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Blog Posts in June, 2012

06/28/12 It's The Law: Condo Can Still Bar Dogs Under Fair Housing Act

Question: Our condominium prohibits pets. One owner got a dog and claimed she was allowed to keep the dog for emotional support under the Fair Housing Act. Some of the other owners found out about it ...
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It's The Law: Heirs Can Challenge Death Bed Marriage

Question: My 90 year old father got married to a 23 year old dancer while he was in the hospital. He died a few days later. His "wife" is now claiming his estate. Is there anything I can do ...
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It's The Law: Parental Release On Behalf Of Minor May Be Unenforceable

Q: My son wanted to ride go carts at a local track. Before the track let him ride, I had to sign a release form on behalf of my son. My son ended up driving off of the track and broke both legs. The ...
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06/21/12 It's The Law: Guardian Authority Is Limited

Question: A guardian was just appointed by the court for my friend’s grandfather. What exactly is a guardian? Answer: A guardian is a person or institution appointed by a circuit court judge in ...
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It's The Law: Parental Relocation Requires Court Approval

Q: I heard Florida has a law requiring a divorced parent with a minor child to get court permission to move. Is that true? A: Years ago, the custodial parent was free to move wherever he or she ...
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It's The Law: Parenting Plans Replaces Primary Residence And Custody In Divorce Cases

Q: I am getting divorced. A friend told me Florida has a new law about child custody. Will that affect my case? A: Earlier this year, Florida's Legislative modified the child custody provisions of ...
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It's The Law: Partition Procedure Sells Property And Pays The Owners

Q: I own property with a friend of mine. We are supposed to pay everything 50/50. He has not paid anything toward property expenses for a long time. What can I do to collect my money? A: This is a ...
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It's The Law: Personal Representative Can Have Tax Liability

Question: 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 ...
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It's The Law: Courts Make It Easier To File A Mechanics Lien Against A Condominium Association

Q: I own a painting company. I recently filed a lien against a condominium association that hired me to paint the outside of the condominium building. The President tells me that my lien is no good ...
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It's The Law: Federal Law May Let Real Estate Buyer Cancel Contract

Q: I have a contract to buy a condominium. In the current market, I want to get out of the contract. I was reading something on line about being able to cancel a contract under something called the ...
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It's The Law: Durable Power Of Attorney Can Be Important

Question: My spouse died a few years ago and I am concerned that I will need somebody to take care of my bank accounts if I become sick. My attorney recommends a power of attorney. Can you explain? ...
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It's The Law: Powers Of Attorney Can Be Important

Question:A friend of mine recently finished estate planning documents. He told me his attorney suggested a power of attorney as part of those documents. Can you explain power of attorney? Answer: A ...
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It's The Law: Probate Is Not A Daunting Procedure

Question: My mother recently died and her Will appoints me to administer her estate. Can you give me a brief outline of Florida probate? Answer: Florida probate procedures are governed by Chapters 731 ...
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It's The Law: Premarital Agreements Can Be Important

Question: I am getting married. I have children from a previous marriage and want to be sure they are protected. I also want to be sure I am protected if we get divorced. Are premarital agreements ...
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It's The Law: Court Cannot Approve Custodial Parent Relocation In Advance

Question: 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. If I do not agree, she says that she ...
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It's The Law: Procuring Cause Earns The Commission

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? A: Entitlement to a commission can be determined by a ...
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