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Blog Posts in 2011

It's The Law: Condo Can Force Access To Apartments

Question: We are having trouble with an owner in our condominium who will not allow the association to enter his unit for repairs. How can we force the owner to cooperate? Answer: Your problem is not ...
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It's the Law: A Contract is Unenforceable Without Mutual Obligation

Question: I made an offer to buy a bank owned property. The bank sent back the contract with a lengthy addendum. The addendum includes a clause that says the bank can accept other offers and can ...
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It's The Law: Estate Tax Change is Huge

Question:I heard there is a new federal law that changes estate tax laws. Is that true and, if so, should I see my attorney about my will? Answer:Big changes were made to estate tax law when the 2010 ...
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It's The Law: Adopted Children Are Legally The Same As Children Born To The Adopting Parent

Question: My wife and I recently adopted a child. Will our adopted child be treated legally just like our other children? Answer: Chapter 63 of Florida Statutes governs adoptions. That chapter not ...
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It's The Law: Alimony Might Not Be Forever

Q: I got divorced a while back and was ordered by the Judge to pay my ex-wife alimony. Since my divorce, my ex-wife got a new job and makes a lot of money. She has also been living with a man for a ...
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It's The Law: Homestead Law Was Recently Changed

Question: I know that homestead property in Florida is given special treatment, but I understand this year’s Legislature made some changes. Please explain those homestead laws. Answer: Homestead ...
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It's The Law: Alimony Modification Requires Substantial Change In Circumstances

Q: My ex-wife is talking about taking me back to court for more alimony. Can she do that? A: In Florida, alimony is always subject to modification as long as it was awarded in your divorce decree. If ...
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It's The Law: Arbitration Before Suit May Be Required In Condominium Disputes

Question: I own a condominium unit. I have been in an almost constant battle with the Board of Directors about tenants in my unit. I am ready to sue, but the board tells me that I have to first go ...
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It's The Law: Foreclosure Procedure Explained

Q: A friend of mine is in mortgage foreclosure. He does not know what will happen next. Can you explain the foreclosure process? A: Most foreclosure proceedings are filed in State court. In Florida, ...
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It's The Law: A Trust Is Interpreted To Carry Out The Creator's Intent

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 ...
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It's The Law: Federal Law Protects Debtors

Question: A bill collector is hounding me. He calls at all hours of the day and night, calls my work and threatens that I will go to jail if I do not pay. Isn't he violating the law? Answer: ...
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It's The Law: Homicide 101

Q: I recently saw in the news that a man was charged with manslaughter for killing his neighbor. I've always wondered why some killings are manslaughter and some are murder. What is the legal ...
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It's The Law: Glitches In Evictions

Question: I have problems with my tenant and want to kick him out. Is there anything in particular that I need to be worried about? Answer: Florida evictions are known as actions for possession. ...
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It's The Law: Attorney'S Fees Are Granted In Divorce

Question: My spouse and I are divorcing and I have no money. My spouse has hired a lawyer but I do not have money for a retainer. Will I be forced to proceed in our divorce case without an attorney? ...
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It's The Law: Equal Ownership Usually Means Equal Obligation

Question: My partner and I own a vacation condominium. He uses it a lot more than I do, but he wants me to pay half of all the expenses. What are my rights? Answer: Joint property owners are generally ...
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It's The Law: Drugs Are Bad

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 ...
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It's The Law: Beneficiaries Come Last

Question: I am a beneficiary under my dad's will, but he has a lot of debts. Do the debts have to get paid before I get my share? Answer: In probate, expenses of administration and creditors of a ...
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It's The Law: Beware Of Mortgage Rescue Assistance

Question: I am having trouble paying my mortgage. One of my friends suggested I hire a mortgage rescue service she found on the internet. Is that a good idea? Answer: There is an old saying that ...
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