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1 Answer | Asked in Criminal Law and Personal Injury for Florida on
Q: Police reviewing camera footage after roommate dispute involving removed broken glass near car tire.

I have been having issues with my roommate and, in a moment of poor judgment, placed broken glass near her car tire. I later removed the glass and disposed of it after realizing my mistake. My roommate saw me and called the police. The police came, and I told them I just dropped the glass while... View More

Charles M.  Baron
Charles M. Baron
answered on May 22, 2025

Lying to the police was another moment of poor judgment. You have the right to remain silent (other than identify yourself) when questioned by police about anything that could potentially lead to a criminal charge. You now may potentially be arrested (or be given a notice to appear in court) and... View More

3 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I resolve deed discrepancies and transfer property after inheriting from deceased relatives in Florida?

My aunt passed away in 2018, and my mother, who passed away in 2022, was supposed to be the owner of a house originally dated to her by my aunt. However, there were discrepancies in the deed missing the lot numbers, which caused the property to revert back to my aunt’s name. The deed from my... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 23, 2025

You may be required to pursue probates, If a deed transfer is invalid for any reason it could result in a defective title and lead to questionable or unclear ownership and the property cannot be sold or insured and getting title insurance will be problematic. The result of this is that the... View More

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2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Seeking pro bono attorney to help dissolve inactive HOA in Sanford, FL due to city repair issues.

I discovered around two years ago that our HOA was inactive, having last met 14 years ago. This has resulted in the city refusing to carry out necessary street repairs, including fixing a potential sinkhole, due to the HOA's default status. As a long-time resident since 1995, I am not a board... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 21, 2025

Dissolving an association doesn't terminate the restrictive covenants or solve problems with the city or county. The restrictive covenants have a provision on how to terminate them and it requires at least a majority of the lot (or lot owners potentially) and probably their mortgage companies... View More

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1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Can husband's rights override stepson's power of attorney in FL?

I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 21, 2025

I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Could Snapchat pictures be used in Florida divorce court?

I exchanged mutual pictures with a married woman over Snapchat, and we have never met in person. Now, her husband is planning to file for divorce. Could my pictures be brought up in court as part of the divorce proceedings, even if they weren’t saved?

Rand Scott Lieber
Rand Scott Lieber
answered on May 21, 2025

Infidelity is not an issue in Florida divorces. Only if she spent money on you will the relationship be an issue. There is no reason for the court to consider the pictures. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Estate Planning for Florida on
Q: Where to find a free Durable Power of Attorney document in Florida covering financial, healthcare, and personal matters?

I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 21, 2025

Florida went through a lot of changes in recent years and a lot of what you will find online is unreliable and inaccurate, or it will be from another state and Florida financial institutions and other entities will simply reject them and not accept them, so you have to be cautious. Most estate... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for a green card while on a visitor visa in Florida? How long is the adjustment process?

I'm currently in the United States on a visitor visa with an expiration date in 2028 and have been here for two months. My husband, a naturalized citizen, recently moved back to the US, and I accompanied him. He works as a carpenter. I have no previous immigration issues and am considering... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 21, 2025

A foreign national who lawfully enters the United States may later seek to adjust their status through sponsorship by a U.S. citizen spouse. However, the issue of intent at the time of entry can become a critical factor. If an individual misrepresented their purpose upon entry—concealing an... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do we have a case for medical negligence after misdiagnosis from ER?

I took my brother to the ER with a swollen, painful foot, and after waiting 3 hours, the doctor spent only about 30 seconds with him and didn't examine his foot. There was no diagnosis given at that time. After three different rounds of antibiotics from our primary care doctor, with no... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Whether any medical professional fell below the professional standards of care (that is, committed malpractice) is an issue that must first be reviewed by a physician in collaboration with a medical malpractice attorney, upon obtaining the medical records. Your brother's first step is to pick... View More

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Florida on
Q: Can I expedite my divorce process being pregnant with another person's child in Florida?

I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

Kunal Mirchandani
Kunal Mirchandani
answered on May 20, 2025

Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.

In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and...
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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Am I obligated to continue child support if my daughter re-enrolls in school at 21?

I have been paying child support for my daughter for 21 years. According to the agreement, I am obligated to pay until she turns 21 unless she is enrolled in school. She previously flunked out of college, but just before the last payment, my ex informed me that she re-enrolled in school and is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 20, 2025

You need to read carefully the court order on child support. If the child was 21 and not in school then you can probably stop paying. Let the other parent take you to court and prove that you do still owe child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Adoption, Gov & Administrative Law and Family Law for Florida on
Q: How to update my adopted niece's birth certificate with her new name?

I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: What rights do I have to regain custody of my daughter?

I am my daughter's biological mother, and her stepdad had temporary custody. Recently, her biological father, who has been absent for the past 5 years, obtained a court order and took her from her stepdad's home unexpectedly. There is no existing court order involving custody between her... View More

Veronica LaVerne Robinson
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answered on May 19, 2025

Good day,

Your rights to get back your daughter depends upon the type of court that gave an order to the stepfather and the type of court that the gave an order to the biological father. For instance, if DCF is involved or if it is family court. You may need to join the cases so that there...
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1 Answer | Asked in Civil Rights, Employment Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Legal steps for church governance violations, threats, and retaliation.

I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 19, 2025

There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law;... View More

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Is probate required in FL if spouse dies with trust and will?

Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 18, 2025

I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Is asking for an ADA accommodation enough to meet the standard under federal and state law in employment?

I requested specific accommodations under the ADA, specifically asking for meeting notes due to my ADHD and ASD conditions. My employer refused, citing privacy concerns, and claimed they are not subject to federal or state laws. I have supporting documentation, but they did not ask for it. Is... View More

Carmen "Jack" Giordano
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answered on May 18, 2025

We are located in New York, but here are a few things to consider under federal law. You say that your employer claims that the federal ADA and State law do not apply to them. Note generally speaking, once you make an accommodation request, your employer:

      •   Must engage in...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I take my child home with me after hospital stay or does she need to spend the night with her father?

I am the primary caregiver for my child and have been with her during a two-week hospital stay for her surgery. I signed all the necessary paperwork and stayed overnight, taking time off work. Our custody agreement states she lives with me, attends school in my town, and visits her father three... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2025

These are the types of issues that the court expects you to work out directly with the other parent. Legally you are supposed to follow the parenting plan. Both parents are expected to do what is best for the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Is it legal for a Florida HOA to fund a loss-making fitness program and charge extra fees for access?

I am a member of the Florida Cascades of Groveland HOA community, governed by 2005 FL720 with Kaufman Language. Our HOA offers a fitness program that is operating at a financial loss. I believe this program operates as a commercial enterprise and should not be funded by my monthly assessments.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 17, 2025

A lawyer couldn't possibly answer that question without reading your Declaration of Covenants, Conditions, and Restrictions, the Articles of Incorporation and the Bylaws as well as any amendments to these documents. It all depends on the authority the association has, the definitions and any... View More

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Is a handwritten will in Florida sufficient for property transfer to a sole beneficiary?

I have a handwritten will in the state of Florida that bequeaths my car and house to my daughter. It is signed by me and two witnesses, with an executor named. There have been no disputes, and my daughter is the sole beneficiary. Is this will considered legally sufficient to proceed with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 16, 2025

Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More

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3 Answers | Asked in Personal Injury, Contracts and Legal Malpractice for Florida on
Q: Clarification on personal injury settlement check timeline

I signed my personal injury settlement release on April 17, 2025, and was initially informed by my attorney via text message that the check would be sent within 20 days. Upon following up with my attorney for an update, I was then informed that they actually have 20 business days to respond, which... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

Once a case settles, an insurance company typically has 30 days to issue a check to the plaintiffs counsel, but in this case, they are delivering it earlier. However, if there are medical liens or bills that must be negotiated and paid from the settlement proceeds, the process can take much longer... View More

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3 Answers | Asked in Collections and Probate for Florida on
Q: Can a collector pursue me for deceased husband's credit card debt after 2 years?

I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 15, 2025

No, they can't file suit against you, they would have to sue your late husband's estate. If there is no probate case, in theory they could open one and seek to sell his assets if any, but that is unlikely.

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