lt's The Law: Seller has options when buyer defaults
Published 10/22/2013 at 10:38 a.m. 0 comments
Question: I have a contract for sale of my condominium. The buyer told me he no longer wants to close. Assuming the buyer fails to close, what options do I have? Answer: In any breach of contract case, the first ...
lt's The Law: Homeowner association has super priority – usually
Published 10/15/2013 at 8:46 p.m. 0 comments
Question: I am president of a homeowners association. I have been told that Florida law gives homeowner association liens a super priority. Is that correct? Answer: Section 720.3085 of Florida statutes attempts to give homeowner association liens super pr
lt's The Law: Promise to make a will must be written
Published 10/9/2013 at 4:00 a.m. 1 comment
Question: My neighbor offered to leave me a substantial gift in his will if I would take care of his yard for the rest of his life. If I take care of his yard, will I be able to collect? ...
lt's The Law: Partition can cure property dispute
Published 10/1/2013 at 3:38 p.m. 0 comments
Question: I own a house with a former friend. We are supposed to be 50/50. He has not been paying his part of expenses and I want to sell the house and be done with it. He refuses to sell. ...
lt's The Law: Alimony comes in many forms
Published 9/24/2013 at 12:36 p.m. 0 comments
Question: My wife is suing me for divorce. When I read through her petition, I got to the end and she is asking for alimony. Not just any alimony, but all kinds of alimony like permanent, rehabilitative, lump-sum and others. ...
It's The Law: Sale of limited common element can be tricky
Published 9/19/2013 at 10:38 a.m. 0 comments
Question: I am selling my condominium unit. I bought a boat slip at time I bought my unit, which is a limited common element. I have a possible buyer, but the buyer is not interested in the boat slip. Can ...
It's The Law: Attorney might bind client
Published 9/6/2013 at 11:33 a.m. 0 comments
Question: I have been working on a contract. We made some changes and the attorney for the other side signed the changes. I asked for his client to sign, but he told me his signature was good enough. A few ...
It's The Law: Creditors can reach revocable trusts
Published 8/30/2013 at 4:54 p.m. 0 comments
Question: I want to protect my assets from creditors. I am thinking about creating a revocable living trust and transferring the assets to the trust with me as trustee. Is that a good idea? Answer: Creating a revocable trust can ...
It's The Law: PIP law explained
Published 8/29/2013 at 1:24 p.m. 0 comments
Q: I just moved to Florida and understand I am supposed to have PIP insurance for my car. Can you explain what that is? A: Florida requires automobile owners maintain personal injury protection ("PIP") insurance coverage. The insurance is a ...
It's The Law: Adult child caring for parent does not equal undue influence
Published 8/15/2013 at 2:09 p.m. 0 comments
Question: My wife took care of her mother for the last five years of her mother's life. She took her everywhere, made sure her meals were cooked, and it was basically a full-time job. Her mother left her almost her ...
It's The Law: Income may be imputed for alimony calculation
Published 8/2/2013 at 5:26 p.m. 0 comments
Question: I am getting divorced. My wife has not worked for a long time, despite my requests that she get a job. I know she could work, but she claims she is entitled to alimony because she has no income. ...
It's The Law: You might gift a job in a will
Published 7/26/2013 at 8:59 a.m. 0 comments
Question: I work for a company. The owner says he will guarantee my employment for life by giving me a job through his last will and testament. Can he do that? Answer: It is possible to gift a job through ...
It's The Law: Florida trust is only a small part of estate planning
Published 7/19/2013 at 9:21 a.m. 0 comments
Question: I have a will and do not want to go to the trouble or expense of preparing a trust. What estate planning related documents should I consider? Answer: If you had a living trust, you likely would appoint yourself ...
It's The Law: Attorneys fees are not always awarded
Published 7/12/2013 at 9:58 a.m. 0 comments
Question: If I file suit and win, do I get my attorneys fees in addition to any other damages? Answer: The general rule is that attorneys fees are only available if, (a) suit is for breach of contract and the ...
It's The Law: Adult adoption may be an estate planning tool
Published 7/5/2013 at 1:36 p.m. 0 comments
Question: In your article a few months ago, you wrote about a case where the court voided a man's adoption of his adult girlfriend. Does that mean all adult adoptions are problematic? Answer: The article discussed the case of Goodman ...