Florida Questions & Answers

Q: Could you lose custody if you let a minor fly without parental supervision?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Mar 28, 2017

No, it shouldn't be a problem.
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Q: When filing a will to County Clerk for Probate in FL, is it necessary to include copy of Death Certificat?

1 Answer | Asked in Probate for Florida on
Answered on Mar 28, 2017

The will can be filed for safe keeping prior to filing a petition for probate. Upon filing a petition for probate the death certificate does not have to filed for 60 days but is often filed at the same time as the petition for probate.
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Q: Do i have to file an income affadavit on a petition to establish paternity if i was never married to my childrens father

1 Answer | Asked in Family Law for Florida on
Answered on Mar 28, 2017

If child support is at issue, then both parties must file their financial affidavits regardless of the type of action that is at issue. It would truly serve your interests to consult with an attorney on the specifics of your case. Many attorneys do offer free initial consultations. All the best.
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Q: ABCD is a property owned as a joint tenancy. Owner A conveys his part to Owner B. A no longer owns anything

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

Second question first - the transfer changed the property ownership to tenants in common.

First question second - each party now has one-third unless there is contrary wording specifically changing that.

Here is a portion of the Title Note published by The Fund, a statewide underwriter:

B and C deeded the property to D. D conveyed to X. The question is whether the deed by

B and C to D without the joinder of D is sufficient.

A joint tenant without the...
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Q: what are the steps to take for a married person who live separated from his or her spouse to purchase a house?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

The simple procedure is to list the property as being purchased as separate non homestead property. (However, if it is to be your new homestead and you are legally still married, I strongly suggest that we speak with a family law attorney before you purchase the property). The legal steps to purchase a property do not always coincide with the way a divorce court looks at the transaction. If you can find a family law attorney who also handles real estate matters that would be best, but if not...
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Q: a civil cc debt case against me is now listed at "re-closed" in the state of FL. what does that mean?

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Answered on Mar 28, 2017

The status of a case as closed or open actually relates to an internal function with the clerks office. Thus a file can say closed or re closed and reopened later.
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Q: Monthly bankruptcy payment has increased. I make all payments per divorce decree. Am I alone responsible or is it shared

1 Answer | Asked in Bankruptcy for Florida on
Answered on Mar 28, 2017

By "bankruptcy payments", I assume you mean the payments provided for in your Chapter 13 plan.

If the divorce decree contemplated that these payments would change if either debtor's income increases, it would have so indicated.

But if the bankruptcy payments are not made, the bankruptcy will be dismissed and both of you will still owe the debts.
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Q: Can a property be held as both a joint tenancy and a tenancy in common at the same time? I was told this was possible

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

If he gave you his interest, which would be a jointly-owned life estate, coupled with a remainder interest contingent upon his surviving the joint tenant, you and the other joint tenant hold the life estate jointly.
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Q: Question regarding attorney fees and cost, Florida Small Claims. The case had two parts or counts.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Answered on Mar 28, 2017

If a judgment was rendered on any portion of the case. The law in Florida sets a time limit for the prevailing party to file a motion for prevailing party attorney's fees and costs. Thus if you did not do so I would say that the judge was correct to deny a request for fees made several months later. Further if you are not a licensed Florida you would not be entitled to attorney fees. You would have been entitled to costs is you are not a Florida attorney but there is a time limit to seek costs...
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Q: I was joint tenants with my dad and 2 siblings(4 owners) on a house. My dad gave me his ownership interest.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

You need a mortgage broker that understands the law - good luck on that.

A real estate attorney could write an attorney opinion and the mortgage broker should be able to accept that.
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Q: Can a realtor collect rental commission, without HOA approval?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 28, 2017

the realtors ability to collect rent is likely only governed by the rental contract. If rent is transfer to the home owner then the realtors commission on the rent is typically paid at the same time.
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Q: Did you have 30 days or 60 days to inform a tenant weather a least we'll be we renewed or not

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 28, 2017

Typically the lease agreement will reference the time period on a tenant electing to renew a lease or the landlord electing to not renew the lease. If the lease is silent typically the court will interpret it to be a reasonable time and there is not a hard and fast rule but it would likely be closer to 30 days.
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Q: my dad bought my wife a dog and my mother divorces him so he takes the dog as revenge, can we get it back?

1 Answer | Asked in Animal / Dog Law and Divorce for Florida on
Answered on Mar 28, 2017

The dog was an asset of the marriage. The divorce court should have determined ownership of the marital assets, including ownership of the dog.
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Q: How the custody & child support & custody worked in Florida? I want to go for fully custody when I establish residency

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Mar 28, 2017

You should talk to the child support enforcement agency in whichever state you are located (New York, I assume) about collecting child support. The agency may want to sue the father in your behalf. Should you move with the child to another state, and after the child has been in that state for at least six months, the courts of that state will have exclusive jurisdiction to determine custody, unless you have previously filed suit for custody in another state.
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Q: Hi :?is a probate court choose an Admin Ad Litem and will s/he ask the p's to submit their evidence/undue influence andw

1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Answered on Mar 28, 2017

The judge will probably make the appointment, but you could certainly ask to be involved in the process. The judge should enter an order providing how the administrator ad litem will be paid.
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Q: I cosigned on a car that someone else damage .can i file a small claim in court?

2 Answers | Asked in Car Accidents and Small Claims for Florida on
Answered on Mar 28, 2017

Yes. If the amount of damages are less than $5,0000.00. You will need to be able to prove that the other person did the damages and you will need the testimony of a body shop person to prove up the amount of damages.
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Q: MY ,MOTHER IS LEAVING HER HOUSE TO ME IN HER WILL. IF SHE GOES INTO A NURSING HOME, WILL THEY TAKE THE HOUSE FOR PAYMEN

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Answered on Mar 27, 2017

Elder Law or Medicaid Planning Law in Florida is a very specialized area. You should seek the advice of an elder law attorney to explain this issue to you in greater detail than I can explain here in this forum.

However, so long as you do not rent your mother's house to someone who is not an heir (not a child or a grandchild, for example) or so long as her will does not direct the PR to sell her homestead when she dies, then even though she is in a nursing home, she will be able to...
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Q: Husband died leaving $200 bank acc

1 Answer | Asked in Probate for Florida on
Answered on Mar 27, 2017

The only option I see here is if the heir could possibly qualify for a waiver of the filing fee. This is possible when the petitioner's income and assets meet the requirements for civil indigency status. The application for civil indigency status is available online with a google search or it is available from the clerk of court in your county.

Absent a filing fee waiver, the lowest filing fee for a probate matter is $241.00 which is the filing fee for (1) Disposition of Personal...
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Q: Can family members get access to an estate before an inventory of the assets is done?

1 Answer | Asked in Estate Planning for Florida on
Answered on Mar 27, 2017

Personal property of a decedent can be taken by family or anyone who can get physical access to the decedenta home or where the property is located. ie: jewelry, furniture ect.

Unfortunately all to often family can swarm in and take property that they are not entitled to. It does not make it legal.
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Q: My boyfriend keeps his daughter 70% of the time, could he get full custody?

1 Answer | Asked in Family Law for Florida on
Answered on Mar 27, 2017

If your boyfriend was not married to the mother at the time he had his daughter and there is presently no order regarding time-sharing, then he should pursue an action for paternity wherein time-sharing will be determined, among other matters. There is no full custody; one parent my have majority time-sharing. It appears that he has the status quo on his side for pursuing and being awarded majority time-sharing. It would truly serve your boyfriend's interests to consult with an attorney as to...
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