Jason Royce Mosley’s Answers

Jason Royce Mosley

Milton attorney.

Contributor Level 8
  1. Currently in litigation over presumption of undue influence based on a confidential relationship between father and daughter

    Answered 4 months ago.

    1. Jason Royce Mosley
    2. Peter Leo-George Tragos
    3. James E Mitchem
    4. Clifford M. Miller
    5. David Michael Goldman
    6. ···
    7 lawyer answers

    Undue influence litigation can be time consuming and last a long time. While it is difficult to assess whether your attorney is taking too long to bring this matter to resolution based on the information you've provided, there are options for bringing a case to final hearing. You should discuss a timeframe for bringing the matter to trial with your attorney. If he or she is unwilling to move the case to final trial, you may want to seek other counsel.

    12 lawyers agreed with this answer

  2. Can a PR in Florida rent property from the Estate?

    Answered 4 months ago.

    1. Jason Royce Mosley
    2. Mark Russell Lewis
    3. Robert Jason De Groot
    4. Jordan L. Donaldson
    4 lawyer answers

    There are no direct prohibitions on this type of activity. However, you will want to consult with your counsel (you do have counsel since all Florida PRs are required to have counsel if there are other beneficiaries involved) to avoid any appearance of self-dealing. Informing and receiving consent from the other beneficiaries is likely the absolute best avenue to take.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Will my overtime wages be considered when calculating my support amount ?

    Answered almost 2 years ago.

    1. Jason Royce Mosley
    2. Gregory Thomas Buckley
    3. Scott Michael Weiss
    3 lawyer answers

    In a situtation such as yours, the Court should consider a rolling average for your income rather than a snapshot four week period. The best method is to annualize your income and then divide it by twelve months. You should consult with a family law attorney to ensure that your income is being properly calculated for support purposes.

    6 lawyers agreed with this answer

  4. My mother passed away in 2002. She was married to my father when she passed. The homestead property was in my mothers name

    Answered 9 months ago.

    1. Jason Royce Mosley
    2. Mark Russell Lewis
    3. Daniel Charles Parri
    4. Betty Elaine Jones
    4 lawyer answers

    The previous answer is incorrect. The mother's death in 2002 would've left the father a life estate with the remainder to the children. At father's death, his will would not apply to the homestead. Therefore, the mother's children would own the property in equal shares. A homestead determination needs to be entered for the mother's estate to place the home in her children's names.

    Selected as best answer

  5. Can my children mother give me Power of Attorney, that will allow me to make phone call, go to bank, and discuss on her behalf?

    Answered 4 months ago.

    1. Jason Royce Mosley
    2. Barry Evan Haimo
    3. David Michael Goldman
    4. Ivette M Santaella
    4 lawyer answers

    She could certainly executed a properly drafted durable power of attorney to allow you to handle any financial matter for her. She should speak to an attorney to have that drafted.

    5 lawyers agreed with this answer

  6. Do I have grounds for defamation? My sister, is accussing me, verbally & in writing of hiding and taking addenddum to Will?

    Answered almost 2 years ago.

    1. Jason Royce Mosley
    2. Scott Douglas Camassar
    3. Christian K. Lassen II
    4. Clifford M. Miller
    4 lawyer answers

    While you probably don't have a defamation suit, you and your brother can certainly initiate a partition action to force the sale of the home without your sister's consent. You should consult with an attorney knowledgeable in both probate and real estate.

    5 lawyers agreed with this answer

  7. Taxes and inmigration progress!!! urgent!!

    Answered almost 2 years ago.

    1. Jason Royce Mosley
    2. Kyndra L. Mulder
    3. F. J. Capriotti III
    3 lawyer answers

    As long as you were legally married and both she and your stepson reside with you, you should have no problem claiming the stepson as a dependent on your taxes. Your wife will change your filing status to "married filing jointly" and this will increase your tax bracket, the amount of your standard deductions, and the total number of exemptions claimed.

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  8. My father passed away Jul 2012 Pensacola. I was never notified by my siblings. Do I have a right to view the trust agreement?

    Answered 4 months ago.

    1. David Michael Goldman
    2. Jason Royce Mosley
    3. Shelley Ann Elder
    3 lawyer answers

    Your right to review the trust agreement will depend upon the contents of the trust agreement. As for other rights, that will also depend upon the situation and facts of your case. I would be happy to discuss the matter further with you.

    4 lawyers agreed with this answer

  9. If a grandparent sets up an irrevocable insurance trust for a minor grandchild-can the grandchild's parent be the trustee.

    Answered almost 2 years ago.

    1. Jason Royce Mosley
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    Anyone can serve as trustee of an irrevocable life insurance trust (ILIT) in this situation. The real key is making sure that the ILIT is fully utilized for its intended purposes. If the grantor (the grandparent in this case) doesn't want to file a gift tax return on the insurance premiums, the payment of the premiums will have to be accomplished through the use of "Crummey" letters (as mentioned above). The "Crummey" letter gives the beneficiaries of an ILIT a "present interest" in the...

    4 lawyers agreed with this answer

  10. Will we have to go thru probate?

    Answered almost 2 years ago.

    1. Lawrence Jay Davis
    2. Gerald J Donnini II
    3. Jason Royce Mosley
    3 lawyer answers

    The DMV may allow you to transfer the title as mentioned by some of the other attorneys, but in my experience, this is only allowed when transferrring the vehicle title to a surviving spouse. Further, if the trailer is actually considered as real property (and no longer considered a mobile home), then a probate will be necessary. If a probate is required (either by DMV or by reason of the nature of the mobile home), a summary administration can be utilized rather than a formal administration.

    4 lawyers agreed with this answer