Brian Mitchell Rowland’s Answers

Brian Mitchell Rowland

Jacksonville Intellectual Property Law Attorney.

Contributor Level 10
  1. Are forms from US legal Forms Inc.(Florida Last Will & Testament Pkg. )Good to use and legal?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Barry A. Stein
    3. Carol Anne Johnson
    4. Paul A. Smolinski
    5. Brian Mitchell Rowland
    5 lawyer answers

    I agree, many lawyers will travel to hospitals, nursing homes, personal residences, etc., to assist. While form documents may suffice, there are particulars that should be discussed with the client and there can be serious negative ramifications if execution of the documents is faulty.

    4 lawyers agreed with this answer

  2. Can the tenants withhold rent? What do I need to do to evict them?

    Answered over 5 years ago.

    1. Brian Mitchell Rowland
    2. Dominick Christopher Russo
    2 lawyer answers

    Based strictly on the facts you gave above, the mere recording of a Lis Pindens should not mean they have a right to withhold rent. Granted, if there is a foreclosure, their rights can be cut off and they'd be forced to leave. But so long as you are providing them possession of the premises and all else remains the same (condition of the premises, etc), then the mere filing of the LP should not inhere rights to them. Consider this: because you have certain rights of redemption, even in...

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  3. Can your condo association fine you with no proof or evidence, even when you have requested it?

    Answered about 5 years ago.

    1. Brian Mitchell Rowland
    2. Alan James Brinkmeier
    3 lawyer answers

    There are limits in Florida condominium law as to how much a fine can be and how it is to be levied. Fines must also be permitted by your governing documents. F.S. 718.303(3) addresses this: (3) If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. No...

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  4. My wife and I need to have our last will and testaments created, along with living wills.

    Answered about 2 years ago.

    1. Kristopher Robert Reilly
    2. Paul A. Smolinski
    3. Marc Jeremy Soss
    4. Brian Mitchell Rowland
    5. James P. Frederick
    5 lawyer answers

    There are so many variables in creating Will and related testamentary documents such as Living Wills, HealthCare Surrogacy, Power of Attorney, etc. There is simply no way I can imagine that an interactive webs site can "know" your personal needs and answer your questions like having a local attorney you can reach out to. There is no way a website can discuss with you the reasons such documents are recommended or necessary. Our lives are simply too complex and varied. An appropriate...

    2 lawyers agreed with this answer

  5. I purchased my homes during my second marriage with my deceased husbands money that I inherited from his death.

    Answered 9 months ago.

    1. Michael R Varble, Esq.
    2. Michael David Myers
    3. Lee Alan Thompson
    4. Christian K. Lassen II
    5. Tami Lane Augen
    6. ···
    7 lawyer answers

    I assume you are asking whether you have to share money with your second husband because you purchased the home with funds inherited form your first husband. I'll respond on that basis. First, inherited money and property bought from it can be deemed non-marital property in the second marriage, but you will need to consult a family lawyer about that and I do hope you have a good paper trail. A lot of factors could come in to the picture, including whether your second spouse has expended...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I rented off craigslist

    Answered 8 months ago.

    1. Carol Lynne Zimmerly
    2. Robert Jason De Groot
    3. Brian Mitchell Rowland
    4. Cheryl Rivera Smith
    4 lawyer answers

    My initial reaction is that IF you were induced into a lease by fraud you probably have no liability. Seek an attorney's advice. My instinct (not legal advice) is to keep all your documents, write down (in your handwriting) everything you remember about the transaction (who, what, when, where) and date the written notes. As practical advice, I would go ahead and look for somewhere else to live but I would not leave until I got a release from the fraudster and the actual property owner. Be...

    1 lawyer agreed with this answer

  7. I found a screw in my sons pizza it was baked in what should i do

    Answered over 3 years ago.

    1. Brian Mitchell Rowland
    2. Christian K. Lassen II
    3. Steven Alan Fink
    4. Andrew Daniel Myers
    4 lawyer answers

    WIthout damages you have no case. While I see where others here instruct you to "raise hell", I would recommend you calmly and politely go to the pizza restaurant and tell them so they can find out why it happened, prevent it from happening again and hopefully prevent a serious injury. If you're lucky (and they're smart) they'll give you a few gift certificates and thank you - but in either case, you'll have the satisfaction of knowing you helped prevent this from happening to someone...

    1 lawyer agreed with this answer

  8. Can I sue or are there any remedy choices? I bought a new mobile home. I ordered to be handicap accessable for my wife & it did'

    Answered over 3 years ago.

    1. Brian Mitchell Rowland
    1 lawyer answer

    This really depends on a couple of basic questions: (1) did you specifically order the handicapped-accessible modifications in writing or at least verbally with witnesses who can reliably attest to it, and (2) when the mobile home arrived, did you inspect and sign off on it stating it is satisfactory and to the correct specifications? If the answer to (1) is "yes" and the answer to (2) is "no" - your case is strengthened. Do you have a case without those questions answered yes/no? ... It...

    1 person marked this answer as helpful

  9. I was lied to about my beneficial interest in an estate

    Answered over 4 years ago.

    1. David Michael Goldman
    2. Brian Mitchell Rowland
    3. Alan James Brinkmeier
    3 lawyer answers

    Unless the duly executed documents for the estate (e.g. the Will or a Trust) provide for you to receive more, you're probably in no position to exercise any rights. Unfortunately, verbal promises or statements simply don't have any power to be effective testamentary gifts - such gifts have to be made either before death or after death pursuant to duly executed documents. If you have writings that may supersede a will or which you believe are disposative of the matter, you should see an...

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  10. Questions: 1) Is the Management Company responsible for the $900 water bill.2) Are they responsible to fix the to fix the toilet

    Answered about 5 years ago.

    1. Brian Mitchell Rowland
    1 lawyer answer

    If the property management company does not have a contract directly with you, this may not be a breach of contract issue, but the negligence of the workers could give rise to liability. Before the facts grow stale you should contact an attorney to make a demand for payment of the damages (the difference in a typical water bill and the amount of the increases, and the repair to the toilet). A properly crafted letter asserting contract (if applicable) and/or negligence claims should elicit...

    1 person marked this answer as helpful