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1 Answer | Asked in Criminal Law for Florida on
Q: If I just hired my attorney and paid them in full then week later the state drops charges do they still keep my money

The state dropped on their own noticing that it would not hold up in trial no information

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 12, 2024

These types of situations do happen, but I would point out that it is often impossible to know that the State would have dropped the case without you retaining an attorney. There may have been discussions between counsel and the State or engaging an attorney may have made the State realize that... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Complicated probate

I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2024

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I bought a property in an older established neighborhood with a fence around it. I had a realtor. There is a main house

And a mother in law apt in back. Aka a converted garage. After we purchased the property we found out they had separated the property into two parcels and only sold us the front house. Now both parcels are non-compliant. What can we do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 11, 2024

You realized that you were only buying the front house but didn't know that that house was in violation? Review your paperwork to see if the seller warranted the property to not be in violation of code. You also may have a viable claim against your realtor.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mother's estate is currently in probate and my sister is trying to take over my share of the inheritance as well.

My mother died intestate leaving myself and my sister as the sole heirs. My sister,whom for the prior thirty years was estranged became the executer of her estate. She then somehow managed to get my mother's house retitled from my mother and deceased grandfather to now showing herself and my... View More

James Clifton
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James Clifton
answered on Sep 10, 2024

Given the situation you're describing, here are some key points to consider:

Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate...
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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Municipal Law for Florida on
Q: My neighbor moves his truck to block our landscape company from being able to enter the back & side yard.

When my neighbor moves his truck to his side of the front yard, the landscaping company is not able to use the correct equipment and get the work done in an efficient timeframe because they have to weed eat the side and back yard instead of their zero turn lawn mower? Do I have any rights here? He... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

Generally, as long as the neighbor's placement of something on his property is not intruding onto your property or disturbing the peaceful enjoyment of your property, there's no potential legal action. HOWEVER, does your local jurisdiction (county or city) allow placement of a truck in... View More

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: My wife and I are getting a divorce she's making me high a second mortgage that's for her in what I agreef to pay her.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2024

You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Criminal Law for Florida on
Q: Is a conflict attorney better than a state attorney?
Rod Caruco
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Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

If I understand your question correctly, I think you are asking if a regional conflict counsel is better than a public defender.

Generally, and attorney, office, or firm can have a conflict of interest representing multiple individuals in the same case. In criminal law, that means...
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1 Answer | Asked in Estate Planning for Florida on
Q: I think I might have been cheated out of an inheritance. How do I find out?

My father passed in April ‘22. I’ve never been sure about what his will said, but the family deal was that we split proceeds x6. I suspect my stepmom changed her will to cut out my brother and I, dad’s only true blood. Stepmom passed this year, and I haven’t heard anything from anyone.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 5, 2024

I am sorry for your loss and please accept my condolences for you and your family.

Generally, a family deal or promise or similar never works out, it has to be in the estate plan (Will/Trust/Pay on Death Designation or similar).

If there was a Will and probate with your Dad's...
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1 Answer | Asked in Probate for Florida on
Q: Stepbrother claims there is no will. I have a copy. He says, its not a will. Could the copy hold up in probate court?
James Clifton
PREMIUM
James Clifton
answered on Sep 5, 2024

A copy of a will may be valid in probate court, but it can face challenges. If the original will is lost or destroyed, the person presenting the copy must prove its contents and explain why the original is unavailable. This often requires testimony or affidavits from witnesses who saw the original... View More

1 Answer | Asked in Family Law for Florida on
Q: Who can I call to see my daughter legally
Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 4, 2024

The answer to your questions depends on the specific facts of your case. If there is a timesharing order in place, you must adhere to the terms of that order. If the opposing party is violating the order, you can file a motion for contempt in the same court where the order was issued. If no... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can you be arrested for throwing a cigarette on the ground

I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 3, 2024

I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What is the process for transferring property in Florida? Thank you.

I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.

i. Warranty Deed: Provides the highest level of protection,...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Do I have to give my sister this money?

We’re currently going through probate and she’s demanding that I hand over half of the money I got from my utilities deposit checks even though she wasn’t a member of this house hold. The first check was made out to me, and the second was made out to both me and our father. Please note that... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

You generally don't have to give your sister money from the utility deposit checks, especially if she wasn't part of the household. Since the first check was made out to you, it's yours. The second check, made out to you and your father, might be considered part of his estate, so it... View More

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