Florida Questions & Answers

Q: Out of state small claims court question

1 Answer | Asked in Libel & Slander for Florida on
Answered on Feb 16, 2019
Terrence H Thorgaard's answer
It depends. If the suit is filed in Florida, the lawyer must be admitted to practice law in Florida. If it's filed in your home state, the lawyer would have to be admitted to practice in your home state.

It's not clear which possible suit you are asking about: the breach of contract or the defamation. Of course one could be a counter-claim to the other.

Q: I have an injunction on me from an ex-girlfriend/coworker. Am I in violation if I talk to people about it at work?

1 Answer | Asked in Civil Litigation for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
Assuming the injunction only prohibits you from contacting her or going near her, no, you would not be in violation for talking to others about it. But to be sure, read the injunction.

Q: How important is the time for acceptance date if it has expired before the contract is executed?

1 Answer | Asked in Contracts for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
Who is trying to enforce the contract? The party who offered the contract (including the "must accept by" language) can probably enforce it. The other party probably could not unless that party did something, after acceptance, to ratify the contract.

Q: My inlaws paid off a sub-loan in 2003 from a bank that went bankrupt and they need proof. How can they get proof?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
When a bank folds, another bank is assigned to step in and, among other things, keep its records. Find the successor bank and ask them.

Q: I am an heir to property in Georgia and my uncle is try to become the administrator of the property what does that mean

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 14, 2019
Terrence H Thorgaard's answer
I guess that means that he has applied to be personal representative (also called "executor" in some places), but to be sure you should ask your question in Justia › Ask a Lawyer › Georgia › Probate >.

Q: PA. My mother had a will. Has a house she owes 18,000 on, a car that she owes 9,000 on, personal loan she owes 7,000 on

1 Answer | Asked in Estate Planning for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your mom, please accept my condolences.

If this is your probate attorney and you hired them to handle the probate you should listen to them and trust them as they have all the information from you and related to the probate, this is especially so if this is a probate in another state.

While more information is needed by any Florida Probate Attorney if this is a Florida Probate, the information that you are providing does not sound...

Q: Will my fake-marriage wife be deported if I divorce her before her papers are here?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
What you are discussing on this public forum is a crime. You should contact an experienced immigration attorney to discuss your situation confidentially.

Q: my ex lives 85 miles away, since I have completed a child support modification he wants to pursue shared custody?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 14, 2019
Rand Scott Lieber's answer
Both parents are entitled to spend time with the children. The court will enter a timesharing schedule that is in the best interests of the children. The court will look at the father's past conduct regarding spending time with the children. If they are established in their current school then they will continue to attend there. The court will not order them to travel 85 miles each way to go to school. If by shared custody you mean 50/50, that does not seem reasonable based on the information...

Q: My friend of mine went to a child hear say hearing and the court reserves ruling what happens next?

2 Answers | Asked in Criminal Law for Florida on
Answered on Feb 14, 2019
Jay R. Rooth's answer
This means the judge is going to issue a ruling with written order at a later date. Many times the attorneys will follow up with additional Memorandum to support the arguments presented at the hearing. You simply need to wait for the judge to make the ruling.

Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Feb 14, 2019
Timur Akpinar's answer
If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already covered by another source. If you have reservations about the terms of the release, you could consult with a Florida attorney.

Tim Akpinar

Q: Is it customary to pay to an estate attorney 70% of his fee's (3% of the estate) based on the appraised value of a home?

1 Answer | Asked in Estate Planning for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
While the 3% you reference is generally a statutory acceptable sums, see the statute below and read through the statute as this is just a small portion of it here; Florida Statute 733.6171

(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in...

Q: Can a home of a deceased without a will be sold without probate?

3 Answers | Asked in Probate for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
Maybe, probably not. You will need to speak with a Florida Probate Attorney. It will depend on what the deed says and how the property is titled and if it can transfer based upon how the deed is presently held. For example, is it held by a husband and wife (Florida Tenancy By The Entirety), then it can likely pass outside of probate or if the deed is held in some manner that allows transfer upon death. So, a starting point will be getting a copy of the deed or having a probate attorney get and...

Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months

1 Answer | Asked in Business Law, Civil Litigation, Collections and Contracts for Florida on
Answered on Feb 13, 2019
Griffin Klema's answer
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!

Q: I just received letter from attorney about difference on loan from 2002. What domI do foe exemption?

1 Answer | Asked in Civil Litigation for Florida on
Answered on Feb 13, 2019
Griffin Klema's answer
Your question is difficult to answer without more specifics. I recommend seeking out an initial consultation with a lawyer who can review the letter you received, and evaluate what the issues are with you confidentially. Many lawyers will offer you a few minutes to evaluate your legal matter for free. Good luck!

Q: Can a Florida prisoner married to a women in France file a simplified petition for dissolution of marriage?

2 Answers | Asked in Family Law for Florida on
Answered on Feb 13, 2019
Rand Scott Lieber's answer
If the prisoner has lived in Florida more than six months then they can file for divorce. If the spouse cannot be found then there is a procedure for divorce by publication.

Q: A real estate agent is using photos that I got on my trail camera to sell a property what can I do?

1 Answer | Asked in Copyright for Florida on
Answered on Feb 13, 2019
Marcos Garciaacosta's answer
Ask him to stop doing that.

If he is using a platform to publish the photos they may be willing to take them down.

To get a court to do something you will need to prove that the photos were taken by you or your camera.

If the photos are not of your property and he is getting the pictures himself, he may be ok.

Have a consultation to decide if you have a case or not or if it is worth pursuing beyond basic communication with the other party.

Marcos...

Q: Is it legal to put fake names, birthdays, and answering not honestly for a valentines day matching survey?

1 Answer | Asked in Education Law for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
In a word, yes. It's not illegal to lie to a non-governmental institution, at least if it's not under oath.

Q: Received my first speeding ticket. Will my insurance rates go up if I take the drivers class to get the points off?

1 Answer | Asked in Traffic Tickets for Florida on
Answered on Feb 12, 2019
Jay R. Rooth's answer
Your insurance rates should not go up if you take the class and avoid points for the citation.

Q: Got speeding ticket- WRONG: ALL car info, lic plate # (1 digit off), I was going north, It says south. Can I fight it?

1 Answer | Asked in Traffic Tickets for Florida on
Answered on Feb 12, 2019
Jay R. Rooth's answer
Yes, but the officer can amend the citation prior to the hearing. However, it sounds like the officer has a bunch of facts mixed up in the citation which will help for the hearing. At the end of the day if the officer testifies under oath that he recalls you driving at excessive speed, you will most likely be found in violation, unless you are able to defend the speeding portion of the case. How did he measure your speed? Has the speed measuring device been properly maintained? Does the...

Q: I have to go to court for mis.vop 1st time what can I expect

1 Answer | Asked in Criminal Law for Florida on
Answered on Feb 12, 2019
Jay R. Rooth's answer
The first time that you go to court for a violation of probation, the court will make sure that you have an attorney or appoint a public defender. The judge will typically ready the reasons for the violation of probation so that you are aware of the allegations and then set your case for a violation of probation hearing. If you violation is minor or a technical violation, the government may consider making an offer to resolve the case.

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