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Found 187 results

  1. My daughter is a beneficiary to a life insurance policy on her mother. Her mother sadly died after a year from the date she started the policy. The policy is a flexible premium indexed life insurance policy which provides accelerated death benefit for chronic illness , an accelerated death benefit for terminal illness and a death benefit guarantee. Upon claim to pay out the death benefit the insurance company’s mailed forms to the agent who sold the policy to my daughter mother. My daughter and I met the agent who demanded my daughter to sign forms that she isn’t familiar with “she is 21 years old” . I advised her not sign until we had a chance to review the forms on our own with someone who knows more about the forms. The agent refused to give her the forms and instructed us to contact the insurance company. The insurance company sent her the forms to sign .They are: 1.Health History information request asking my daughter to answer questions about tobacco use , physician/facility/hospital and contact information Of who treated her mother and their phone numbers. Is it legal for the insurance company to request such information and demand the beneficiary to sign ? 2.HIPAA Authorization to authorize any health plan,physician, healthcare professionals,Hispital,clinic, laboratory,pharmacy,pharmacy benefit manger,medical record as any other protected health information concerning her mother to the insurance company . One of the clause “I further understand that if I refuse to sign this authorization to release the complete medical record, the company may not be able to process the submitted claim and may not be able to make any benefit payments” Is it legal for the insurance company to demand the beneficiary to sign such a form? 3.A Beneficiary Statement form asking for my daughter identity information. We have no problem with this form .it seems to be straightforward standard form. Thank you for answering the questions.
  2. Hello, so I went onto Facebook market place to find a new phone and found a seller selling an iPhone Xr, after speaking she removed the phone from the listing and I asked why, she said “because if I sell my Xr I won’t have a phone until my new iPhone 11 comes in”. So I offer to lend my iPhone 7 in the mean time so I could purchase her old iPhone Xr and we agreed. The day that her new iPhone came in I asked if she had received it and when I could get my iPhone 7 back, she said that the phone cracked all over the screen while she bumped into her husband and I respectfully demanded a payment to fix the screen ($109 said the screen replacement company), she said she didn’t have the money Because she was leaving for navy deployment to Japan and needed it, so again I demand my money and the next day she removed herself from the conversation and blocked me, I have her full name, address, and evidence of the entire conversation and that she blocked me, what are the next steps to get my IPhone back?
  3. Accountant/Bookkeeper Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime. The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program. I plead to misdemeanor petit theft per the judgment. I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1). I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt. I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees. I have also been told after the criminal judgment that small claims court is an option. I'm confused. I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541. By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA? That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000). Am I wasting my time in small claims?
  4. My sister and I each inherited 1/2 each property and mobile home in Florida. I live in this home she is in a nursing home in Ohio and they had her sign a mortgage for 36,000 thousand which is more than 1/2 value of property and home. They made the mortgage so there is no way she can pay and will default on loan and they can foreclose They are already taking all of her social security money to stay there . Can they for forclose on this and force sale
  5. I am preparing a will for my 45 yr old son whom had suffered a severe trauma after being involved in an automobile accident. It affected him mentally as well as physically and as a result he has incurred an inordinate amount of debt not just resulting from the initial hospitalization but hospitalization in three other medical facilities from attempting sucicide and having a breakdown. I provide ALL of his care and he lives with me in my home. It has been three years since the accident and he is currently seeing a doctor on a regular basis and has been placed on a regime of medication finally that agrees with him. Nine years ago he also "fathered" a child and was nothing more that a "sperm donor" because a girl that he was seeing wanted a childand as she felt that her "proveriable" timeclock was running out. S he threatened to throw him out if he did not comply as they had been habittating for about two weeks. He has been unable to work due to various reasons that I cannot go into here since the childs birth. We are not even sure the child is his because the same evening she had relations with another man just to be sure ONE of the pregancies would take. There have been no court rulings and to date she has not filed for child support because either myself and my husband or son were trying to help her as much as we could. Now widowed, and on a very limited income, I have managed to send her $300.00 a month regularly for approx. 2 years but I can no longer continue to afford to take care of my son AND the child. Evenprio to lately prior to that I would help her pay bills or wire her what she needed. FINALLY! My question is...can DCFS of Illinois or HERSELF take this house from him if I were to pass for back child support or could his debtors (who knew he was not insured at the time they provided medical care), place a lien on the home so that he would be forced to sell the home to settle these debts which would leave him completely penniless and without a roof over his head? No where to turn.Thank you for any time you may spend in answering this.
  6. Hi all my question is can i file a claim against the officer in personal or official capacity? And how? I'll warn everyone now I'm no lawyer and I have to read a statue over a few times to get what i hope is the correct meaning. Anyways about 1and half year ago my father was pulled over for speeding, i was passenger, the officer approached passenger side of vehicle, i was not wearing a seat belt officer notices this and asks me for id. I did not have it with me. He then pulls out a pen and pad asks for my ss#. I tell him i dont feel comfortable giving him that info and offer to give my name. He them makes an ultimatum of 5secs to give said ss# number or jail. Well i went to jail. Failure to identify and no seat belt. me offering name, officer not accepting name and demanding ss# all on video.
  7. Can my soon to be ex-husband get 1/2 of my home equity (home was purchased prior to the marriage by me) or ask for spousal support when he is gainfully employed? We were married in florida for approximately 11 months. I’m fact, he never contributed to the household bills apart from groceries.
  8. Hello! I am currently a business student, and for my class, I selected the legal industry. We have a project to conduct primary research with someone in my industry - for me, that would be an sole practice attorney. I am looking for information regarding "a day in the life" of an attorney, the best and worst parts of the job (and then 3 additional questions based on how the conversation goes). It should be no more than a 30 minute phone call. We are supposed to come up with a business idea based on what we learn and then draft a business plan. I don't personally know a lawyer, so I'm looking here to hopefully find a kind soul who would be willing to help. Thank you! I really appreciate your time and consideration.
  9. HI! I am wondering why a Judge would all of a sudden file an order vacationg his Notice of confidential filing, and call it an amended final Judgement??
  10. I have COPD and am bound to a wheelchair and have lived in my community for 3 years now going on 4. My daughter who is also my caretaker and helper lives with me. I just got a letter from my doctor saying that I need to move to a more secure and assisted living facility with my caretaker. We had to move from the first unit because of the mold and mildew which Code Enforcement was called and a file was started and ended. They told me they fixed the issue with myself, granddaughter and other daughter living with me at the time. The wall was opened in the kitchen, laundry room and bathroom for over a month with a dehumidifier and all sorts of other machines in my way that we had to contend with. We moved from there into the apartment we are in now. My daughter and granddaughter moved out and my other daughter moved in to help me in my current situation. My COPD has gotten worse at this point and my doctor has suggested moving to a more assisted facility to get more help. We would like to move Sept. 1st. When I called the front office they told me I had to come fill out a reasonable accommodations form. I can't get to the office and have tried to call them repeatedly to tell them. My daughter does have a job to help pay the bills here and I have people that check on me daily by phone to make sure I am ok. In my lease I noticed two things. My apt. number is wrong and they don't let you break a lease for bad health. What should I do?
  11. Had two serious accidents as covered and provided under Fl WC l,aw. Fist was in Oct 1984. Neurosurgery required. Chronic pain continues. Did not settle medical benefits and are open today, per the State Financial Services and the e/c for the employer who is self insured. See Neuropsychiatrist and pain management MD each month and med RX covered. Did not need a service dog. Went back to work for 5 years before attending law school. Attended and graduated cum laude from law school in 1992. 2000 admitted to practice law before Supreme Court of US. Practiced law until March 2000, when large truck hit my car and totaled it and nearly me. My auto and workers compensation covered the medical and other related expenses. Per my neuropsychiatrist RX service dog and one became availkable without need to file claim Workers comp e/c in Florida responsible for medical expenses as I was returning from neurologist for check up of second surgery needed in neck from Oct 1984 wc accjdent and the e/c of 1984 paid medical and continues to pay medical benefits. I am not the oldest medical case in workers comp in Florida. It is now Jan 2018. My service dog died 6y months ago. Seeking replkavement per pain management MD and psychitrist RX and medical necessity RX.
  12. Where is a good place to find information on the Landlord/Tenant rules and regulations for Fla? To many places pop up on search engine. Which is the best one to use?
  13. I have posted before with no response so thought I would try again.... and put some white between since it is long. I will be as brief as possible. PLEASE ADVICE AND HELP. I filed for Disability in 08. I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me. I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities. It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed. I then sign a new contract with attorney and waited. I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file. It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE, I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal. I do not trust him or that the old case will be addressed. What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further. Do I need a malpractice attorney? Any advice or suggestion would be great Thanks
  14. My husband was working when the officer stopped him because he seen him pick up a beer can and threw it in the garbage jump out his vehicle push my husband up against his squad car put him in handcuffs search him without even asking him for an ID so he search him without his consent cause my husband did have his ID on him and took him into custody and didn't even read him his miranda rights he had Court today and the judge order for court fees and time served does that means he's getting released how can we go about this issue
  15. My spouse left the property in September 2014 and I have been solely responsible for all bills - mortgage, taxes, insurance, repairs - since that date. He has continuously ignored my requests to process a divorce. Naturally, he wants to be bought out, but it is now over 4 years later. What value of the property is used to determine equity? Is it the value at the time he left or current value? Also, can I use the cost of repairs, a percentage of the mortgage, taxes, and insurance, and half of our daughter's student loan bills against what equity he would be owed? We owe around $48,000 in parent plus loans for our daughter's college that I have been paying on my own since 6 months after her graduation in December 2014, so from July 2015 to now.
  16. Doug  DiZoglio

    CE

    On April 8 2019, Bay County Code Enforcement showed up with a bulldozer, gave the occupants 1 hour to pack and leave. About 90 minutes or so later, the home was reduced to rubble. This home was in total compliance, with all the proof necessary. Code did this without Warrant, without Court order, without permission an There was one person in particular without reason that needs to be pointed out, but be sure everyone in there was aware of what was going to happen. I am a family member, but no longer lived there. I did however go thru this with my family from day one, communicating with leaders that coulds help, ie my district 2 county comm., county manager, new s office., Florida AG, and most recent Fl Office of the Governor. My family ,my oldest son has retained a lawyer for his mother I want to know a couple of things. 1]as an aggrieved party can i sue this entity separately from the victims who lived their? How does a person go about calling for an investigation against a small town government type and who.
  17. The title is pretty self-explanatory, but I have read on various websites that one is automatically emancipated if they enlist in the Armed Forces. Since I doubt this is federal, I tried finding out if this is true in Florida. Alas, I have received contradictory information. As such, I've come here to ask the question: Does enlistment in the Armed Forces qualifying for emancipation in Florida?
  18. Hi! Sorry there's no forum for Government, so b/c it's about workers, I found this one the closest. Is it legal for a local Government to send employees for week(s) to do volunteer work for a charity? The employees get paid by the gov as usual, but instead of reporting to work at their gov job location, they go to the charity place, where they do presentations, speeches, etc IMHO gov shouldn't be playing favorites with organizations nor people at all. So, a big-shot at that local gov selects a charity of his liking to send resources to? Maybe someone's getting a kickback? Maybe this charity under the hood funnels money to a certain political party? Every way I look at it, this practice opens the door to all kind of issues which constitutional government is intended to prevent... Would you please share some light on this? Thank you, Rick
  19. i pay rent weekly and have been at my residence for almost 5 yrs. I have no lease just a paper that documents my deposit. The manager of the property told me I have one week to get out because he wants to give my apt to the Latin store that I live next to. But he is dying and no longer manages the property. I have received no written papers. I need to no my rights and the law on this. Please help I'm in shock. Edited 9 minutes ago by Jennifer 1966 Misspelled Quote Edit
  20. i pay rent weekly and have been at my residence for almost 5 yrs. I have no lease just a paper that documents my deposit. The manager of the property told me I have one week to get out because he wants to give my apt to the Latin store that I live next to. But he is dying and no longer manages the property. I have received no written papers. I need to no my rights and the law on this. Please help I'm in shock.
  21. Mom of many

    Lunch laws

    Is it perfectly legal without repercussions to snatch both my sons lunches out of their hands and toss in a trash in front of them and deny them lunch due to a less than 11.00 lunch balance ? Furthermore to offer them nothing else to eat . While they sit and watch other students eat and can't leave lunch period after being publicly humiliated and hungry ?
  22. I live in South FL. My neighbor has a fire pit, the SE ocean breezes direct the smoke on to my property and into my home. My property takes a direct hit because the neighbor resides behind me. I live in a residential neighborhood and the property lots are small and very close together. From my home to the wood fence that divides our properties, there is a distance of only 20 feet. I cannot move my house to avoid the smoke and even with my windows closed, my home can smell like smoke. I have lived in my home for 33 years, the new neighbor moved in 6 years ago ( I add this info just in case someone was wondering if I had moved in here knowing this was going to happen). I first tried speaking to my neighbor about the smoke from the fires and asked them to put them out. Ok so that didn't work out well, so then I tried to explain how it effects my health and property and even offered to buy them seasoned wood to cut down on the amount of smoke emitted (they refused my offer). The neighbor advised me that they would build smaller fires (at one time they were building huge bonfires) and told me that the fires were smokey because they had had a lot of leftover construction materials to burn (which is illegal because of the chemicals in treated lumber). The fires continued with the smoke, so over the past 6 years in order to resolve this issue, I have enlisted Code enforcement, sheriff's dept., fire dept., county EPA dept., and city officials (Commissioners and Mayor) for help. The neighbor was told by authorities to use only seasoned wood and to move the firepit away from the wood fence. The vice Mayor even visited their home and pleaded with them on my behalf. The only results have been to cause the neighbor to become more defensive and retaliate by burning more often and unfortunately they continue to burn what ever they want to. Last night they were chopping up and burning pallet wood (treated or untreated lumber, we will never know for sure) so I had EPA come out to document the smoke and the effect it is having on my property. The city that I reside in has a code that states that open burning is prohibited without a permit, but exemptions include fire pits if used for cooking purposes. So, as far as the city and the county are concerned, it's ok to burn wood in a fire pit for cooking, or any other appliance intended for that purpose. Unfortunately however, it can't be proven if they are cooking or what they are burning because no authority is allowed to enter the neighbor's backyard unless the neighbor allows them to do so. Wood smoke can contain up to 40 times more toxins than cigarette smoke and produces particulate matter as small as PM2.5 which the EPA considers to be harmful. The fine particle pollutants from wood burning are so small that they infiltrate even the most well-insulated and weather-stripped homes (closing my doors and windows does not protect me). Most of the harmful pollutants from wood burning don’t rise. They hang around at ground level for up to ten days. If you can smell wood smoke, you’re breathing it! The neighbors smoke is affecting my life style, my health, and peaceful enjoyment of my property. I should not have to beg to breathe smoke free air. So, when does smoke become a health hazard or nuisance to an adjoining neighbor? Do I have ANY rights, and how do I protect my rights if so? Do I have any other recourse or should I file a lawsuit against the neighbor or against the city for not protecting my rights? If a law suit is filed, should it be a civil or personal injury lawsuit? PLEASE HELP!
  23. On a Far bar AS IS realtor sales contract The inspection period ran out and just before it did the buyer's realtor emailed over an addendum with a lower offer claiming "due to inspection issues" , the problem I have is that they never inspected the house and are lying saying they did just because the clock was running out on their 10 days to inspect. They never contacted me to get in the house. I think they are using the contingency as a tactic to lower the price. Is this Breach of contract? misrepresentation, fraud, not performing or something that I can mention at the mediation over the 5k escrow deposit. I have emails and texts to support their statements. They also have refused to produce any inspection report, won't even tell me one detail from said inspection (that they never did) The last cash offer I received from another company at least they did inspect it and then wanted 33k off the price for ridiculous things like repaint inside and out, new roof, new bathrooms , (that one I signed their cancellation , this time I am not signing) the house was renovated and is move in ready , new floors, kitchen with granite, new paint, new locks, new doors, the bathrooms are outdated but fully function with partial renovations , Standard realtor contract page 5 paragraph reads partly: Property Inspection; Right to cancel Buyer shall have 10 days after effective date (inspection period) within which to have such inspections of the property performed as Buyer shall desire during the inspection period. If the buyer determines, in Buyers sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this contract by delivering written notice of such election to the Seller prior to expiration of the inspection period. attached ate two pages from the contract , please tell me if the inspection contingency paragraph has any teeth in it? I think its intended meaning is that the house be inspected by someone, its not just "cancel if I change my mind contingency" . I am going to request a mediation (non binding) but may end up suing in small claims court (for the escrow deposit 5k) , but want to know before hand if I have a tooth to stand on. I am aware I could end up paying their lawyer fees if I lose in court. Thanks for any solid feedback on interpreting this paragraph and other relevant words.
  24. In 2002 we went to Kent County court to get marry . Me and my love ( I always said my husband and I) had all kind of ceremonies, receptions, in church, too. After all that year we been filed tax and everything together as husband and wife . Two weeks ago I applied for a passport and it asked for Date of Marriage, I wasn't sure the exactly date because I consider the date we got married in church is the date but it have to be the date at the court. I never have a marriage certificate and I never thought I must have one because we went to the court for paper work . It been a long time and I never know that we were not legally married because Kent county clerk couldn't find our record, they said we were not legally married because we never return the form ... required for the marriage license . We thought we were married for all those years, we filed everything together, now what do we need to do to make everything legally ? And since we're not legally married do we have to refile the tax ? Do we need to do anything to prove either we are married or single ?
  25. 4 Months ago, my 22 year old daughter got really sad (Bi-Polar), cut up her wrists and swallowed a bottle of pills. She was rushed to the Hospital, Baker Acted, stomach pumped and was moved to JFK in North West Palm Beach. She has good insurance. They diagnosed her as Bi-Polar and gave her meds to last until her first appointment with New Horizons in Fort Pierce in a couple of weeks. She was doing just fine on the meds. She went to the first appointment and they only had a counselor who could not prescribe her meds. She would have to wait another month. She missed that appointment having to reschedule the next month because they said they could not fit her in until then. The 3rd month's appointment they called and cancelled the day before. Yesterday 11/17/2016 she was suppose to be there but got depressed, consumed a bunch of alcohol and an entire bottle of benadryl. We found in her room she was self-medicating with all kinds of different items. She was Baker-Acted again when a friend drove her to the hospital. Now she sits at University Pavilion in Broward County wanting to die. Do I have any legal action? I'm tired of my daughter having this mental pain wanting to die.
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