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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can I go to the gun shop with my son?

We don't live together, he just wants my insight on what gun he should get

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 18, 2024

There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I am getting divorced and my ex started a business with a partner in 2020.

I joined the business and worked for over a year. When my husband wanted a divorce, he told me not to come back to work. Am I entitled to a portion of the business? He left me destitute with no job.

Pamela J. Fero
Pamela J. Fero
answered on Aug 13, 2024

Generally, any asset acquired or enhanced during the marriage, including businesses, is considered marital property. The business you and your husband started or worked for during the marriage is likely considered a marital asset if it was started or significantly grown during the marriage. The... View More

2 Answers | Asked in Products Liability for Florida on
Q: I was injured due to a beach wagon handle weld coming apart. Broke both wrists & tore my left tendon to my thumb.

No one wants my case why? I am really damaged, out of work & long way off from recovering.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2024

It's difficult to guess what the thoughts of the attorneys who declined your case were. I'm sorry for your serious injuries. A general guess might be that they did not see it as a product liability matter, but as a failed weld. But that's only a general guess, and might not be the... View More

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2 Answers | Asked in Contracts and Banking for Florida on
Q: I have received threatening emails from "debt collectors" for loans I have no record of taking out

These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2024

You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More

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2 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: hello, i am co-owner of a home and piece of property in Citrus county. Can the co sell w/o my ok?

this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 6, 2024

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More

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2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: Owner of property died in 2021. He left me a gift letter for the "value if the house". There is a mortgage and + equity

No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property

No appraisal since 8 years ago.

I have been caretaking the property for the last 3 years.

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

A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: How come my case is not important? Hygienist caused me severe pain which in turn caused 3-day Hospital stay.

To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2024

If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a condo with my cousin, the deed was in both our names, that were signed and notarized, and copies being

given during closing. The title company, removed my name and filed the 1st page without my name, using the original 2nd page that was signed and notarized.

Anthony M. Avery
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answered on Aug 6, 2024

Hire a FL attorney to sue for Reforming A Deed now. Hopefully you have a copy of the original correct deed prior to it being recorded fraudulently. It is possible it was a title co. mistake, but in any case, hire a lawyer to search the title and file suit while representing you.

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1 Answer | Asked in Business Law for Florida on
Q: Can a person be an employee and their business be a consultant for the same business simultaneously?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Aug 6, 2024

Unless there is any language in your employment contract that would prohibit this, then there should not be any problem. Your employer is free to both hire and contract for your services if it wishes, although I would assume that the employer knows that you are the principal of the contractor.

1 Answer | Asked in Car Accidents for Florida on
Q: I was involved in an accident with a golf cart and a vehicle on private resident road, 55+ gated community.

Sheriff arrived on site and did an information exchange and suggest we get our own vehicles repaired and seek medical in needed. I now have received an attorney letter asking for my insurance, which I don’t have on golf cart. The other driver and myself agreed to be free of injury. How do I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 6, 2024

Homeowners insurance generally covers accidents caused by your negligence involving ATV vehicles if the accident happened on your property or on a golf course. Forward the attorney your home insurance policy. If the policy doesn’t cover this because it occurred off your property, it’s 99... View More

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I am on long-term disability through my employer. The company that manages the benefits is UNUM.

I am trying to understand if UNUM has the power to interpret the terms of the policy freely. Specifically, if a glossary term is defined in the policy, do they have the power to interpret that term how they want to determine eligibility.

The policy certificate states the the benefits are... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An attorney who has experience with ERISA plans could probably advise you best here, but your question remains open for two weeks. As a general matter in insurance practice, the underwriters and claims departments do have the power to interpret the terms of a policy, as do attorneys who represent... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If a personal representative is removed by the court, does the estate attorney get removed as well?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

Generally, an "estate attorney" represents the personal representative. So, if the PR has been removed, the attorney's client is no longer a party to the case, assuming the former PR is not also an heir. If that assumption is incorrect, the attorney would still represent the former PR.

1 Answer | Asked in Family Law for Florida on
Q: If an adult follows me home and in a minor and then they proceed to record me without my shirt on can i sue?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

No. A civil case (when one person sues another person) generally requires money damages. It doesn't appear that you have suffered any damages.

And such a fact scenario doesn't suggest that a crime has been committed either, assuming you took your own shirt off.

1 Answer | Asked in Car Accidents for Florida on
Q: What is the extra interest fee the accident attorney charges after charging their contingency fee?

On the closing statement the contingency fee was charged and there are extra fees being charged, along with the court fees, there is a miscellaneous fee and a interest fee

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2024

You need to review the contract you signed with your attorney and discuss this with your attorney. If after discussing this with your attorney you are not satisfied with the answer then you can seek a 2nd opinion and see what, f anything, you can do.

2 Answers | Asked in Car Accidents for Florida on
Q: Can you be forced to keep your totaled car for evidence?

It has been over a month, we are at fault and it was a straight forward right of way accident. Our insurance company told us over the phone but we never received anything in writing, she said it is the law firm that was hired by the other driver that requested it. The car sits in our driveway and... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

Ask your carrier to move things along in their discussions with the other side's attorney in enabling you to have the car removed. A month is more than enough time for the other side to examine the car for evidence in a straightforward BI case. The other side should have arranged for a... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: Can you be forced to keep your totaled car for evidence?

It has been over a month, we are at fault and it was a straight forward right of way accident. Our insurance company told us over the phone but we never received anything in writing, she said it is the law firm that was hired by the other driver that requested it. The car sits in our driveway and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2024

Contact your liability insurance carrier and advise them of the situation. They probably have the obligation to retain an attorney to defend you, so when they do so your attorney should address the issue.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

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