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 
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
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
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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
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
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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
I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.
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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
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
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
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?
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
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?
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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
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
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
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.
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
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.
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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
I have not told them to stop, nor have I blocked them or reported it to instagram yet
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
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?
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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
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
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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... View More
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"?
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... View More
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
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
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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
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
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
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?
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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
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
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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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