Jeffrey Allen Cramer's Answers

Can the vehicle owner be sued if another driver has an accident and the motorcycle was not insured?

In Florida, the general rule is that as the owner of the motorcycle, you are strictly liable for the negligence of the person who was operating your motorcycle, under the "dangerous instrumentality" doctrine. Again, as a general rule, a lawsuit must be filed against you within 4 years of the date of accident or else you would be able to assert a defense that the lawsuit was not timely filed within the applicable statute of limitations. These general rules may provide some starting guidance, but...

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Homestead Probate Laws for FL...What happens after probate finishes for the surviving spouse and children?

If your father died intestate in Florida leaving only you and a surviving spouse who is not your mother, you are entitled to one-half of the intestate estate. However if there was a homestead, the surviving spouse takes a life estate and you receive a vested remainder interest in the homestead property. That is only a general statement of Florida law. Your understanding of your situation appears to differ, so it is important that you contact a lawyer in your community who can provide specific...

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Durable Power of Attorney without an Attorney?

Although you do not need an attorney to prepare a power of attorney, when printing out a form it may not reflect your grandmother's wishes. An attorney can provide education, counselling, and legal advice to make sure the document accurately reflects your grandmother's wishes and includes only those powers she wishes to give. In these situations, the advice of a qualified attorney can be invaluable.

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How long, does my sister have to reply to settlement from estate of my deceased sister? It's been over 4 months? Holding us up

You really should talk to your lawyer to find out the answer to your question. Without knowing the precise stage the probate is at or what issues have arisen, your question cannot be answered. I am sure your lawyer will explain things to you if you ask him directly.

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My sister obtained POA to sell my mothers house then used it to enrich herself. Mom died 4 years L8r in march with nothing left.

You will need to file the will and start a probate proceeding in Pinellas County where your mother resided at the time of her death. If you are named as a personal representative of the estate you can conduct formal discovery within the probate proceeding to satisfy yourself about how your mother's funds were handled. Even if you are not named as personal representative, you can use the probate proceeding to find out this information, but you really should consult with a local lawyer to obtain...

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What happens to the funds in a joint bank account when one of the joint owners dies

From the way you have framed the question, it would appear that any of the joint owners could liquidate the account. This is just the type of situation that can be prevented by proper estate planning-- if that was not the mother's intent.

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Do I need a lawyer to file legal guardianship papers for a minor ?

Yes. The Court may also appoint an attorney to represent the interests of the minor. Establishing and maintaining a guardianship requires the guardian to complete initial and then annual reports and accountings and to have interaction with and oversight of the court system. Having an attorney to assist in this is essential.

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What happens if someone dies and has no will?

In Florida, in order for what your father wrote on a piece of paper to constitute a legally valid will, it would have to meet certain legal requirements, such as his signing the document and his signature on the paper having 2 witnesses and being notarized. There are other issues which would require specific advice for your situation. You should take the paper to a Florida attorney and have it reviewed to see if it meets all of the Florida requirements to be a valid will.

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How to transfer stock from a revocable living trust ?

You definitely should seek the advice of an attorney to review the specifics of your situation. However, your question highlights the importance of correctly titling assets in order for estate planning documents to work properly. As a general rule, a trust only controls assets which have been titled in the name of the trust and a will only controls assets that were owned indivdually at the date of death. Jointly owned property, as a general rule, would not be controlled by either a trust or a...

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Can I become the guardian of my childs bestfriend in Florida due to her mothers aggresive behavior?

You can petition to become the child's guardian pursuant to Florida Statute 744.3021. The child has a right to live in an environment free of both physical and emotional violence. Whether or not you will be successful will depend on the proof you present to the judge, but there is a means for you to make the attempt.

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