marconews.com Stories: Bill Morris

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: Fees and short sales

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 30 Apr 2010 17:18:00 -0000

Q: I am on the Board my Condominium Association. One of our owners is far behind in assessments and is now trying to do a short sale. The mortgage holder will not allow deduction from the sale proceeds of anything more than six months of assessments. We want a new owner who will start paying assessments, but there is some debate about our ability to release the unit from liability for arrearages. Can we forgive part of the arrearages?

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: Contracts can be made via e-mail

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 11 Feb 2010 20:23:00 -0000

Q: I received an e-mail offer for a car I am selling. I sent back an e-mail accepting the offer, and now the buyer claims we did not have a contract, because we did not sign a paper contract. Is the buyer correct?

It's the Law: Durable power of attorney important in time of illness

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 05 Feb 2010 15:18:00 -0000

Q: My wife is very ill and our insurance companies and others will not talk to me about her case because they say I have no authority. Can you help me find a way to deal with these problems?

It's the Law: Estate tax is dead, but comes back to life next year

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 29 Jan 2010 18:26:00 -0000

Q: I heard that the Estate Tax was abolished. Is that true?

It's the Law: Court cannot approve custodial parent relocation in advance

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 22 Jan 2010 18:20:00 -0000

Q: I am going through a divorce. We have tentatively agreed that my spouse will have custody, but now she is talking about moving to Atlanta in a few years.

It's the Law: What to expect in foreclosure process

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 14 Jan 2010 20:03:00 -0000

Q: I have fallen behind in my mortgage and suspect foreclosure is imminent. Can you explain the foreclosure process?

It's the Law: Personal representative can have tax liability

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Fri, 08 Jan 2010 20:01:00 -0000

Q: My Uncle is doing estate planing with his attorney. He asked me if I would be the personal representative of his estate. My wife is worried that I will end up having personal liability for his taxes. Is that possible?

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: Can murder be profitable?

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Wed, 18 Nov 2009 22:04:00 -0000

Q: Anna Nicole Smith’s death continues to make headlines as those around her are prosecuted for providing her drugs. It appears the drugs killed her. Can you inherit someone’s property if you killed her?

Pre-nup trumps Florida law for joint property

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Thu, 05 Nov 2009 18:45:00 -0000

I heard Florida law provides that if I buy property and place it in joint names with my spouse, my spouse owns half of it and at divorce my spouse retains that half. I have a prenuptial agreement that states everything I buy with my money is mine, no matter how it is titled. What is Florida law in this area?

Don’t rely on the mercy of the court

wgmorrislaw@earthlink.net (WILLIAM MORRIS) — Tue, 27 Oct 2009 22:18:00 -0000

I lost a lot of money in a business deal and want to sue my partner. My attorney says I do not have a good case and suggests it would be a waste of money to pursue. I want to get the case to a judge because I am sure the judge will have sympathy for my situation and it will help. My attorney says a judge’s sympathy will not be enough. What do you think?

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?