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

The power of attorney doesn't make her the owner of the money; but it's probably the reason she is named as the "owner". You should be able to get your share of the money through what is called "Disposition without administration", pursuant to Florida Statute 735.304.

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

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1 Answer | Asked in Probate for Florida on
Q: what is a subpoena for production of documents from non-party mean? this is for a probate case for an estate.

the attorney handling the case wants phone records from 2 years ago. i am not associated with any parties on this case. i don't understand why or how i got involved.

Anthony M. Avery
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answered on Jul 11, 2024

That is a subpoena duces tucem and it is Court issued. If you do not wish to comply, then hire a lawyer to file a motion to quash. Obviously you are not a party to the suit, but your records are wanted by one of the parties to use in Court.

1 Answer | Asked in Collections for Florida on
Q: I'm getting letters from lawyers to represent me from midland credit management but haven't cc received no court day is

Is this legitimate or a scare tactic to try get me to pay

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2024

Apparently, the letters are from attorneys seeking to represent you, and such letters are not from Midland. If that's the case, no it wouldn't be a "scare tactic". Until you have been served with a summons, by the way, the case cannot proceed. You can check with the clerk of... View More

1 Answer | Asked in Contracts for Florida on
Q: Bought a piece of heavy equipment that will not run can't be used any recourse, will insurance pay
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

A Florida attorney could advise best, but your question remains open for two weeks. It could depend on your contract and the type of insurance. If the deal was done "as is" and the insurance is limited to basic liability and physical damage, then probably not. If it was a repair-type... View More

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