marconews.com Stories: It's the Law

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?

It's The Law: Real estate commission regulates brokers

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 03 Sep 2009 16:33:00 -0000

Q: I heard a Realtor who was convicted of drunk driving lost his real estate license because of that conviction. I do not think drunk driving has anything to do with real estate sales. Can the Florida Real Estate Commission really take away a real estate license for drunk driving? A: The Florida Real Estate Commission is charged with regulation of real estate licensees under Chapter 475 of Florida Statutes. Section 475.25 of Florida Statutes provides specific disciplinary authority. Under that statute, the commission may deny an application for license or renewal, may issue a reprimand, place a licensee on probation, suspend a license for not more than 10 years, revoke a license and impose an administrative fine not to exceed $5,000.00 for each count or separate offense, if it finds that a licensee is guilty of a wide variety of actions, all of which are specified in the statute. Guilt of other activity will not support punishment by the commission.

It's The Law: Real estate commission regulates brokers

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Tue, 01 Sep 2009 15:56:00 -0000

It's the Law: Qualifying contractor has no liability

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 20 Aug 2009 22:54:00 -0000

Q: We are building a home and some of the work is defective. The contracting companying stopped construction without paying all of the subs. It will cost us a lot to finish the home and we will probably have to pay the subcontractors too. The company looks like it is broke so we want to sue the qualifying contractor. Can we do that in Florida?

It's the Law: Give opportunity to repair before suit

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 13 Aug 2009 23:02:00 -0000

Q: I hired a contractor to do some remodeling and add a room to my home. There are a lot of problems with the construction and I want to sue. Somebody told me I have to give the contractor notice and an opportunity to fix the defects before we sue. Is that correct?

It's the Law: Parental relocation

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 06 Aug 2009 23:21:00 -0000

Q: I heard Florida has a law requiring a divorced parent with a minor child to get court permission to move. Is that true?

It's the Law: Procuring cause earns the commission

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 23 Jul 2009 23:55:00 -0000

Q: I have heard the term procuring cause used to determine when a real estate broker is entitled to a commission. Can you explain that term?

It's the Law: Sellers need attorney representation for closing

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 17 Jul 2009 00:47:00 -0000

Q: I am selling my real estate. Somebody suggested I use a title company for my closing but most of my friends recommend using an experienced attorney. What exactly does an attorney do for a seller in a real estate closing?

It's the Law: Undue influence can invalidate a will

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 09 Jul 2009 23:22:00 -0000

Q: My brother was care taking of my mother for a few years before she died. Shortly before my mother died, she made a new will and left everything to my brother. The will was done by my brother’s attorney. Before the new will, my mother was leaving everything to her three children equally. Is there a way to challenge the new will?

It's the Law: Devising homestead can be tricky

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 12 Jun 2009 01:06:00 -0000

Q: I am divorced and remarried. I want to leave our family home to the children of my previous marriage. A friend tells me that Florida has a lot of rules about how or who you can leave your home to when you die. Is that true?

It's the Law: Violations involving checks and drafts

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 05 Jun 2009 00:25:00 -0000

Q: I sold some used furniture and the buyer gave me a bad check. What can I do to collect?

It's the Law: Interpreting a trust to carry out the creator’s intent

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 29 May 2009 00:09:00 -0000

Q: My mother had a living trust. My mother died and my brother and I are now arguing about distribution of her assets. He claims the trust does not reflect mom’s intent. How do we settle the dispute?

It's the Law: Real estate brokers can file liens for commission

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 22 May 2009 00:34:00 -0000

Q: I am selling my pizza shop and I have a dispute with my Realtor. He has threatened to file a lien to protect his commission. Can he do that?