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Florida Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: Can one owner of a jointly-owned property ask a judge to force a sale due to code enforcement fines that can't be paid?

My friend does not want to file a partition suit against her brother, but she and her two brothers are unable to maintain the properties. On two of the jointly-owned properties, there are homes that are unlivable. They are being charged $100 a day by code enforcement. She and one brother want to... View More

Fernando A. Prego
Fernando A. Prego
answered on Jan 7, 2025

The siblings can file a partition action for the sale of the property, but the sale will not eliminate liens, violations, or encumbrances. A forced sale of the properties via partition would likely result in the satisfaction of the code enforcement fines, as the proceeds from the sale would be... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My boyfriend was released and put on drug court came home and violated with a misdemeanor

That charge was dismissed & now he has a court date Monday to be re evaluated for drug court , will he get out that day if he agrees to do drug court again ?

Robert Edward Heyman
Robert Edward Heyman
answered on Jan 6, 2025

Being charged with a new misdemeanor charge immediately after being accepted into a drug diversion program presents real problems for your boyfriend apparently of his own doing. More than likely his bond will be revoked for the original case and he may be removed from the diversion program.... View More

1 Answer | Asked in Family Law and Civil Litigation for Florida on
Q: Can I move out of state with my open DCF case?

My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2025

The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More

2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Florida. special needs trust signed in 1990 I have never been evaluated by Social Security or certified DISALED?

Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 6, 2025

You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Erik A. Perez
Erik A. Perez
answered on Jan 3, 2025

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Florida on
Q: The house and property I have lived in for15 years has 3 years delinquent taxes. It's in my dad's name and he paid taxes

Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 2, 2025

It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More

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1 Answer | Asked in Divorce for Florida on
Q: I have a car in both my name and my wifes name. If i sell this Vehicle are there any Issues? its her main transportatio.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2025

You don’t say if there is a pending divorce case. Legally the car belongs to both of you. In fact, you may need both signatures to sell the car. You should speak with a local family lawyer for more specific advice.

2 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for Florida on
Q: My arm entirely bruised after heart catheterization last week. Not small bruise and bump like their brochure says.

I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More

Linda Liang
Linda Liang
answered on Jan 2, 2025

Everyone's body is different. You may have an abnormal reaction. It does not mean the doctor should have done something to avoid it. The sole abnormal bruise is not proof of a doctor's negligence.

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2 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for Florida on
Q: My arm entirely bruised after heart catheterization last week. Not small bruise and bump like their brochure says.

I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2025

See another physician to find out if the condition is serious. If it is, you need treatment, and you sue, the other physician might be a good expert witness. If you seek treatment, and you are covered by insurance, the insurance carrier may also help with an attorney.

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 31, 2024

It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Phillip William Gunthert
Phillip William Gunthert
answered on Jan 1, 2025

Probably not, a review of the Power of Attorney would be required and an understanding of what you are doing and why, any actions as the agent of a Power of Attorney must be for the benefit of the person who gave you the Power of Attorney generally speaking, unless there is something in the POA... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2025

The will can only be executed by the testator (person who is leaving his or her property by will) or executed by another person in the presence of the testator and pursuant to his or her direction. So, unless it can be proven that the testator was present and told the person signing to do so, the... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Hi my boyfriend was in drug court in Florida and ended up getting a battery charge

He was in drug court and has spent over 30 days in jail , the victim in the case, signed a waiver prosecution and spoke to the state attorney’s office and was told that this charges are gonna get dropped because it was an accident and our friend ended up calling the police just being on the phone... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2024

From what you indicate, the state attorney's office has agreed to reduce or dismiss the charges. The new court date is to present the plea agreement to the judge and, if the judge agrees, have him released.

2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Hi, Can my boyfriend take my kids away from me? As he has a job and I dont?

He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2024

In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Nolegal child custody established. Child lives with father full time and ex lives in canada. Need travel consent w/o ex

Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 27, 2024

If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How do you receive a copy of your deceased parents will and trust?

My sister will not execute our parents will.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 27, 2024

If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk.... View More

2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Neighbor has a fence with a gate that allows him to enter our property. Needing advice about this. Many thanks.

Neighbor enters our property without permission. A few weeks ago he was on our property with a roof repair contractor who went up on our roof without our knowledge or consent. Do we have a right to ask neighbor to put a lock on the gate because we don't want anyone entering our property... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 24, 2024

First, entering your property through your private back yard without consent is the crime of trespass, for which you can contact the police. Perhaps the police would at least have a talk with the neighbor to warn him to not do it again or else. Otherwise, you can hire an attorney to send a cease... View More

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