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Found 272 results

  1. A friend & business owner is undergoing cancer treatments. Can her friends pitch in and work in her Florida business without pay when she is unable to work?
  2. Florida statute 736.207 states that a trust may be contested when it becomes irrevocable, either by the death of the testator, or by its own terms. Who has standing to sue (or contest) an irrevocable trust, a.) while the testator lives, or b.) after the testator dies?
  3. My Podiatrist Doctor diagnosed me with severe peripheral neuropathy this last week and wrote a Note: 4 weeks I can't work in my Maintenance/Janitoral Job. I'm going to pain specialist next. I have a limp now. My legs below both knees stay numb or partially numb all day now, and I have tingling and throbbing pain if I put pressure on my feet. I've fallen 3 times in last month or so b/c of my limp and moving to fast such that my left foot especially is numb and can't keep up because I can't control it. What should I do? I need to go to work tomorrow for financial reasons....notwithstanding my conditon and the Note/4 weeks. Is this a valid Florida Workers Comp Claim? Should I send my Employer an email notifying them of my Doctor Note? and go into work anyway?
  4. Following the death of my parents earlier this year, my daughter and I inherited an equal share in their home. Days prior to their death, they each asked me to allow my sister and my nephew to live in the home, provided that they met certain conditions. They did not consult my daughter about this nor did they stipulate this in their will. Since their passing, my daughter is wanting them to leave the home and is threatening to have them evicted if her demands are not met. She stated that she would remove her name from the property provided that she was paid half of the house's worth. Unfortunately, I do not currently have the funds to pay her, and she has refused my sister's offer of paying her the amount once my sister's property has been sold. My daughter is seeing an attorney next week to begin the eviction process and I need to consult an attorney but I am uncertain if as to the specific field of law that I should contact. Could someone please advise me as to what type of attorney that I need to consult to gain some insight into this situation and hopefully have it resolved. Thanking you in advance.
  5. While delivering mail on my route, that i been delivering mail to for years, I fell and injured my back. I have been on workers comp for this injury going on 8 months now. I have had physical therapy and steroid injections. Neither has helped and I am now considering back surgery. The fall was due to a small rock garden that is on each side of the walk way. I lost my footing due to a single rock on the pathway. I contacted a lawyer and he notified the business in which I fell on. They stated that I tripped over my own two feet. That according to a witness that happen to come out and help me get back on my feet. Their insurance company refused any negligence. My lawyer is waiting to file suit until I have surgery. This witness was a store employee, I'm not sure if I will be able to resume my career as a letter carrier due to this injury, as they have me on modified duty working only 2 hours a day. Do I stand a chance of receiving compensation.
  6. My ex-spouse has recently attempted Suicide in front of my child. She is currently in the hospital and the Deputy on the scene stated she would be Baker Acted once she is cleared medically. We currently have Joint Custody, I am going to seek full custody and file a 100% Emergency Custody order. What are the odds of obtaining full custody of my child?
  7. My wife and I entered into a divorce judgment/agreement in a Florida family court . We agreed in part for her to buy my interest in properties we both own as joint tenant. She was to have a six month grace period to obtain loans to buy me out. The agreement also states that if I am not bought out in the six months period she is to pay me $2000 dollars a month in interest . The six months have passed and to date 15 more months have passed and she still hasn't made any payments. My name is still on all of the deeds and there are no liens on the properties that I know of. We are the parents of a 20 years old daughter. I realize I have to sue in court to enforce the agreement. I would appreciate any answers to My questions listed below: 1. Is there a statute of limitations in Florida on suing and collocating debit for such agreements ? 2. Will we still inherit each other on the joint tenants properties if one of us dies even though we're legally divorced and this agreement exist? 3. What would our only daughter interest would be In the event of one of us death? 4.What risks am I taken with my name is still listed as joint tenant on the properties ? Thank you .
  8. My grandmother and grandfather bought unimproved land in Florida. The land was to go to my mother. After my grandmother and grandfather passed, my mom paid the taxes for the land. It is not worth much and so the taxes are very low. My mom as a gift gave me the land in a Quick Deed several years ago and I now an paying the taxes. When I went to put it in my name, they said that I could not as it was still in my grandmother's name. I provided them with my grandmother's death certificate. They said that they could not do anything without her Will. She died many many years ago and the Will is not available anywhere. The court house in Florida said that I had to go through probate. But this sounds costly. Is there another easier way around this dilemma? Thank you for your kind assist in this matter.
  9. My sister and I were the recipient off a house in a tenant for life deed from our mother in the state of Florida. The public property records still shows our mother's tenant for life deed to the house however after she died, when I look up /search for the property my sister and I names are shown as co owners with H/E after my name . I believe H/E is abbreviation for homestead exemption . I've been living in the house and paying the taxes and upkeep expenses for the house for the past ten years. I homestead the house after my mother died . Our mother died two years ago. The past two years the property tax bill was sent with my sister and I names. This is how the deed is worded: " This quit claim deed executed this 2 day of March,2003 , by Jane Doe , an unremarked widow, hereunder know as the Grantor, whose post office address Jane Doe as tenant for life, remainder to Daisy Doe, a married women and Donna Doe, a married women, whose post office address .... hereunder known as Grantee: Witnesseth, That the Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants ...etc..." I would appreciate help clearifying the following: Are we to file a new deed to replace our mother tenant for life deed ? Does my sister and I own the property as joint tenants now ? Can I force the sale of the property if my sister refuse to sell ? Am I responsible for all the property taxes and upkeep expenses since I do reside in the property now ? What interest will my children or my sister children have in the property in the event one of us dies ? Thank you.
  10. Im the father, me and mother of 3 kids had a non jury trial Oct. 18th.the judge ruled that the 3 kids live with me but we both share all responsibly.the kids have lived with the mother for the past 5 years so she isnt happy at all.i didn't receive the final order until the 24th so I didn't pick the kids up from the moms now she has attorney.will the fact that I waited until the final order was signed to take action hurt me in this case.
  11. I was pulled over in June of 2017 for driving with my lights off and the next thing I know is I'm being arrested for a DUI . my breathalyzer came back all zero's and my urine screen came back clean. I would like to know if I could sue the sheriff's department for false arrest
  12. Hi, I live in a townhouse community. These are long buildings of 6 units each, in which each townhouse shares a wall with the neighboring unit. The buildings structure are insured by our association. The association takes care of the outside of the property, the common elements, the roofs, exterior walls, etc. I reported damage to the roof that overhangs the rear balcony of my unit. The boards in the underside of this roof were bowing down, presumably from damage to the tiles above. After a month of having sent them the claim and the photos, a representative from the management company told me on the phone that I had to fix the damage myself b/c they were not going to fix that. That they'd fix the tiles on top but not the boards that are under the tiles. This management company is recent, they started with us in January this year. I think they're misinformed. Here are the reasons why I believe the association is responsible to fix: 1) this roof is outside my unit, outside the building 2) those boards under the roof have always been repaired, replaced, and maintained (painted) by the association 3) the previous management companies fixed and painted those boards in the past 4) there is stucco under the roof that overhangs the main entrance door of these townhouses, and the association maintains and repairs it. This stucco is in the same relative position that the broken boards are: they're outside the unit, outside the building, they are the underside of the actual roof Twenty one years paying association fees, never asking for anything, and now a couple of boards broken, and they don't want to do it? Unbelievable! Who should fix this and why? Rick
  13. Bought car, Was promised CarFAX was run and report would be provided.Requested it several times and was repetitively assured that it came back clean. Filled out title with transfer info but have not submitted to DMV. After papers signed, form presented was not CarFAX but a title clearance form from DMV. I have run CarFAX and car has in fact been damaged - contrary to assurances from seller. Have not picked up car and still owe few hundred dollars. Threat of $100 per day storage if I don't take the car. I'm inclined to get the car, remove it from storage site, rip up title, and go to court. But, I could have taken it to a mechanic for inspection but I didn't. I relied and trusted that the CarFAX report was clean as indicated by seller and his mother, What can I do?
  14. HI, Many topics are about tenants eviction and failure . I can't find much info on Landlords rights. I believe there are many reasons for Landlord to terminate the lease as well. Like sales of the property. How many days notice has to be given to the Tenant? My personal case- Tenant knows the property is on the market for sale and cooperating to show it from time to time. Two months prior expiration of the lease she asks if she can extend it or needs to look for another place. The extension was signed for another year. And right after the offer was received on the property which is acceptable for Seller/Landlord. Landlord is offering to cover moving costs, pay difference on rent for the next year for another identical apartment at the same building just one floor up. Tenant refuses to move stating that lease is just renewed and she is not moving unless Landlord pays for her full rent for the next year and moving costs. The 60 day notice of termination of the lease was serviced to her. Is there a specific procedure in this case in order for tenant to vacate? Thank you AnnaPG
  15. The last amendment for my maternal grandparents estate trust states in Article 6.2 an ultimate distribution clause. Which say that after all other affairs are settled, that my mother gets 10% of what is left. Then what is left after that, is divided in half. The first half is divided up between my mother, my self and my two siblings; so we all get 1/4 of that half. The other half is divided up differently. The Trustee Representative has notified all of us; The Beneficiaries, that all the bills have been paid for estate, after my grandmothers passing who was the surviving grantor for the estate. He also said that he just has the real estate property to sell, so far the figures that are coming in are looking like the Trust will have over 5 million in liquidated assets, when everything is said and done. Another Article in the Trust documents titled: 10.1 Trust for the Beneficiary A trust created for a beneficiary shall be held, administered and distributed in accordance with the following provisions: A trust is created for a beneficiary shall continue to be held in trust by the Trustee, who call devote to that beneficiary's health, education (including college and professional education) and support as much of the income or principal, or both, as the Trustee deems advisable for such purposes during the beneficiary's lifetime. Any income of the trust that is not distributed currently shall be added and incorporated in the principal of the trust, to be administered, invested, reinvested and dealt with in the same manner as any other principal of the Trust. My situation before my question is I need to get a place to live. I found a house I can rent to own, if my trustee will work with the manager of that property. The Trustee for my grandparents trust is saying I am never going to get a lump sum payment for roughly 11.5% of the estate assets that will be liquidate soon. That all I will ever get is payments that the interest on the principle of the trust has earned. So my question is: Do I really only get an occasional payment for the rest of my life that is dependent on the interest payments that the Trustee chose to make investments in? Is not that fact that I need a place to live enough of a term for support, that the Trustee for the estate, can buy the house for me? Just doing the basic math on what I would get if I were given a lump sum on the estate and the price of the house that I would like, the latter does not cause my estate amount to diminish to even half of what I would get for a lump sum. I am really frustrated with this Trustee that will not distribute more than interest on principle, and who also says I am not going be getting a big inheritance. About 500,000 is nothing to sneeze at. Why can I not control my own money?
  16. I am very new to this, so I am apologizing in advance if I am not in the right forum. Also, this is pretty long, so please bare with me. In 2005, I purchased a car from a BHPH lot. I kept full coverage insurance on it, as required by state law. I had it for all of 2 months before the car got wrecked. It wasn't drivable because the front passenger axle was broken, so I had to have it towed to my house. The next morning, I called the car lot and told them about what happened, they have a repair/mechanic shop on site. They said they would come tow the car and get it looked at. I then called my insurance company..... is where it gets weird, by a series of unfortunate events. My insurance company had NO record of me having insurance through them. I had my receipts showing that I was making the payments, but they still claim that they had no record of me ever having a policy through them. They told me it was because they had just changed management and underwriters. This company has since been shut down (obviously, if that is how they do business). The car lot didn't show up to tow the car to their shop, so I called them again. They said they would be there the next day. Again they didn't show up, so again I called them. This time, they said to give them two weeks because they were backed up. About a week later, I got a sticker from the city on the car saying that if I didn't get it towed, they were going to tow it and possibly fine me. So AGAIN, I called the car lot. They said "tomorrow." This continued for about another week or so, and then one morning I woke up and the car was gone. I assumed the car lot came and got it, so I called them to make sure. No answer, Every day for about a week, no answer. At this point, I am now late on my payment (I could have made the payment over the phone if they would have answered, but I digress). Now, mind you, I was 22 and dumb at the time, and really thought I had done everything in my power to get whatever information I needed. I just didn't know then what I know now. Out of the blue, I got pulled into my boss's office at work to be told that he had to garnish my wages for this company I had never heard of. After a little research, I found out that the car lot had NOT towed the car, the city did. And eventually the lot came to get the car, but it was not there. So they took legal action and sued me. But here is the thing. I NEVER GOT ANY NOTIFICATION that I was being sued! No court hearing, no certified mail....nothing. Is that even legal? Anyhow, eventually, there was a hearing for the garnishment, and I did get notification about that. I was able to prove I was Head of Household and poor (single mom, low paying job). So the judge said they can not garnish my wages, and that was that. Meanwhile, I now have a lien against me for the cost of the car plus legal fees. So now, here it is 11 or 12 years later, and they are now trying to garnish my wages again. Mind you, I am still head of household, I am still poor, and I am freaking out. The only reason I even KNOW about it is becuase my boss again has gotten a letter stating he has to garnish my wages. So I went and looked it up on the clerk of court site, and they sent notification to TWO of my OLD addresses. I filed a change of address the minute I moved into the place I am living now, so I cant figure that one out. Is there anyone that can give me any kind of advice? I am sorry this is so long (this is as short of a version I could make it and have it still make sense). And please be kind, lol.
  17. Issue: Under Florida worker compensation, medical obligation, Is employer responsible for providing a service dog to a former employee whose medical benefits are open if former employee worker compensation physicians prescribe a service dog for former employee after former employee's service dog of 14 years dies due to congestive heart failure.? Need for service dog occurs due to workers compensation injuries, and former employee acquired the first service dog without assistance from or cost to the employer. Properly trained service dog expense is $30,000 plus the life time of medical vet care, food, equipment, etc.
  18. I have responded to a petition for dissolution of marriage about 9 months ago, I am disabled and not working, so I sought the services of legal aid, they accepted my case and have been submitting some motions on my behalf, however my soon to be ex wife's attorney is the sitting president of the legal aid society in my county, is this a conflict of interest and what can I do, I don't have funds to hire a attorney. thanks for any advice
  19. Actual post below, double post by mistake.
  20. Hi, I made an offer on a property in September 2017 that had a listing which expired February 2017. The offer did go through the old listing agent. Seller rejected and didn't sign anything. I contacted seller directly and they are willing to sell. The seller is not obligated to pay the listing agent correct? As they are NOT under contract with her and it is NOT listed for sale. Any help would be greatly appreciated.
  21. Live in florida, have had 5 dui convictions, dating back to 1978. my last arrest was in 1995, and thank fully had no accidents. My license was revoked. I have requested a pardon hearing in 2010,which they recieved all the forms required. again in 2013 got in touch with them, and still was on the list. Again in 2017 they said it takes time as first come first served. waiting 7 years just to get a hearing!! It has been 21 years since my last conviction. I completed all the punishments the courts assessed on me. jail time, fines, Dui school, and probation with no violations. I'm at this point frustrated as my job is 21 miles away, with no public transportation at 4:00am, and nearest bus stop is 5 miles away. Taxi's are $35.00 one way. Been alcohol free since 2007, just was hoping for a business permit,to get back and forth to work. Any advice would be appreciated.
  22. I'm a different resident of the state of the original order and reside in FL and my original CS case originated in the state of GA some 18 years ago. My children are now grown, 1 lives with me now and the other 1 did live with me for awhile but since moved back to her birth state of GA. I do owe arrears which in my opinion is excessive and a total misresprentation of what is truly owed. I would like to go back to court to reassess this current situation and would like information and direction on how to get started. FL enforces the order, but the original order is in GA. Any assistance would be greatly appreciated.
  23. newborn, mom pumping and bottle feeding so not legally breast feeding. i want shared custody when we divorce. what am i looking at for seeing my son without his mother present
  24. At what age, if any, does a 1984 workers compensation medical benefits end if former injured employee has received continued and consistent medical care from several employer approved physicians, and care is related to worker compensation injuries?
  25. My son has been having problems getting to see his daughter. The mother has been server 12 times by cps, but they call her ahead of time and she is prepared when they get there. she lost her job and gave my son his daughter for 3-4 months the mother did not supply any assistance while she was with him, she was getting assistance for the child while she was not living with her. she came back and toke the baby back after 4 mos, my son had his daughter in daycare she was in a stable environment. the mother today had my son server with a restraining order, to stay away from his daughter, the mother and the grandmother, he cannot call the mother or the grandmother to check on his daughter. she also listed things that happened 4 years ago in this restraining order. so my question is how can you serve a restraining order when the father does not know where the mother lives she has moved about 4 times this year every time a cps case is filed she moves. he calls the grandmother to try and find out how his daughter doing, they have set a court date within the next week coming up, no time to get representation. she has text messages in this restraining order but deleted her responses so it is making my son look like a monster. Has anyone ever dealt with anything like this?