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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: If my vehicle was found at a hit and run leaving the scene of an accident and drugs were found but I was nowhere near

This is in Florida city Florida and homestead. My truck was found at a hit and run and leaving scene of accident only resulting in property damage and they found drugs cab I bee charged with the drugs and or the crash

Charles M.  Baron
Charles M. Baron answered on May 23, 2022

Your inquiry is a bit vague. If this was a hit-and-run, with a driver fleeing the accident scene, what does "found at a hit and run" mean? If you mean the truck was found somewhere else, and police determined that it was the vehicle that hit and ran, AND the police have not yet... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: What are the steps after a judgment has been vacated and a case reopened for small claims. I missed pretrial as plaintif

I filed a small claims case against my landlord. Missed pretrial due to being hospitalized. Filed a motion to vacate judgment which was approved in the case was reopened. A judge or new date for pretrial had not been set and it's been a month. Is there something I'm supposed to be doing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 23, 2022

Contact the judge's judicial assistant and find out when the pretrial hearing will be held. Make sure the defendant has been notified.

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Florida on
Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?

I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 23, 2022

A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If the parents gave us custody 6 years of a child who is autistic, ODD, and ADHD . Will they automatically get him?

They can't afford him, have no room, and live with her mother. Mothers had CPS involved a few times with her kids. The house always smells like cat urine. They are in Va and we filed in Sumter county almost 7 years ago. I'm scared to lose him after he's blossomed so much with school,... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 22, 2022

You need to read carefully whatever document gave you "custody." If it is a court order then the court that issued the order would review any changes. If it is simply a document from the parents to you then the parents can probably "revoke" it at any time. If the the child has... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Is a SsA representative payee allowed to marry the beneficiary they represent or will it. Cause issues?
Susan Michele Schaefer
Susan Michele Schaefer answered on May 22, 2022

There is no restriction about a beneficiary being married to the person who is their representative payee. In fact, Social Security prefers to appoint a responsible relative, friend, or other interested party to serve as a representative payee, then they consider others, such as an organization to... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Do I need to set up a joint trust?

My mother and I (her son) live together in a house. We are both listed on the deed and mortgage. This is the only real asset that she has. We are reviewing our estate planning documents.

Do I need to bother setting up a joint trust? Without one, since we're both on the deed, I believe... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 22, 2022

No, if title is in both of your names, and not joint title with right of survivorship (or something similar), should she predecease you, the property will not be solely in your name. Her estate would own half. Talk to an estate planning attorney.

1 Answer | Asked in Child Support for Florida on
Q: I have a child on the way, the mother and I don’t get along. Is there anyway I can legally avoid child support? Could

(Is this possible)Can I legally get a document notarized saying “I will not pay child support.” And if she signs she agrees, will it protect me from child support. If she signs but still pushes for child support etc will she face legal actions?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 22, 2022

No, a waiver of child support by the custodial parent will probably not hold up, should she later seek it.

1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Q: Could I still register a quitclaim deed in my favor written in 2013 and stop the property sale by Partition Lawsuit?

My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... Read more »

Jane Kim
Jane Kim answered on May 21, 2022

Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: If I smoked weed 2 weeks before driving, Am I still in danger of getting a dui?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 20, 2022

No, unless you have used some other substance much more recently.

1 Answer | Asked in Bankruptcy for Florida on
Q: Is there a limit to the amount of credit card debt to file for bankruptcy, Chapter 7? Thank you.
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 20, 2022

There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).

A cautionary note- any charges made to a credit card within 90 days prior to the filing of a...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: So I was descriminated against by another employee for my disability, instead of firing her, they moved her to another..

Department. Is there any recourse? On top of being targeted for other mitigating circumstances. Do I have a leg to stand on? Should I file an EEOC complaint or retain an attormey?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2022

If you feel you have been discriminated against by the actions of your employer because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status, pregnancy, or because you have a disability or feel you have been retaliated against... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... Read more »

Mr Eric Klein
Mr Eric Klein answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... Read more »

1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 bankruptcy was 2 wks shy of being discharged when mom passed away. Trustee wants inheritance. Recommendations?

Thank you very much.

David Luther Woodward
David Luther Woodward answered on May 20, 2022

Where's her lawyer?

Under certain circumstances the code permits a death during pendency to be treated as a probate estate.

Where's your lawyer?

If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a...
Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: How do I get a restraining order removed if I haven't had contact with the other person?

No contact in nearly 20 years.

Jeffrey H. Garland
Jeffrey H. Garland answered on May 19, 2022

Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I been married for 6 years. We both own our homes, (both with mortgages). If she were to die would I inherit

Her debt?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

No, one does not inherit the debt of another person such as a spouse. Her estate would be responsible for her debt, which would have to be paid before her assets were paid to her heirs. If the mortgage note is not paid, the mortgagee (bank, usually) could foreclose on the home she owns, but could... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

They are right: unless he signed the note, he is not liable. It's doubtful that your ex can require you to refinance or sell, assuming the two of you aren't married and getting divorced.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 19, 2022

If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I’m currently still represented by an attorney (technically, as the hearing for attorney withdrawal is scheduled for

next week). We had a mediation back in February where the mediator amended the Parental Plan and Marital Settlement Agreement but we ran out of time and didn’t get a chance to sign.

I’ve requested the amended documents from the mediator but he said he doesn’t keep them and that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2022

1. It is not humanly possible for me or any other Florida lawyer to tell you why your counsel of record does not respond during his pending motion to withdraw.

2. However, since you recently went through a divorce you must have noticed that your ex did not respond to you during the...
Read more »

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