Douglas Ron Coenson's Answers

Does a victim of battery have a right to compensation from the abuser?

I mostly agree with Mr. Lee's response, however, based on the information you provide, it sounds like your daughter can file a lawsuit for the intentional tort of battery. In addition to the compensatory and emotional damages mentioned in the previous response, your daughter may be entitled to punitive damages if she prevails in a civil lawsuit. The extent of the damages are irrelevant since it sounds like there are significant costs involved (i.e. ambulance and hospital bills). Because...

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Are my husband's children from the first marriage intitled to inherit any part of our house after my husband dies?

According to Florida law, if there is no will, his estate will be divided 50-50 between you and his children. You will get 50% and his children from his previous marriage(s) and with you will divide the remaining 50% equally. The estate would need to be valued before determining who gets what. Some property, depending on how it is titled may go directly to you (i.e. if the house is homesteaded and/or if you are on the title with right of survivorship). If the house is homesteaded and you and...

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My mother passed away without a will. The car is in her name only. How does my father get the title transferred to his name?

I agree with the other responses. If all you are asking about is the car, then under Florida's Probate Code, the car (if used for personal use) is exempt from probate and should be able to pass to your father by presenting a certified death certificate to the DMV. As far as other property, probate may be necessary depending on how the property is titled. Douglas R. Coenson, Esq. coensonlaw@juno.com (561) 315-2120 Jupiter, FL

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Is the personal rep in Florida allowed to use estate funds to pay bills in another state being probated there?

The Personal Representative has a fiduciary duty to properly handle the affiairs of the estate for which he/she is Personal Representative. Funds from the estate can only be used to pay obligations under that estate. Are the bills paid in the other state associated with property or debt the deceased has in the other state? If so, then the Personal Representative may be using the funds for the proper purpose. However, if the funds are truly being used for another person's estate, then the...

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When does a Power of attorney end?

The Power of Attorney terminated upon your mother's death. Probate can still be filed without a will. Before doing so, however, a review of your mother's personal and real property should be done to determine whether probate is necessary, and if so, whether the estate qualifies for a Summary Administration. If there is more than one heir, Florida requires an attorney to handle the probate. Should you have further questions or require assistance, please feel free to contact me. Douglas R....

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What can be done when someone dies and the person who had Power of Attorney thinks they are still in charge? No will/AL

You are correct in stating that the Power of Attorney terminates at death. Probate needs to be filed and a Petition for a court administered curator can be filed to protect assets from disappearing while probate is being administered.

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Find a lawyer

Yes. Attorneys are licensed through the state. So if they are licensed to practice in Florida, they are licensed to practice anywhere in the state. Douglas R. Coenson, Esq. coensonlaw@juno.com (561) 315-2120 Jupiter, FL

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A Lee county officer wrote me a ticket for no insurance on a paid off motorcycle here in Florida.

I agree with Mr. Epifanio. Mr. Thomas is incorrect in stating motorcycle insurance is required. It can be required if your are involved in an accident, but if that is not the case then it is voluntary, unlike the requirement for automobiles. Douglas R. Coenson, Esq. coensonlaw@juno.com (561) 315-2120 Jupiter, FL

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My husband has asked that I find a tax attorney.

The Palm Beach County Bar Association would be a good place to start. The phone number is (561) 687-2800. Also you can search this website as well as contact the Florida Bar Association. Douglas R. Coenson, Esq. coensonlaw@juno.com (561) 315-2120 Jupiter, FL

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Quit claim deeds

Call the Property Recorder's office and check the status. Many counties now have online searches as well. You will not receive a copy of the recorded deed unless you requested one and paid for it, so it may already be recorded. Douglas R. Coenson, Esq. coensonlaw@juno.com (561) 315-2120 Jupiter, FL

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