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Jason Royce Mosley

Jason Mosley’s Answers

31 total

  • My Client has a Judgment for a lot he purchased in NC between 4 people under a corporation & now he wants to sell his home in FL

    We just got a contract from a Buyer interested in purchasing his home in Broward. He has homestead in this property. What are the chances that they will keep some of the Proceeds to cover that Judgment ($135k)

    Jason’s Answer

    I agree generally with the prior answer. However, if the judgment is against the corporation AND the judgment hasn't been domesticated and recorded in Florida, there is virtually ZERO chance the judgment will encumber the proceeds of the sale of your client's homestead property.

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  • How do I become an interested party in a guardianship?

    My parents have a guardian that was appointed by the courts one year ago. I was told that I would be notified and allowed to attend any meetings or told what was going on with my parents. However, this does not happen. (Two of my siblings had f...

    Jason’s Answer

    "Interested Party" is a statutorily defined term. However, in order to receive notice (though you likely should have anyway) of proceedings, the safest method is to file an appearance (generally through counsel) in the proceeding.

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  • Can a PR in Florida rent property from the Estate?

    I'm Personal Representative of my father's estate and I would like to rent an office from my dad's building that's part of the estate inventory. It will be an LLC & I'd be the signing agent and pay what any tenant would pay for that unit; pending...

    Jason’s Answer

    There are no direct prohibitions on this type of activity. However, you will want to consult with your counsel (you do have counsel since all Florida PRs are required to have counsel if there are other beneficiaries involved) to avoid any appearance of self-dealing. Informing and receiving consent from the other beneficiaries is likely the absolute best avenue to take.

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  • Is my IRA protected against creditors in the state of Florida.

    I've been contributing to a regular IRA account for many years but due to high medical bills I'm afraid I my lose all of my IRA savings. Can the state of Florida allow a hospital to take my IRA money to pay medical bills?

    Jason’s Answer

    Your IRA is exempt from creditors' claims in the State of Florida under Fla. Stat. 121.131 and 222.21. You should consult a lawyer to discuss other creditor exemptions and how your assets may be protected from medical bills.

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  • Currently in litigation over presumption of undue influence based on a confidential relationship between father and daughter

    Brother (who is a wealthy doctor), is litigious w/lawsuits (24 in Orange county) and has pursued a 7 year legal action against me (his sister). He was unhappy that our father was gifting my family 20 years while he was living w/us, and I was his 7...

    Jason’s Answer

    Undue influence litigation can be time consuming and last a long time. While it is difficult to assess whether your attorney is taking too long to bring this matter to resolution based on the information you've provided, there are options for bringing a case to final hearing. You should discuss a timeframe for bringing the matter to trial with your attorney. If he or she is unwilling to move the case to final trial, you may want to seek other counsel.

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  • My father passed away Jul 2012 Pensacola. I was never notified by my siblings. Do I have a right to view the trust agreement?

    I have a copy of last will & testa from public records santa rosa county. my brother was nominated personal representative and i was not contacted I learned of his passing through media svc solicitation at Arlington Cemetery

    Jason’s Answer

    Your right to review the trust agreement will depend upon the contents of the trust agreement. As for other rights, that will also depend upon the situation and facts of your case. I would be happy to discuss the matter further with you.

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  • My mother passed away in 2002. She was married to my father when she passed. The homestead property was in my mothers name

    solely. My father passed away last year. He had a will leaving my mothers property to my sister and her child. Property had never been probated, but were trying to get it done asap. My sister is the executor over my fathers will. My mother had n...

    Jason’s Answer

    • Selected as best answer

    The previous answer is incorrect. The mother's death in 2002 would've left the father a life estate with the remainder to the children. At father's death, his will would not apply to the homestead. Therefore, the mother's children would own the property in equal shares. A homestead determination needs to be entered for the mother's estate to place the home in her children's names.

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  • Will my overtime wages be considered when calculating my support amount ?

    If I work 28 days on , and 14 days off , how will the court or judge determine my child support amount ? Will the total premium due be based on a 4 week month , even though In not working 4 weeks every month ?

    Jason’s Answer

    In a situtation such as yours, the Court should consider a rolling average for your income rather than a snapshot four week period. The best method is to annualize your income and then divide it by twelve months. You should consult with a family law attorney to ensure that your income is being properly calculated for support purposes.

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