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Found 193 results

  1. I am executor of my mother's estate, there is something in it that I do not understand. What is the meaning of "without stirrups". Or "with stirrups"? I live in NY state, more m lives in Florida.
  2. Dad died years ago, Mom recently. If there is something I need to do, the time window is small. Section 732.402 Fla. Stat. 732.402 Exempt property.— (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (When it says “the children of the decedent” does that mean only minors? Because if it does, then the rest doesn't matter.) The exempt property is a house. My sister and I are the grown children. Mom left the house to my sister and her husband. The will says: ARTICLE VI Specific Bequest I give my homestead property to my daughter, ___ and my son-in-law,___ in equal shares, or to the survivor of the two if one has predeceased me. 732.402 (5) says: Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. I'm guessing that means, a specific bequest overrides the part about “the children of the decedent.” But something inside asks, “Is this a raw deal?”
  3. My daughters father and I currently share custody I get her 5 days he gets her 2 days because of his work schedule. A while back we got into a heated argument via text and I mentioned suicide. I felt like I was at a breaking point. All I did was go home and went to sleep. I never attempted it as a matter of fact when I got home I forgot about it. I take extra care of my daughter in terms of dr visits getting the proper nutrition she always cleaned and well groomed he hasn't done much for her by the way my question is can he used that text message I sent months ago about suicide against me and I lose custody of my daughter even though I have never attempted it?
  4. Hello, I recently applied on a company website thru indeed, online. The offered position is filling shelves wi the companies products. I have years of experience all the way up into management. I filled out all necessary questions and their assessment qiestionaire. " I also checked the box for my age, over 55. Also checked another , that I had a disability. The companies website kicks back their response; " sorry but I wasnt chosen as their preferred applicant " Is this a discrimination against me ? Thank you
  5. My daughter broke her lease as she did something stupid -drunk in a public place- and was arrested, spent 2 weeks in jail. I informed the landlord she would no longer be living there but was in jail. I called to get her deposit back and was assured they had no problem with that....until the manager became rude on the phone and yelled....WE HAVE 30 DAYS! So we waited and 2 days ago went back in for it, told we were not getting it back because we broke the lease. She states a letter of intent was sent out...seemed nervous about it though. Checked all the post offices and changed her address with the post office before it was sent out...post office has no idea about such certified letter. Called our local sheriff who stated they did not formally evict her from the home. The home was vacant last month which she legally owes for. This month they have a pending application on the home so this removes her responsibility. Can we legally get her security deposit back? Thank you very much.
  6. Is it possible to obtain guardianship for healthcare and other situations (not financial) on a minor child without terminating parental rights? My granddaughter is not receiving the healthcare she needs with her mother. She lives with me about 95% of the time but I don't want to fight my daughter for custody or cut her out of my granddaughter's life. I just want to be able to take her to the doctor or dentist when she needs to go. My daughter is not taking care of her health issues.
  7. My father died in Florida in 1999. His will named me as his personal representative - and also directed that all of his assets be distributed to a trust he had established. I was named as trustee of the trust. I recorded both the the will and the trust with the circuit court of the county a day or so after his death. Both documents are stamped and I kept the receipts from the clerk of courts for the filing fees. A lawyer I consulted at the time said nothing had to be probated as all assets were distributed directly to the trust. Flash forward to 2017 - several family members were notified by a company to inform us they had discovered some unclaimed funds of my deceased father's being held by the state of Florida. This company offered their assistance in recovering these assets - for a hefty fee. Unfortunately a few family members signed Limited Powers of Attorney and Full Disclosure Statements provided by this company. I went onto Florida's unclaimed property website and saw that recovering the property ourselves - without paying the hefty fees of the company - is a very easy process so I notified the company representative that I planned to file the claim myself and do not need his assistance. In that correspondence, I also indicated that the distribution of the assets that this company had presented was not in line with what had been outlined by the will or trust. The company said they were under the impression there was no will. Just today I received a certified letter from an attorney retained by the company requesting a copy of the will. It goes on to state that if there is a will and I am the custodian than I have a legal obligation to provide them with a copy of it. This is being driven by the company who wants their fee - not by my family members who regret that they signed the documents with the company. They would prefer that I recover the assets. My understanding is that since we did not have to go through probate, the will is not part of public record (even though I recorded it with the county clerk of courts) and therefore I do not have to provide them with a copy of the will. Is that correct? Also, I saw on the Florida website that if multiple claims are filed, they will recognize the first complete claim they receive. I assume that because this company will never get a power of attorney from me, and I will never sign the statement of full disclosure (which allows them to charge fees higher than what would normally be permitted) they will not be able to file a complete claim. I am a the personal representative, trustee, and a beneficiary so I do not think they could move forward without my cooperation. Is that correct? Many thanks for any and all advice.
  8. I need a pro bono for my son he needs help we going go trial in May!! Please help me!! Its a criminal case!!
  9. Terminated from private owner (under 15). She is also has some "federal contracts", does this federal entitlement subject them to strickter guidelines under ADA or Title V11 ?
  10. I am on felony Probation and the Probation officers are harassing me constantly. Today they told me if I did not find a person they are looking for that they will return to arrest me . The reason they say is because another officer saw me driving someone to court in December or January. Neither one of those months are true! I never drove anyone anywhere. What are my Rights? This seems like extortion to me.
  11. My mother passed away 24 years ago. In December I went to the cemetery to place flowers for Christmas and her headstone was gone. I went to the office and was told that my father had a unpaid balance from 1993. They never sent a bill, certified notice, or called and all the information on file was correct. I was told by an employee certified mail didn't exist in 1993 and that my fathers plot was sold due to the unpaid balance. We then were made to buy a new headstone. I was told the original that had been there 23 years had been placed in storage because it was a double marker and it had to be a single marker. We were not notified before the headstone was removed. I was told I could take the original as it belonged to us. That it was marble and bronze and I could scrap it. The new 1800.00 marker was installed 2 months later. The new marker had the wrong birth date on it. It also was in the wrong spot. When I told the same office person she responded with maybe your mother would enjoy being 2 years younger. Maybe if she was here she might but she isn't here to speak for herself. I was then told I would have to purchase a whole new headstone so that would be 3600.00 in 2 months for headstones. When I explained I was not buying a 3rd marker for their mistake as they should have checked records and had someone verify the dates as my father who is going through chemo for prostate cancer and is very ill ordered and signed for the order to be placed. They called back later that day to say they would fix it at no charge. So I go to the cemetery to see the new headstone that conveniently came in 2 weeks and it's in the wrong spot. So I call the office and inform them the new stone is not where it should be. They get their map out and it seems the original and 2nd marker were both placed in the wrong spot. For 24 years we were visiting a empty plot. The operation manager with a chip on his shoulders basically tells me in such a sarcastic pissy tone that everything should be fine now that they ate the costs for the new stone and after this man treating me horribly for 20 minutes I looked at him and said had you sent a bill or certified letter that employee claimed didn't exist in 1993, 24 years ago I wouldn't be out 1800.00 for a new stone. Or had you not put the wrong Birthday on the 2nd one you wouldn't be out that money now would you? And further more no things are not fixed. It's destroyed our family, the stress and grief is insurmountable. I feel like I've lost my mother all over again. My father can't be buried next to her because you sold a plot that was already sold without notifying the family. You then made 5-10 times more off that plot than we paid for it and your response of we could always dig her up and move her to another plot but we would have to pay for two new plots. This whole ordeal has sent my anxiety through the roof. I feel as though I lost my mother all over again and these people we paid good money to act like she was just a inconvenience to them. I have lost weight due constant nausea and vomiting from dealing with the cemetery people. I don't sleep, I have been having horrible nightmares. It's triggered my ptsd and nothing has been helping. She died tragically and I witnessed it at 6 yrs old. Can a cemetery sell a plot without sending a bill for 23 years? My father and grandfather both swear it was paid in full yet my father can't find the original paperwork. His mind isn't right due to chemo and being so ill. We haven't had luck locating it. Can I sue the cemetery for double selling a plot? Can anything be done about them removing her headstone without contacting us leaving her in a unmarked grave for several months? Who would I file a complaint with? Can we ask for pain and suffering?
  12. In October, 2016, my husband started to back out of a parking space at a local supermarket. Barely moving, he tapped the driver side door of another vehicle looking for a space. We both stopped our vehicles, other driver jumps out of shouting "You hit my car". While she is calling police, we take pictures of her car and only find minor scratches. Police takes report, ask if we need an ambulance and we both say no. Get copy of police report so we can notify our insurance company and note that she told police she has a current auto accident claim pending. Have no idea why she would say that. Anyway, long story short, we get letter from her lawyer for personal injury. Provide info requested and do not hear anything for over 4 months, until the other day. Our insurance company send us a letter saying they are paying the other driver's lawyer $100,000 (our insurance limit) !!! Also enclosed was her lawyer's letter outlining surgery she had for cervical fusion totalling $112,000 , not including the hospital bill. Lawyers DEMANDED $100,00 or else.. My insurance just paid it without even consulting us. Finally spoke to our insurance who said they never sent a claims adjuster or had any contact with her lawyer all these months but they made decision just to pay. They will be sending us a waiver release form to cover us. Something is seriously wrong here...don't know who or which agency to contact to report what I believe is fraud. Anyone with recommendations or suggestions would be greatly appreciated. This is just not right. This affects everyone with insurance. Thank you.
  13. Looking for guidance as to where to locate documentation and case law to support the addition of in-kind/barter income to parties child support calculation.
  14. Does my printer have the right to rectify a printing job due to poor print quality before providing a refund?
  15. I'm just going to tell you guys what happened and let you tell me what you think. It was october 20,2015 and I took my grandfather to get blood work. As a good grandson I agreed to always help in anyway I can to help my grandparents if they need it. My uncle asked me to take grandpa to get blood work and I agreed. I took him to get blood work. I noticed the phlebotomist wasn't washing her hands in between patients. I told my grandfather and told him I would say something if she didn't wash her hands. I did say something but that was after allowing my grandfather to be seen by this lady and she never washed her hands. If grandpa gets sick or even dies from some kind of disease because of this event, am I criminally liable for letting it happen?
  16. In 2010 I was granted a divorce from my ex wife. We came to a marital settlement agreement, and she was to keep the marital home. My attorney informed that if I quitclaim deeded the home to her that I would be held harmless and free and clear of any future legal claims or financial responsibility related to the home, so I quitclaim deeded the house to her. I later found out that his advice was incorrect and that the mortgage we signed when we purchased the home was still binding on me. at one time she was not paying the mortgage in a timely manner and it was adversely affecting my credit.. Of late she is all caught upon the payments. I've been trying to purchase a a home with my new wife and can't get a loan because the prior mortgage keeps showing up. I later found that my attorney should have added a clause for my ex to have the home refinanced in her own name. I also found out that she got a loan modification on the home which I believe should have required my signature if I was on the original loan. How can I get my name legally removed from this mortgage, and move on with my life?
  17. I was helping out my grandfather and took him to get bloodwork one day. We got into an argument there and I absolutely was pissed. The lady who took his blood didn't wash her hands or change gloves before seeing my grandfather. She had handled blood samples and urine before him. Instead of asking her to wash her hands like I should have. I decided to let it go because I wanted him to get a disease and die. I didn't know of any disease that could have been present but that's what was in my mind. I truly regret this. Was this a criminal act on my part?
  18. My father was dismissed by his pain management doctor after having a false negative on a urine analysis. Now, other doctors are refusing to take him on as a patient because of the UA report on his medical records. However, he has proof that he actually took his medication as directed, which would invalidate the UA, but his original doctor refuses to allow to him to even request an amendment to his records. His condition is chronic and debilitating, so it's imperative that he resolves this as soon as possible. How can he do that?
  19. On February 6 2017 i was hit by a truck tearing off the front left side of car, as I'm trying to get out the main highway i see the other driver pull off and leave the scene i proceded to chase down the car(not a good choice but i wasnt letting that go) i caught up to the truck and confronted the driver as it was a older man. The guy proceeds to tell me he has no license and hes not on insurance and that he will pay me off i told the guy he was crazy im in a lease car i have to call the police and let my insurance know i got my phone to snap the photo when i snapped a picture of his tag as he got in the truck and left the scene i then called the police gave them the tags etc etc and i later discorver the insurer of the truck being his wife apparaently hes not on the insurance they then proceed to tell me that the owner of the vehicle said that she was in orlando the whole week and nonone had access to her truck and theirs no (fresh damages mind you its a 2004 ford f150) and her isnurance denied my insurance claim as i have to get almost 3k worth of damages fixed on my car as well as 1k for out of pocket expenses. my argument to the orlando story was if no one had keys to the truck how did i get a picture of that tag that day with the location of where the picture was taken. can someone help? my insurance said we have to sue them now. what does the case look like im only 20 and scared to death i just want my money back and for at fault to admit what they did
  20. So, My 15 year old sister was picked up off her feet and thrown to the ground, head first, by her ex boyfriend. She hit him first because he kept harassing her but she did not cause any harm to this person. That hit gave her a hospital stay and internal bleeding. She says she doesn't want to file charges because she hit first and will get in trouble. This person is 16, and I read if she is under 16 and since she got hurt and he intentionally threw her on the ground. I included the video. What can he charge him with? Is there a guarantee she won't get in trouble? Thanks in advance. XPDT0107.MOV
  21. I'm hoping you can help. I was in a car accident on January 31.I was not hurt in the accident but my car has damages and can not be used. The fault was given to the other driver since he made a left turn from the right lane while I was in the left lane. The driver of the vehicle was driving a rental. It's been 4 weeks and every time I've contacted the adjuster about the claim his response has been that he can't give any information. I rely on my car for work and I've had to miss a couple days of work due to this accident. Is there anything I can do to get this resolved? Do I have a case?
  22. I was legally married in the Turks and Caicos in December 2012. Upon returning to the U.S., we never filed the paperwork in the state of Florida for financial reasons. I was carrying a lot of financial debt, including school loans, and did not want to burden our financial situation when trying to buy a house, etc.. It is my understanding that we are recognized as being legally married here in the states, but I have now been asked for a divorce. Do I have any legal standing or entitlement to half of any property, belongings, or income, even if we did not "register" in Florida, or have my name on the mortgage, bank accounts, etc.?
  23. My mother-in-law is 75 years old and lived in Florida up until 1 year ago. At that point she was diagnosed with terminal cancer and needed to move back home to Massachusetts for treatment. She had a loan on a vehicle with an outstanding balance of approximately $18,000. The bank repossessed the vehicle a year ago when she moved. She is now getting a statement from the bank saying she owes $8,000 for the remaining balance on the vehicle. She has no assets, house, car, etc. Her only income is $382 a month from a pension and $2,032 from Social Security. Her only other asset is a IRA with about $14,000 in it, which supplements her monthly income. Is there any action the Creditor can take to recover this $8,000 from her? What reply should we give the Creditor regarding these demands for $8,000? Thanks.
  24. Hello, I just received notice from my landlord (a property management company) yesterday, that my house is going to be sold. I signed a 3 year lease in October of 2016 that does not expire until September of 2019. I have been living in the property for 9 years now, and my original landlord sold my property (which was 1 of 5) to the current property management company. My then lease was taken over by the management company and after my assumed lease with them ended, I signed a new one year lease. After the year lease ended, with the next renewal I signed a 3 year lease. After reviewing my lease, there is no "exit clause" for the management company or me regarding the sale of the house. The options I received with the notice were: A. To buy the home B. To transfer to another one of their properties and receive a $500 credit However, after doing some internet research I believe that I am within my rights to have the full term of my lease carried out within the property. When I called to speak to someone from the company, they confirmed that yes, the property was going through the sale process and that while I can try to stay for the term of my lease, the new owner is not bound by the lease and I would have no legal recourse with the new owner or the property management company if I were to be evicted. Just a little background, I am not in a financial position to up and move to another property, I am not interested in buying the house, and the properties that they have available (they only have 3) are in bad neighborhoods. While on the phone with the rep, I also brought up another option - for them to buy me out of my lease for $5,000 which would cover the cost of having to move to another property; but she was unsure of the protocol for that. Also, at this point, I am leery of moving to one of their properties because this same thing may happen to me again. Please help as I cannot find truth to the claims made by the management company - and I believe they are attempting to violate my rights as a tenant. A couple questions, is the management company legally bound to present the fact that there is a tenant in place with a signed 3 year lease to the potential buyer? And how can I find out the information regarding the sale to assure that I have been represented/included? Any and all help is truly appreciated!