Archived
In the circumstance of a wrongful death lawsuit of a parent does the power of attorney have a say in the distribution of funds?
Jonathan's answer
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Answered on October 01, 2016
I agree with the previous answer. In order for a person to prosecute a wrongful death case, a probate estate must be opened (that means a judge is...
Can someone please explain this "Florida homestead laws on descent and distribution"?
Jonathan's answer
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Answered on September 30, 2016
Google Rohan Kelley's 2-part article in the Florida Bar Journal from a few years back. It is not necessarily simple stuff, but essentially there...
Archived
Can I have my down payment back?
Jonathan's answer
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Answered on September 28, 2016
Your question does not state whether you have the car, or whether you gave them the down payment, then left with no car, pending the financing...
Archived
Personal Representatives 3% Compensation
Jonathan's answer
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Answered on September 28, 2016
Doesn't hurt to petition the court for what you want. Ask your attorney to put your statutory commission in the final accounting, and maybe ask...
Archived
Henry Schein Dental Wants To Charge Us $24,000 "Re-stocking Fee" When We Want To Return Machine A and Purchase Machine B.
Jonathan's answer
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Answered on September 28, 2016
Speak to an attorney about the possibility of filing a declaratory judgment action. This is a type of case wherein the judge is being asked for...
What do I do if my mother is withholding my inheritance left from my grandfather in his will?
Jonathan's answer
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Answered on September 16, 2016
First, there is the matter of determining if the will you have a copy of is the final, definitive will (that is was not later superceded by a...
Archived
Does an out of state contract have to filed/notarized to be legally binding?
Jonathan's answer
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Answered on September 15, 2016
Under Florida law, a contract does not need to be notarized in order to be binding. But the contract law from state to state can differ, so you...
Archived
CAN I GET " LETTERS OF ADMINISTRATION "
Jonathan's answer
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Answered on September 13, 2016
I agree with the previous answers. Have an attorney open an estate for your late wife, then you will be appointed Personal Representative...
Archived
How do we resolve this matter when none of the involved parties have any real money to throw into court cost and legal fees???
Jonathan's answer
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Answered on September 08, 2016
From the facts you have given, you may need to file what is called a partition action, through which a judge forces a sale of the property, so that...
Archived
How can a person gain legal guardianship of himself and claim independence when his guardian is deceased?
Jonathan's answer
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Answered on September 04, 2016
There is a court procedure for presenting a petition to terminate the guardianship, whether due to reaching age of majority or removal of an...
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