marconews.com Stories: It's the Law

It's The Law: Security deposit gets special treatment

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 13 Jun 2013 16:51:00 -0000

Q: I am having some problems with my landlord. We are near the end of our lease and I am concerned he will keep the security deposit. What are my rights? A: I assume you are a residential tenant. Florida law provides substantially greater protection for r

It's The Law: Sperm donor is not a parent

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 30 May 2013 19:05:00 -0000

Q: A while back, I agreed to be a sperm donor for one of my friends. We did this informally and did not go through a doctor's office. We agreed that I would have no involvement with the child and was solely serving as a sperm donor. Now, she is asking for

It's The Law: Condominium disclosure required for all buyers

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Mon, 20 May 2013 14:03:00 -0000

Question: I am buying a condominium and have heard there is mandatory seller disclosure. Can you explain? Answer: Florida's legislature apparently believes condominium buyers require special attention. The legislature confirms that position through Sectio

It's The Law: Stock might be effective, even though not complete

Mon, 13 May 2013 16:13:00 -0000

Question: My father was signing over some stock to me and before he finished changing the name of the certificates, he died. My sister claims the stock is now part of his estate and is not mine. That would mean she gets half. Is she right?

It's The Law: Tax sale certificates are not deeds

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Mon, 29 Apr 2013 18:38:00 -0000

Question: I understand that you do not lose title to your property if you do not pay taxes. Instead, some type of tax certificate is issued. Can you explain?

It's The Law: Adoption of a girlfriend can be problematic

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 18 Apr 2013 18:33:00 -0000

Q: I heard something recently about an old man who wanted to adopt his girlfriend. Is that legal? A: Adoption terminates the status of parent and child with a former parent and replaces it with a new, legal relationship. An adopted child is treated as if

It's The Law: Condominium can install hurricane protection

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Wed, 10 Apr 2013 08:00:00 -0000

Question: Hi. My condo complex board decided to let everyone change out their sliding doors and windows to hurricane proof type, only for the owners who wanted them. Now they are talking about forcing the rest of the owners to this upgrade. My question is

It's The Law: Where there’s a will ... Last testament can impose marriage restrictionscan

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 17 Mar 2011 21:04:00 -0000

Q: My father has a clause in his will that I only get something if I am married to a person of a particular religious faith. Is that legal? A: The right of a person to include restrictions on a gift in his or her will has long been recognized in Florida. That right is similarly recognized throughout the country, although it can be limited where the restriction is against public policy.

It's The Law: Income vs support

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 14 May 2010 17:11:00 -0000

Q: I have a friend who is getting divorced. She is asking for alimony and child support but her husband has cut back on his work so he can show the court he makes very little money. Is that fair? A: Even though the parties may characterize the judge’s decision as fair or unfair, the concept of fairness rarely controls the outcome in court. Judges are generally required to apply statutes or established case law to the facts of the case. That application determines the outcome. Income of the parties is a major factor in determining the amount of child support or alimony. That makes the issue of unemployment or underemployment often litigated in divorce cases.

It's the law: Mediation can resolve lawsuits

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 19 Feb 2010 22:11:00 -0000

Mediation is a process under which a neutral mediator works with parties in a lawsuit in an effort to reach a settlement. The mediator does not issue a decision, but acts as a facilitator. Mediation does not end a lawsuit unless the parties reach a settlement agreement.

It's the Law: Probate need not be a daunting process

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Tue, 29 Dec 2009 20:50:00 -0000

Q: My mother recently died and her Will appoints me to administer her estate. Can you give me a brief outline of Florida probate?

Law Q&A: Don’t count on your banker for protection

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Wed, 09 Dec 2009 12:18:00 -0000

Q: A while back, I borrowed money from the bank to buy some real estate. The initial interest rate was very low, but it was adjustable. The interest rate has increased and I can not afford the payment. I think my banker should have warned me. Do I have a claim against the bank for breach of fiduciary duty?

It's the Law: Title can be acquired by adverse possession

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 22 Oct 2009 21:57:00 -0000

Q: I am buying a house and had the property surveyed. The survey shows my neighbor planted a hedge three feet onto the property I am buying. I do not want to make a problem for him, but I am worried that he will end up owning the property on his side of the hedge. I have heard about acquiring title by adverse possession. Can the neighbor end up with title to that strip of land by adverse possession?

It's the Law: Virtual adoption can create heirs

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 15 Oct 2009 22:06:00 -0000

Q: A friend of mine was raised by his uncle from the age of two. The uncle died without a will. The uncle’s other children now claim that my friend has no right to share in the uncle’s estate. Is that true?

It's the Law: Court-ordered virtual visitation is possible

Thu, 08 Oct 2009 21:57:00 -0000

Q: I am divorced. My company is downsizing and moving our entire operation to North Carolina. I currently see my children and all of their school events and they stay with me every other weekend. Since I will not be able be with my kids on the same schedule after I move, is it possible the court will modify our program?

It's the Law: Condos exempt from fair debt collections

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 01 Oct 2009 22:24:00 -0000

I am on a condominium board of directors. Some of our owners are not paying their assessments and others refuse to pay fines. We sent a demand letter and the owner claims that we are in violation of the Fair Debt Collection Practices Act. Can you explain?

It's the Law: Alimony modification requires real changes

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 24 Sep 2009 22:30:00 -0000

Q: My ex-wife is talking about taking me back to court for more alimony. Can she do that?

It's the Law: Foreclosure law explained

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 17 Sep 2009 22:14:00 -0000

Q: A friend of mine is in mortgage foreclosure. He does not know what will happen next. Can you explain the foreclosure process?

It's the Law: Custody changes are not easy

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 10 Sep 2009 22:26:00 -0000

Q: My spouse got custody of our children in our divorce. I have since remarried and am doing well financially. I think our children would be better off with me. How difficult is it to change custody in Florida?

It's the Law: Drug possession could lead to prison sentence

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Tue, 08 Sep 2009 22:15:00 -0000

Q: My brother was arrested for possession of marijuana. Someone told us that possession of marijuana is a felony and he could actually go to jail! Is that true? How are drugs classified and are some drugs considered worse than others?