David Jule Gruskin's Answers

My 21 year son died unexpectedly 2 weeks ago with no will or estate.

You may be able to go the probate clerk in the county your son lived in a file a Disposition of Personal Property Without Administration if the bank accounts do not exceed the amount of funeral expenses ($6,000) and hospital expenses of the last 60 days of the last illness. This procedure is usually done with the Clerk and without a lawyer.

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Am I entitled to have of my husbands inheritance

The basic answer is no, money inherited is not marital property as long as it is not mingled with marital assets. But, if you have been separated for 5 years and you want a divorce you may wish to consult with a local attorney anyway.

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Can I hold my rent back if the landlord wont fix things around my apt..

This is a very tricky issue under Florida law. I am attaching a link to the statute that describes the procedure to use when the landlord violates the lease. The statute also links to the statute that lists what the landlord is required to do even if the lease doesn't list the duties. However, as I stated this is very tricky to do right and you definitely should consult with an attorney experienced in this area before proceeding.

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If I provide all the documentation ask for by Bank of America do they have to grant me the modification?

In addition to the good advice given in the 1st answer, I suggest you check out the website at the link below. You can speak with the people at Neighborhood Home Solutions at no charge and they are supposed to have a good record of helping people stay in their homes.

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Can wife be held responsible for husband's credit card debt when cards are in his name only?

You should not be responsible for these debts if you did not sign for them or use them. Why do you ask? Are they trying to get you to pay them? Do not agree to anything and do not make any payments. You should also obtain free copies of your credit reports from the website linked below to see if these debts are appearing on your credit reports. If so, you must dispute the debts as explained on my website, also linked below. Keep a detailed log of all contacts with the creditors if they are...

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Can I find out if my bank is levied, before making a deposit?

If you are concerned about a garnishment do not deposit funds in the account because you may not get them back. You should also check the garnishment procedures in your state to see how it is done and if you are entitled to any exemptions, and if your are how to assert the exemption.

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Florida child support enforcement? Really?

That is a good question. Sometimes CSE can help sometimes they can't. In some cases no one can if the payor doesn't have a job or is determined not to pay. You don't provide information as to his ability to pay such as whether he has any assets or income. If the answer is no, it may be hard to collect. If you think he can pay something you should see a private attorney for advice. A lot of times a private attorney can help when CSE can't.

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How do i obtain my moms house in fla if she wills it to me because i have sibling who will fight it and i'm the 1 who cares for

This is up to your mother because it is her house. If she wants to give it to you she can leave it to you in her will and she should see a lawyer to draw up the proper papers. There are other ways she can accomplish this and she should consult a Florida lawyer to discuss her options and decide which way is best for her. A lawyer can make sure it is done properly for a minimal fee. I have seen a lot of people try to prepare deeds, wills and other legal documents by themselves and a large...

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I received my final notice of eviction on Friday to be out in 24 hrs.

Mr Picchi gave you the absolute correct advice. The Sheriff has to arrange your removal with the landlord, but it is possible that it could happen Saturday. You cannot count on staying past the 24 hours. If you do not remove your belongings they will be placed on the curb.

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Are Common law marriages marriages?

Although Florida does not have common law marriage anymore, it will recognize a common law marriage that was valid in another state.

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