Scott Rosen’s Answers

Scott Rosen

Fort Lauderdale Business Attorney.

Contributor Level 7
  1. If tenant moves after residential eviction filed, but before default judgement entered, do I need to drop possession count I?

    Answered over 3 years ago.

    1. Scott Rosen
    2. Marshall C Deason Jr.
    2 lawyer answers

    If the tenant surrenders possession (1 of only 4 legal ways you can recover possession under residential landlord/tenant law per Section 83.59 (3), Florida Statutes), you have no need to pursue the possession count so dropping it would be your best bet. You can always simply not proceed on that count (basically, the same thing). As far as a non-military affidavit, you must submit one to get a default against an individual. Depending upon where you are, it is possible to use a foreign notary...

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  2. "The balance of my estate to be included in a trust at my death to support a foundation in my name."

    Answered almost 4 years ago.

    1. Scott Rosen
    2. April Denise Hill
    3. Steven J. Fromm
    4. Michael S. Haber
    5. Eliz C A Johnson
    5 lawyer answers

    If this is in the will, it would be the obligation of the personal representative to attempt to carry out this provision. With that said, the will provision you quote is very vague and asent any other provisions of the will regarding this issue, the court should be petitioned to clarify this provision and guide you in the establishment of the trust and/or the foundation. The value of the estate is one thing to consider when pursuing this and also, notice and an opportunity to be heard on the...

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  3. How can I change the marital status on my brother death certificate?

    Answered almost 3 years ago.

    1. Scott Rosen
    2. Blaise E. Picchi
    3. Robert Jason De Groot
    3 lawyer answers

    While certain errors on death certificates can be changed by affidavit or by the funeral home, the one you're talking about requires a court order. If there is an estate proceeding that's pending in probate court, the probate judge could be asked to enter the necessary order. If there is no probate proceeding, some type of probate case would need to be opened up in order to have a vehicle through which this order could be obtained.

    2 lawyers agreed with this answer

  4. The probate attorney"A" for my parents' estate whom I dealt with during probate as a beneficiary gave me some info.

    Answered almost 3 years ago.

    1. Blaise E. Picchi
    2. Scott Rosen
    3. Robert Jason De Groot
    3 lawyer answers

    It's a difficult question given the information presented but a few thoughts would be: (a) obtain a copy of the probate file which should give you some information, or b) write a letter to the judge in whose division your probate case falls explaining the situation and request that he set a status conference. However, although (b) is the best scenario, it's problematic if the case is closed which is what I'm inferring from some of your comments. You probably need to retain counsel to re-open...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Is an article of Incorporation same as the article of organization?

    Answered almost 3 years ago.

    1. Marshall C Deason Jr.
    2. Aaron James Irving
    3. Robert John Murillo
    4. Scott Rosen
    5. Gustav Lloyd Schmidt
    5 lawyer answers

    They are both documents that create business entities but articles of incorporation create a corporation and articles of organization create a limited liability company (LLC).

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Withholding money from security deposit for normal wear and tear

    Answered over 6 years ago.

    1. Scott Rosen
    2. Eric Aaron Jacobs
    2 lawyer answers

    A security deposit is to make sure the tenant faithfully performs his or her obligations under the lease. The tenant's obligations are set forth in the statutes and the lease. There's nothing in that statute you cite about "normal wear and tear" being something that's excluded from the possibility of a security deposit claim by a landlord. What did the lease say? Also, there are statutory requirements for how a tenant demands a return of their security deposit and how a landlord can make a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. My renter has not paid for 3 months and is breaking her lease and leaving..how can i get the money im owed.

    Answered about 2 years ago.

    1. Cristen Heather Messina
    2. Scott Rosen
    3. Barry Evan Haimo
    3 lawyer answers

    The prior attorney's response is accurate about what you can do but let me add this - if the tenant is not paying rent, what you may end up with is nothing more than a piece of paper from a judge (a final judgment for damages) saying the tenant owes you money. Collecting the judgment is a completely different matter and that oftentimes proves more difficult than getting the judgment in your favor.

    1 lawyer agreed with this answer

  8. Does the ward have the right to see for herself the guardianship papers

    Answered almost 4 years ago.

    1. Susan E. Gregory
    2. Scott Rosen
    3. Eliz C A Johnson
    3 lawyer answers

    Notwithstanding the fact that a determination of incapacity is made by a court, a ward maintains a substantial number of rights. By way of example, every ward maintains the right to counsel, to access to the courts, to be treated humanely and with dignity and respect, to receive appropriate services, education, financial management, etc. Practically speaking, however, exercising some of the ward's rights can be difficult. Depending upon the status of the guardianship, the ward's court...

    1 lawyer agreed with this answer

  9. Procedure for getting a power of attorney in florida state

    Answered over 6 years ago.

    1. April Denise Hill
    2. Marc Jeremy Soss
    3. Scott Rosen
    4. Lisa Renee Wilcox
    4 lawyer answers

    No, only a competent individual can designate an attorney-in-fact (the appointee's name under a power of attorney). If he is not competent to make decisions, you would need to file incapacity and guardianship proceedings in the mental health/probate/guardianship court of your local circuit court. That would result in the court inquiring as to his capacity and deciding if a guardian should be appointed to take care of his personal and financial affairs.

    1 lawyer agreed with this answer

  10. Does Florida Statute 733.6171 apply to more than one attorney?

    Answered almost 3 years ago.

    1. Blaise E. Picchi
    2. Scott Rosen
    3. Robert Jason De Groot
    3 lawyer answers

    If all interested persons don't agree to the fees, the attorneys can get whatever the judge says they can get. They would have to petition the court for fees (note that they can get additioal fees for having to take this step!), give notice to all interested persons (i.e., by giving them a copy of their fee application petition and letting them know when the petition will be heard by the court by sending a notice of hearing) and whatever the court orders they are to be paid is what they will...