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Jason Lowell Odom

Jason Odom’s Answers

18 total


  • Does a revocable living trust terminate the trust at the death of the grantor?

    Does a revocable living trust terminate the trust at the death of the grantor? Meaning, if the grantor of the trust died on Jan 1, 2o15, and the trust (and investments within the trust) were liquidated on Feb, 1 2015, do all trust assets (includin...

    Jason’s Answer

    The revocable trust becomes irrevocable on death of the grantor of the trust. There may be stepped up basis in any securities the trust owned that would affect any potential tax. You may need a CPA to figure that out

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  • Can I sue my guardianship attorney for wrongful conduct for misadvising me and causing me to commingle trust and guardianship $?

    When I became my father's plenary guardian in Florida in late 2009 I knew nothing about guardianship responsibilities and I wasn't exactly sure what a 'trust' even was. My father had a trust which owned all his assets, but my guardianship attorne...

    Jason’s Answer

    In Florida, the fiduciary (you as guardian) has a responsibility to properly handle the assets. Your question says funds were commingled, but that does not appear to be the case per your description. It appears that a guardianship was established, so funds were properly put into that account. Now that your father is deceased, the guardianship should be closed, and his assets flow through his estate plan

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  • Brother died retired vet No will found.How do I find out if he had a will and obtain authorization to handle his affairs?

    He died 2/15. Never married. He retired from US Airforce in 2014. Was a wounded combat veteran. How do I establish if there is a valid will made while in the military? In the state of Florida what do I need to do to be able to handle his affairs...

    Jason’s Answer

    All good suggestions below. Another option is to contact the local bar associations and ask them to ask their members if they prepared a will for your brother

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  • Can a job withhold my comp time I earned after I quit?

    I gave my notice stating that I will not be returning to work at the at will employment company in Florida. I contacted HR to find out when will I get my comp time I earned over the period of me being there and was told since I didnt give a notic...

    Jason’s Answer

    Compensatory time is not legal in private employment, so you likely have a claim for unpaid overtime

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  • Can I sue my employer?

    I know fl is right to work But at any point can one sue their employer? My employer recently told me I was let go from a contRact. I have been with co 11 years though and does not make sense that I'll now be demoted to less paying job at $ 15 I am...

    Jason’s Answer

    The short answer is, yes, you can sue your employer for wrongful termination in certain circumstances. The most common wrongful termination cases involve harassment or discrimination based on race, gender, disability, religion, and national origin, among others. Additionally, claims can be made under Florida's whistleblower statute if you are fired for disclosing illegal activity. In your case, you mention a contract. If you have a written contract, the terms could constitute an exception to Florida's at-will employment doctrine. For example, if it limits or prescribes the ways in which you can be terminated, that could dictate whether your termination was proper. I hope this helps.

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  • Can the city fire me because I voiced my concerns about an unsafe work situation at a city meeting even if I was still on probat

    I worked for a city at the city golf course for 60 days. The city had a SAFE meeting for women employees given by the city police department. At the meeting the police asked if anyone had any concerns. A few women spoke up. I said I was concerned ...

    Jason’s Answer

    You could possibly have a whistleblower claim if your complaint was based on health, safety, or welfare of the community. Are you sure the City said you were fired specifically for talking about the golf course, and not some other work related reason? I would need to know more specifics about the situation to know for certain if your complaint qualifies for whistleblower protection.

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  • Can my employer cut my pay up to 25% for not consistently following the business polocies?

    Today I was clocking in at work and there was a notice informing all employees that if they were continuing to break polocies that their pay would be cut up to 25% depending on which polocies are broken and how often these polocies are broken. Som...

    Jason’s Answer

    The short answer is yes, unless you have an employment contract that says otherwise. However, the employer cannot unfairly cut pay for these violations based on race, gender, disability, etc. In other words, if pay is cut for women who violate the policy, then you have cut pay for men who do the same thing.

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  • What do you do when employer harasses you, but you like the job and do not want to loose it

    what do you do when an employer holds you under surveillance in your home to humiliate you, interfere with your personal life, treats you differently from all other employees and then terminate your employment without any reason - you have to ac...

    Jason’s Answer

    What is the harassment? Is it based on gender, race, etc.? If so, that could be illegal. Need more details to provide a better answer.

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  • I was fired for having an accident yet other drivers who had accidents were not fired

    iwas fired for having a preventable accident no one was hurt no one was injured no tickets had worked same company 20 yrs

    Jason’s Answer

    You are likely an at-will employee, which means your employer has the ability to terminate your employment for any reason. The exceptions would be discrimination. If you are a member of a protected category (race, gender, disability, etc.), and the others who were not fired are not of that category, you could have case. You need to consult an employment attorney.

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