Matthew Howard Hinson’s Answers

Matthew Howard Hinson

Jacksonville Litigation Lawyer.

Contributor Level 6
  1. Can an executor of a will use the vehicle of the deceased or transfer the title

    Answered almost 2 years ago.

    1. Astrid de Parry
    2. Matthew Howard Hinson
    3. Francine Rae Martin
    4. Marcos P Martinez
    4 lawyer answers

    I agree with Attorney de Perry. I would also add that Florida Statute 733.607(1) appears to imply a requirement, not just an option, that the personal representative take control of the vehicle if it is for purposes of estate administration. As Attorney de Perry noted, if the creditor period is not yet up, this could be one reason for holding the vehicle. I would suggest that you hire a probate attorney if you have questions or are concerned with the property being preserved for your benefit.

    6 lawyers agreed with this answer

  2. Estate, inheritor refuses car that has a bank loan. Are they still responsible for any money due after car is sold.

    Answered almost 2 years ago.

    1. Marcos P Martinez
    2. Matthew Howard Hinson
    3. Joseph Franklin Pippen Jr.
    4. James P. Frederick
    4 lawyer answers

    I agree that more information is needed as well. I would suggest that you speak with a probate attorney regarding the matter. Additionally, Florida Statute Chapter 739 (FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT) covers most actions to disclaim interests.

    5 lawyers agreed with this answer

  3. Is an inheritance part of division of property in the state of Florida?

    Answered almost 2 years ago.

    1. Robert M Chambers
    2. Marcos P Martinez
    3. Matthew Howard Hinson
    4. James P. Frederick
    4 lawyer answers

    I would agree with Attorney Martinez. I have also edited your post so that attorneys practicing family law and division of property will also see your questions. I echo the comments that you should speak with a family law attorney regarding the specific nature of the assets.

    4 lawyers agreed with this answer

  4. Whos responsable for exterminating a rented dwelling... Tenant or landlord? Do I have a case? Should i get a lawyer?

    Answered almost 2 years ago.

    1. Barbara Billiot Stage
    2. Matthew Howard Hinson
    2 lawyer answers

    Unfortunately, landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter. First, you must look to the contract and the obligations/remedies that the contract provides for both parties. If your contract references who is responsible for exterminations, then the contract will govern your particular fact pattern. If it does not, it is likely that a...

    2 lawyers agreed with this answer

  5. We rented a home in June and found out in August that it was in foreclosure. Can I break my lease without it ruining my credit?

    Answered almost 2 years ago.

    1. Alan James Brinkmeier
    2. Carol Lynne Zimmerly
    3. Matthew Howard Hinson
    4. Amanda Leigh Edwards
    4 lawyer answers

    While I would mostly agree with the attorney's answer's above, I would not automatically say that you cannot move out. Landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter. First, you must look to the contract (if there is one) and the obligations/remedies that the contract provides for both parties. It is unlikely that your lease would have...

    2 lawyers agreed with this answer

  6. What legal action can I take if current probate attorney is siding with other PR and not making me privy to decisions.

    Answered almost 2 years ago.

    1. Marcos P Martinez
    2. Steven M Zelinger
    3. Matthew Howard Hinson
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I agree with Attorney Martinez. Given the fact sensitive nature of your matter, and that you do have responsibilities as a personal representative, I would suggest obtaining your own counsel as personal representative.

    2 lawyers agreed with this answer

  7. I lived in my Florida apartment for 8yrs. After moving they are trying to make me pay for the replacement of the carpets.

    Answered over 1 year ago.

    1. Harrison Wesley Poole
    2. Matthew Howard Hinson
    3. Leonard Peter Cabral
    3 lawyer answers

    I would agree with Attorney Poole. Landlord/Tenant disputes are often governed by both the contract and Florida Statutes. As a result, they are often very fact specific and driven by the contract you signed. In circumstances involving "normal wear and tear" of carpet, there are also prior cases decided by the courts that could apply. One of the first fact inquiries could be the life expectancy of the carpet (i.e., 3 year, 5 year, 10 year carpet). You should contact an attorney to review...

    1 lawyer agreed with this answer

  8. What can i do to fight an eviction stating i didn't pay rent when I did in Florida

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Sean Michael Murrell
    3. Matthew Howard Hinson
    3 lawyer answers

    I agree with Attorney Murrell but would add that you may want to consider looking at your lease agreement as well. In some occasions (not often), the lease may require different procedures/time frames from what are stated in the Florida statutes for defaults on rent payment or other provisions of the lease agreement. As Mr. Murrell stated, hopefully you are be able to work out an agreement with the apartment complex in either case. All the best!

    1 lawyer agreed with this answer

  9. Using last months rent and security to cover damages?

    Answered over 1 year ago.

    1. Barry A. Stein
    2. Matthew Howard Hinson
    3. Jed R Prest
    4. Carol Lynne Zimmerly
    4 lawyer answers

    Unfortunately, landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter. First, you must look to the contract and the obligations/remedies that the contract provides for both parties. It may speak to what you are allowed to do with over payments. It may also speak to whether you have waived your right to seek attorney's fees under Florida...

    1 lawyer agreed with this answer

  10. Can I get my money back? Legally?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Matthew Howard Hinson
    3. Jed R Prest
    3 lawyer answers

    I too am having a hard time understanding the facts. Can you clarify when the apartment was supposed to be ready, when you moved in, when you moved out, and specifically why you moved out. I would be happy to provide further comment.

    1 lawyer agreed with this answer