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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • What is the difference between a shareholder and a partner in a law firm?

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    Preston’s Answer

    Most likely there is no difference at all. Law Firms used to be partnerships, but then law firms began to operate as corporations to limit personal liability and partners became shareholders.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Dad died and stepmom lives in the house. It is in the trust name and it was homesteaded. Does she automatically get the home? Th

    Will says all assets to be split Trust also to be split.

    Preston’s Answer

    If the property was his homestead, then the wife has a life estate. She can not sell or mortgage more than her life estate in the property. If she attempts to do so, then, as a beneficiary of the trust, you should step in.

    Also, consider probating the estate to clearly define what interest your stepmother has in the property.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I just moved in a foreclosed home in Florida

    I am an renter who moved in a foreclosed home not knowing it was in foreclosure. Signed a 2 year lease with the owner then 7 days later a gentlemen came stating he is from recover american to take possesion of the house and that the house is in fo...

    Preston’s Answer

    Foreclosure is a judicial process, so unless the gentleman who came to you was with the police and had a writ of possession, then you are not required to leave the property. Tenant's have rights to remain in the property even during a foreclosure. Consult with an attorney to see where the foreclosure is at in the judicial process and what rights you have moving forward.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • How do I get tenants to move out when they have agreed to move?

    I have tenants in my home that through an attorney agreed to move out last Wednesday. It's Tuesday and they are still in my home. Do I have grounds to change the locks since I have in written that they would be gone by a certain day?

    Preston’s Answer

    The lease will govern the relationship between the landlord and tenant. There is no self-help eviction in Florida, so you must begin an eviction action to have the tenant's removed. Consult with an attorney to understand what is involved in an eviction action.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Death or insolvency clause in a mortgage

    My late father left his house & mortgage to me & my sister. In his mortgage there is a Death or Insolvency clause that reads: The death of any grantor will not be an event of default if as a result of the death of a grantor The indebtedness will b...

    Preston’s Answer

    The mortgage will govern the relationship between your father's estate and the lender for the property. If you and your sister intend to keep the property, then hire and attorney to renegotiate the terms of the mortgage or simply pay off the remaining balance. If you do not intend to keep the property, then the property could be sold in the probate of your father's estate and the equity split between you and your sister. Either way, I think you should consult an attorney.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • What do I do about a stolen money order from my apartment's drop box?

    I placed two money orders in the drop box that included my apt. number, but I think I left off the addressed to section. I was able to stop payment of one, but the other was cashed. They are telling me I am responsible for a late fee and additio...

    Preston’s Answer

    Contact the company you obtained the money order through to see if there was any insurance on the amount. You can also find out where it was cashed and see if they have surveillance video.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I have 2 lots and would like to give one to my good son

    I have 2 lots that were combined for homestead. I would like to deed 1 of the lots to my son. Do I have to make out 2 deeds? 1 deed for the lot to my son and do I need to have a new deed for the one lot that i'm keeping in my name?

    Preston’s Answer

    A quit claim deed might be the answer, but you will want to make sure there is no other lien or mortgage on the property first. When you transfer the property there will be some document taxes/stamps that need to be paid. I advise having an attorney assist you with this process.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Condo past due fee settlement

    the condo association charge 5k for past due debt that was accumulated by the previous owner. I don't believe i owe anything because the condo association has taken title to the property and rented it out for 2 years in which they collected more t...

    Preston’s Answer

    The Covenants and Restrictions will govern the relationship between the Assocaition and homeowner. If the Association has a judgment and has collected more than the amount that was owed, then that would satisfy the final judgment. Certainly, you can request information to insure that the final is satisfied or an itemization of what remains to be paid. I recommend you hire an attorney to assist you.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • My landlord is lyeing on the eviction

    my landlord has no reason to evict me . he is mad that i have sent him a letter asking him to make repair. now he hired a lawyer and said i threaten arson. because he has no other proof for eviction im paid to date and never have been late or hav...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most leases will outline the terms of the landlord's responsibilty for repairing the property. Because of the nature of the landlord's accusations, I recommend you hire an attorney to help resolve the matter amicably.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Is there a Statute of Limitations on a promissory note that was to be paid out by 2005. This was a business buyout.

    He received a large portion upfront, but was given a promissory note for the rest which was a very large amount. It was to paid completely by 2005 in semi annuall installments. The promissory note was signed by his partner. He has refused to pay a...

    Preston’s Answer

    • Selected as best answer

    The Promissory Note will govern the relationship between the lender and borrower. Most promissory notes will outline the terms of the payments. Generally, the final payment of a promissory note signifies the last date on which the promissory note can be satisfied without a breach. In Florida, the lender would generally have five (5) years in which to bring an action under breach of promissory note, but that may not preclude the lender from bringing an action for damages under another legal theory. I recommend you bring your Promissory Note to an attorney and have them review it with you.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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