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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: File will if the only asset is a joint bank account?

Unfortunately my grandmother just passed and I’m helping my mother in getting everything organized. My grandmother has a will requesting her assets be split between her 3 children. The only assets she had when she passed is a checking account that my mom is joint owner on and some personal items... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 6, 2023

I am very sorry for your loss on the passing of your grandmother, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is generally no, if there are no assets in your grandmother's name alone, then no probate will be necessary,... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Florida on
Q: Are homicidal threats and a baker act a legal reason for termination?

Hello

I was recently fired from my job after being baker acted on the job. I texted the crisis hotline explaining to them I was having homicidal thoughts about killing my coworkers. The police arrived and took me in, I went willingly. When I was released from the hospital 72 hours later I... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, the situation you describe is complex and involves several legal considerations. Employers have a duty to maintain a safe workplace, and expressing homicidal thoughts about coworkers can be seen as a serious threat to workplace safety. This could potentially be a legitimate reason for... View More

1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

1 Answer | Asked in Employment Law for Florida on
Q: If I work in an office with set time and days am I contracter 1099?

I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.

James L. Arrasmith
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answered on Dec 5, 2023

In Florida, whether you are classified as an independent contractor (1099) or an employee (W-2) depends on various factors related to the nature of your work and your relationship with the employer. The primary distinction lies in the degree of control your employer has over your work. If your... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 4, 2023

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2023

The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are... View More

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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

James L. Arrasmith
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answered on Dec 4, 2023

Under Title 10, Section 246 of the United States Code, the unorganized militia is composed of individuals who are at least 17 years old and, except as provided in Section 313 of title 32, not more than 45 years old, and are citizens or have made a declaration of intent to become citizens. It... View More

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1 Answer | Asked in Family Law and Probate for Florida on
Q: My Father,Unmarried, passed away in Puerto Rico November 2023. His legal will was made in Puerto Rico by an Attorney.

HE was born in Puerto Rico. His will states ALL his Property & Assets are to be Equally divided to his 2 Biological Daughters (two different wives) & StepDaughter. He owns 2 Homes & Parcel of Land & no mortgage in Ceiba, Puerto Rico & 1Condo Property in Pompano Beach, Fl with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 4, 2023

I am very sorry for your loss on the passing of your father, please accept my condolences at this sad and difficult time for you and your family. Since your father owned property in both states, some version of probate will be required in both states. You will want a Florida Probate Attorney to... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2023

Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.

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2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 4, 2023

I agree with the previous attorney's answer. The only thing I would add is someone who is attending law school and has completed two years or has graduated successfully can practice law under what is known as the third-year practice or legal intern rule. They can practice law, including... View More

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1 Answer | Asked in Estate Planning for Florida on
Q: Does my mom need a lawyer from P.R. to find out if her deceased brother had a will or any assets, especially his house?

This is what she texted , saber que cantidad tiene en El banco yo Tengo Toda information del banco pero no me quiere dar information SI

no por abogado. La propiedad a nombre de quin esta y pasarla a nombre mia yo Tengo Toda information.

Anita Nguyen
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answered on Dec 3, 2023

Your mother can ask her deceased brother's relatives if the brother has an existing Will or Trust. If the family members refuse to share this information, it would be advisable for your mother to seek legal assistance. A lawyer can help verify the existence of a Will or Trust, determine if any... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own a unit in a cooperative in Florida. The bylaws expressly stated that you are permitted to smoke on the dock.

The dock in closed due to disrepair. There is a section of dock on the land side of a gate but still over the water. I say it's part of the dock. Is it? Shouldn't I be allowed to smoke there?

James L. Arrasmith
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answered on Dec 2, 2023

In determining whether the section of the dock on the land side is part of the dock for the purposes of smoking, it's important to refer to the specific language of the cooperative's bylaws and any other relevant governing documents. These documents may define what constitutes the... View More

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: A person who bought my car won’t give me info to fill out legal documentation. What do I do?

I recently sold my car, but it was my first time selling one and I wasn’t aware I was supposed to fill out a special form to confirm it has been sold. I thought I just had to fill out the title for the next person and that’s what I did. I have reached out to the purchaser to get their info, but... View More

James L. Arrasmith
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answered on Dec 2, 2023

In a situation like yours, it's important to take prompt action to protect yourself. First, document all your attempts to contact the buyer, including dates and methods of communication. This record can be useful if legal action becomes necessary.

Next, you should notify your local...
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1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I bought a home in Florida for my mom, I want to add her to the deed so her save our homes exemption is applied, can I?

This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More

Jacqueline Alicia Salcines
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answered on Dec 2, 2023

What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More

1 Answer | Asked in Personal Injury for Florida on
Q: Insurance investigation claim time frame

I had gotten injured from the ground collapsing while standing on walking path and went down in a hole about 3 ft. Its newly constructed city owed public marina. Filed report with city and they gave me a claim number to cover medical bills. The insurance started an investigation a few months ago... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2023

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... View More

1 Answer | Asked in Tax Law for Florida on
Q: 1099 form

I own a house and am selling it. I will only make around 100k from the sale. I lived in and have owned the house since 1987. However I did not live it in continuously over the last 5 years . Will I pay tax or am I exempt. Does the 2 out of 5 year rule only go back 5 years?

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, the key factor for tax exemption on your home sale is the IRS's "2 out of 5 year rule." This rule states that you must have lived in your house as your primary residence for at least two out of the five years immediately preceding the sale. It doesn't matter... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Incomplete PWD for the PERM

My employer got PWD approved, but we just noticed that they didn’t indicate their DBA name (doing business as) on the PWD form (ETA-9141). However the legal name and other info was indicated correctly.

They are about to start recruiting process, but I’m just worried that the fact that... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, the omission of the DBA (Doing Business As) name on the Prevailing Wage Determination (PWD) form (ETA-9141) might not be a significant issue, especially if the legal name and other details of the employer are correctly listed. The PWD primarily focuses on the job duties and the... View More

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