It’s the Law: There are many uses for trusts
Published 07/09/2008 at 7:39 p.m.
Q: A friend of mine said he recently had his attorney prepare a trust for his grandchildren. He was really excited about taking care of their college education, but he did not explain how the trust would work. Can you ...
It's the Law: Contract language can require an interpreter
Published 07/02/2008 at midnight
Q: I have a contract with a builder. The certificate of occupancy has been issued and the builder claims I now must pay everything due under the contract. The problem is there are defects in construction, some of them major, ...
It’s the Law: Avoid tax problems after short sale
Published 06/23/2008 at 7:29 p.m.
Q: I have a property that has gone down in value. It is now worth less than the mortgage. I have a buyer who will pay the appraised value, but that is less than the mortgage payoff. My Realtor has ...
It’s the Law: How can I challenge my mother’s will?
Published 06/16/2008 at 4:59 p.m. 1 Comment
Q: My mother just died. In the weeks before she died, my brother was with her a lot. I just found out she changed her will a few days before she died from leaving her estate equally to all of ...
It’s the Law: Florida condominium act gets revisions — part III
Published 06/02/2008 at 5:11 p.m. 3 Comments
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It's the Law: Florida condominium act gets revisions — part 2
Published 05/25/2008 at 11:02 p.m.
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It’s the Law: Florida condominium gets revisions
Published 05/19/2008 at 10:22 p.m. 1 Comment
Q: Did the 2008 Legislature make any changes to the Condominium Act?
It’s the Law: Health club liability may be limited
Published 05/11/2008 at 10:22 p.m. 1 Comment
Q: I heard about someone who had a heart attack on the treadmill at my gym. Supposedly, the person died. Does the gym have liability for his death?
It’s the Law: Spouse in house may have to pay rent during divorce
Published 05/05/2008 at 10 p.m.
Q: I am getting divorced. My wife is currently living in our house and I am renting an apartment. It does not seem fair that she gets to live rent free. Shouldn’t she have to pay me rent, at least ...
It’s the Law: Patients have a right to know about doctor malpractice
Published 04/28/2008 at 5:25 p.m.
Q: There seems to be a lot of secrecy in the medical community. I think I should at least be able to find out if a doctor is guilty of malpractice as part of my decision about medical treatment. Is ...
It’s the Law: Employer owns invention created on company time
Published 04/21/2008 at 4:26 p.m.
Q: I work for a large recreational vehicle dealership. Part of my job involves creating new or custom parts which are sold by our company. I recently invented a new mirror system, which makes backing and parking a lot easier. ...
It’s the Law: Separate property can become marital if co-mingled
Published 04/13/2008 at 10:55 p.m.
Q: A friend of mine is getting divorced. He inherited some money last year and deposited it in a joint savings account with his wife. My friend claims the money is his, since he inherited it. His wife claims the ...
It’s the Law: Suits against the government — possible?
Published 04/06/2008 at 9:48 p.m.
Q: I was injured when I slipped and fell at a City park. The walkway was very slippery and wet. My medical bills were over $30,000 Can I sue the city to recover for my injuries?
It’s the Law: Implied partnership can be difficult to prove
Published 03/30/2008 at 10:23 p.m.
Q: I have been working in a business for years. I was paid minimum wage, with the understanding that I would be an owner of the business and help it grow.
It’s the Law: Medical care decisions if incapacitated — do you know how this works?
Published 03/18/2008 at 12:01 p.m.
Q: I am a widow and I am concerned that no one is authorized to make quick medical care decisions if I am incapacitated. How can I be sure someone can make decisions for me?
It’s the Law: How can I qualify for a like kind exchange
Published 03/09/2008 at 8:04 p.m.
Q: We own a condominium that we rent seasonally. My wife and I visit the property to check up on it and take mini vacations three or four times a year. We want to sell the property as part of ...
It’s the Law: Even irrevocable trusts can be fixed if necessary
Published 03/03/2008 at 1:44 p.m.
Q: I got some bad advice from a financial adviser and created an irrevocable trust to benefit charity. After I created the trust, I found that the tax benefits and operations of the trust were not as advised. Is there ...
It’s the Law: Transfers to defraud creditors can be undone
Published 02/25/2008 at 2:29 p.m.
Q: I may have to sue my partner for breach of contract. I heard through the grapevine that he has transferred all of his assets and bank accounts to family members and he brags that I will never collect a ...
It’s the Law: Theft losses can be tax deductions
Published 02/18/2008 at 1:25 p.m.
Q: I contracted for construction of a home. The builder did a terrible job, although he did make a few repairs. I sued the builder, but the company was out of business and I was out of luck. It cost ...
It’s the Law: Condo assessments must be paid
Published 02/11/2008 at 7:46 p.m.
Q: I recently bought a condominium. A few months after I took title, I got a bill from the association for past due assessments, including what was termed a special assessment for repairs to the building that had been completed ...
It’s the Law: Pre-marital bliss — agreements that need to be checked
Published 02/06/2008 at 6:33 p.m.
Q: I heard that Florida adopted a new law concerning pre-marital agreements last year. Is that correct?
It’s the Law: Rules also apply to homeowner associations
Published 01/28/2008 at 5:36 p.m.
Q: I hear there are new laws requiring homeowner associations to give more warning to property owners before filing suit against them. Is this right?
It’s the Law: A true gift is not revocable
Published 01/07/2008 at 4:23 p.m.
Q: ’Tis the Season. I just got a wonderful gift from my boyfriend, but I plan on breaking up with him shortly. Can I keep the gift?
It’s the Law: Are prenups enforceable in Florida?
Published 12/13/2007 at 9:49 a.m.
Q: My fiancé is insisting on a prenuptial agreement limiting my financial rights in event of divorce or death. Will that be enforceable in Florida?
It's the Law: Buying a home at tax deed sales?
Published 12/05/2007 at 5:23 p.m.
Q: From time to time, I see advertisements in the paper for property being sold due to unpaid property taxes. I want to bid on a property and I am wondering if there is any risk?
It’s the Law: When is appointment of a guardian necessary?
Published 11/29/2007 at 9:30 a.m.
Q: A friend of mine is suffering from Alzheimer’s. His children are fighting over guardianship and the court appointed someone as guardian who was not even a blood relative. Can you explain how that happens?
It’s the Law: Corporate shell does not always avoid personal liability
Published 11/21/2007 at 12:22 p.m.
Q: I bought some furniture from a local store. The store delivered the items but some of them were damaged. The store took the items back and promised to replace them but then went out of business. I talked to ...
It's the Law: Cable television as condominium common expense
Published 10/23/2007 at 1:44 p.m.
Q : I live in a condominium. The board of directors has voted to provide bulk cable television service to owners as part of the condominium budget. I do not want cable and especially not the cable provider selected by ...
It's the Law: Cable and satellite TV should be available to condominium owners
Published 10/18/2007 at 11:01 a.m.
Q: I live in a condominium. The board of directors has voted to provide bulk cable television service to owners as part of the condominium budget. I do not want cable and especially not the cable provider selected by the ...
It's the Law: Buyer can force the seller to close on sell
Published 10/11/2007 at 2:23 p.m.
Q: I had a contract to purchase a local business. At the last minute, the seller told me that he would not close on the sale. Can I force him to sell?
It's the Law: Parent consent and waiver of liability for child is not unlimited
Published 10/04/2007 at 2:52 p.m.
Q: My son wants to ride an ATV at a local sports park. He brought home a form for me to sign. The form states on behalf of my son I release the park from liability for anything that might ...
It's the Law: Must show impact to recover for emotional distress
Published 09/27/2007 at 2:02 p.m.
Q: My mother died in an automobile accident. I am really upset about it and want to sue for my emotional distress. Do I have a good claim under Florida law?
It's the Law: Signed, blank deeds are void
Published 09/20/2007 at 2:06 p.m.
Q: I have a number of properties for sale and will be traveling in South America for two months. I will be unreachable for a large part of that time. My friend suggested I sign some deeds in blank and ...
It's the Law: An owner is not a tenant for eviction purposes
Published 09/12/2007 at 10:53 a.m.
Q: My boyfriend and I bought a house. Only his name is on the deed. We have an oral agreement under which we equally paid the expenses of purchase, monthly mortgage, insurance, taxes and utilities. I heard through a friend ...
It's the Law: Sometimes rejecting an inheritance saves taxes
Published 09/06/2007 at 9:43 a.m.
Q: My spouse died recently. He left me everything in his will. I met with my attorney, who suggested that it might be a good idea for me to refuse part of my husband’s assets to save estate taxes. I ...
It's the Law: Covenant not to compete can be enforced
Published 08/23/2007 at 12:01 p.m.
Q: My employer required that I sign an agreement not to compete with the company if my employment relationship is terminated. I did not want to sign it, but it was required for me to keep my job. A competing ...
It's the Law: Builder warranties can be limited by contract
Published 08/15/2007 at 11:30 a.m.
Q: I am buying a new home from a builder. The builder’s contract has language that states the only warranty provided is a one-year warranty on materials and workmanship. Can the builder do that?
It's the Law: In a tough market, a short sale may be the only way out
Published 08/02/2007 at 10:35 a.m.
Q: I bought some property at the peak of the market. I got a loan based upon stated income and no documentation.
It's the Law: Parties to a contract can agree on liquidated damages
Published 07/25/2007 at 12:31 p.m.
Q: I had a contract for sale of my condominium at a good price. The buyer backed out and tells me all I get to keep is the deposit. His deposit was only $100. That does not seem fair, as ...
It's the Law: Mortgage brokers will have to disclose fees after Oct. 1
Published 07/19/2007 at 11:06 a.m.
Q: I am shopping for a mortgage. I have heard that there are hidden fees to mortgage brokers and that these fees can increase the interest rate on my loan. How can I find out what these fees might be ...
It's the Law: Final payment under an agreement for deed can be tricky
Published 07/12/2007 at 12:03 p.m.
Q: I bought a home under an agreement for deed. The final payment is now due, but the seller has a mortgage and I am concerned that he will not pay off the mortgage after I pay him. What should ...
It's the Law: Death may not cheat creditors
Published 06/07/2007 at 11:26 a.m.
Q: I loaned a friend $50,000. He died last week and his brother tells me I am out of luck because my friend did not leave me anything in his will and the will does not require me to get ...
It's the Law: Alimony can be reduced or terminated due to cohabitation
Published 05/30/2007 at 10:38 a.m.
Q: My ex-wife has been living with a man for years. She tells me that she will never get married because she wants me to keep paying alimony.
It's the Law: Child support can be made retroactive
Published 05/23/2007 at 3:07 p.m. 1 Comment
Q: I am being sued for child support. I have been told that I will have to pay arrears, because the support will be awarded retroactively. Is that right?
It's the Law: Lease option is a flexible way to buy property
Published 05/09/2007 at 11:10 a.m.
Q: I’m interested in purchasing a home, but do not have much for a down payment. A friend of mine recommended a lease option. Can you explain how a lease option works?
It's the Law: Homestead protection from creditor claims is not absolute
Published 05/02/2007 at 10:11 a.m.
Q: I have heard Florida homestead properties exempt from creditor claims. Is that true?
It's the Law: Litigation privilege protects statements made during litigation
Published 04/26/2007 at noon
Q: I was involved in a libel lawsuit. My opponent filed a pleading in which he claimed I stole money. I want to sue him for liable, but my attorney said the statement was privileged because it was part of ...
It's the Law: Action voids acceptance offer deadline
Published 04/18/2007 at 7 a.m.
Q: My house was on the market. I received an offer close to the 5 p.m. deadline. I thought the price was too low, so I changed it and changed the date for acceptance to 5 p.m. on the following ...
It's the Law: Florida statutes limit parental relocation with child
Published 04/11/2007 at 10:15 a.m.
Q: I divorced a few years ago and the court ordered that primary residence of my children would be with me. My former spouse has visitation every other weekend, one night during the week and extended visitation over major holidays ...
It's the Law: Condo association’s role in foreclosure can be confusing
Published 04/04/2007 at 7 a.m.
Q: I just got elected to the Board of Directors of our condominium. We had an owner who was way behind in paying assessments. His unit went into foreclosure and now the bank owns it. The other directors tell me ...