Questions answered by Dennis Michael Phillips

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Can a court award attorney's fees if they are not pleaded?

Dennis's answer | Answered on August 11, 2013

Yes. An OJ or PFS can't even be filed until after an Answer has been filed; and the right to the attorney fees is created in the OJ or PFS.

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Does an offer under F.S. 768.79 have to be filed to be valid?

Dennis's answer | Answered on August 11, 2013

The offer of judgment is confidential as to amount and terms; but a notice that you served it gets filed in the court file. You serve the actual...

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My uncle passed, 1 month ago. I have a will naming me as sole heir, written 1984. Need to find out if will is still valid.

Dennis's answer | Answered on August 11, 2013

No, an heir is generally not liable for the debts of the decedent; but there are some income taxes that pop up like on IRAs and some other...

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Lost amniocentesis sample at hospital

Dennis's answer | Answered on August 10, 2013

I suggest contacting a medical negligence (malpractice) attorney directly to inquire about this. Betsey Herd is in Hillsborough County; and she is...

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Husband passed away before a settlement for a personal injury case was resolved. Now the case will be settled next week.

Dennis's answer | Answered on August 10, 2013

I would want to talk to your personal injury attorney to see whether he or she could request the insurer or defense attorney to agree that most of...

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Will i have to pay tax on an inheritance from a foreign country

Dennis's answer | Answered on August 10, 2013

She won't have to pay the IRS for receiving an inheritance; but that doesn't mean that no taxes will be due. Sounds contradictory, right? Watch...

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"Experienced" Tampa Florida Probate atty flubs 1st try on simple Petition, 30 days to dismissal

Dennis's answer | Answered on July 29, 2013

Don't be too quick to judge the attorney. With the new e-filing portals that we are forced to use (and pay extra for, as a "convenience"), there...

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Can a person who is outside USA purchase house or apartment in Florida by power of attorney?

Dennis's answer | Answered on July 29, 2013

That person needs to be aware of a number of tax issues dealing in US realty for foreign owners.

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Can I incorporate my Mother’s Will assets that I am entitled to after her passing into my own personal Will?

Dennis's answer | Answered on July 29, 2013

Generally, a residue clause in a Will includes everything you own at the time of your death. This would include things you inherit between the...

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If my brother receives power of attorney for our mother, will he have access to a joint bank account between my mother and I?

Dennis's answer | Answered on July 29, 2013

You sound concerned that he would take the money from the account. In that case, then you might want to empty the account first, if you can. That...

Dennis Michael Phillips's Answers (2320)

Can a court award attorney's fees if they are not pleaded?

Does an offer under F.S. 768.79 have to be filed to be valid?

My uncle passed, 1 month ago. I have a will naming me as sole heir, written 1984. Need to find out if will is still valid.

Lost amniocentesis sample at hospital

Husband passed away before a settlement for a personal injury case was resolved. Now the case will be settled next week.

Will i have to pay tax on an inheritance from a foreign country

"Experienced" Tampa Florida Probate atty flubs 1st try on simple Petition, 30 days to dismissal

Can a person who is outside USA purchase house or apartment in Florida by power of attorney?

Can I incorporate my Mother’s Will assets that I am entitled to after her passing into my own personal Will?

If my brother receives power of attorney for our mother, will he have access to a joint bank account between my mother and I?