Justia Legal Services & Lawyers Directory

Questions Answered by David M. Goldman - Justia Legal Answers

• 31 January 2012Q: My live in partner has left the premises due to domestic violence on her part. she is on the deed. is quit deed the ans?
  A: More information is needed to determine what rights you have. Your partner may not be able to live at the address because of a court order, but that may not change their rights to ownership which contained in the language in the deed. You should contact a lawyer in your area that deals with property and separation as well as domestic violence situations. If you are in the Jacksonville area, we may be able to help, but we do not handle these types of issues outside of our area.
• 31 January 2012Q: My mother of 70years wants to leave her home to my daghter who is 13 can she do this without probate problems
  A: Most likely she can. More would have to be know about how your mother owns and who she owns the property with. There are several ways to do this including using a revocable trust, joint tenancy deed, enhanced life estate deed among others. Which makes the most sense depends on the specifics of your mothers and there is no one size fits all solution. There are potentially taxing issues dealing with the value of the home that could be a detriment to some of the methods. i would suggest that you contact a Florida Estate Planning Lawyer to discuss the specifics and what her options are.
• 3 November 2011Q: If I made my own last will and testament using a software program. Is the same consider legal in the state of Florida?
  A: As long as you comply with the statute of wills, a will created by an individual should be honored by the court. There are many issues to be concerned about. 1) does the will do what you think it does. 2) was the document executed properly. 3) are you competent under the law to execute a will 4) was it witnessed properly and by the correct number and type of witnesses There are several other issues you should be concerned about including whether the software is current with the laws of the state in which you are creating a will. I have seen several versions of quicken including the latest which do not comply with the current state laws in Florida for all estate planning documents. Generally they tend to comply for the wills and usually seem to have problems with powers of attorney or trusts.
• 3 November 2011Q: After death does a will have to be registered, if so with whom?
  A: While a will is suppose to be recorded within 10 days of death, there is actually no penalty for not doing so unless someone complains about it and you fail to record it. In Florida you cannot record a will before death like some states allow. The person who is responsible for recording the will is the person who is in the custody of the will.
• 10 February 2011Q: What is a 2 degree misdemoner?
  A: not more than 60 days in prison and not more than $500 in fines
• 10 February 2011Q: If I have guardianship case # how can I obtain a copy of the file. That is, what court/clerks office in Miami-Dade Coun
  A: It depends on what part of the file you want to look at. Each guardianship case has some items which are confidential. Your lawyer should be able to obtain a copy for you
• 10 February 2011Q: What are my rights?
  A: The situation you describe is similar to one we run across on a regular basis. It is hard to say whether you have grounds for a lawsuit without reviewing the specific facts, but from what you describe it sounds like you sister has interfered with an expectancy. If this happened, then you might have grounds to bring a suit against her. You should discuss this with a Florida Probate Lawyer who deals with litigation. David Goldman Apple Law Firm PLLC 3733 University Blvd West, Suite 212B Jacksonville, FL 32217 Tel (904) 685-1200 NEW Fax (904) 875-4081 http://www.JacksonvilleLawyer.pro/ http://www.GunTrustLawyer.com/ http://www.FloridaEstatePlanningLawyerBlog.com/ http://www.FloridaForeclosureDefenseLawyersBlog.com/
• 10 February 2011Q: Can TOD accounts be distributed immediately to a beneficiary, or is there a waiting period?
  A: Generally a co-owner or beneficiary designation is payable upon death and a bank typically only requires a death certificate. If their contract states otherwise, they will let you know at that time.