Florida Recent Legal Answers from Lawyers

Dear Linda, Your son may have a 3rd party liability claim for personal injury in addition to a possible workers' compensation claim. Both claims may be investigated simultaneously. You should consult a personal injury attorney sooner rather than later to avoid any potential statute of limitation problems. Choose an experienced professional for guidance and advice before going further. We all give free consultations and if we take the case, it would be on a contingent fee basis. However, you will have to reach out, as attorneys are unable to directly solicit. Even if it is determined that your son does not have a viable personal injury claim, you should speak to a workers' compensation attorneyon his behalf  asap to avoid any reporting problems as well as a retaliatory discharge claim for yourself. Loren L. Gold, Esq.... Read More

I am sorry for your loss. Situations involving access to a deceased person’s phone or digital accounts have become increasingly common in probate matters, and I have assisted families dealing with similar issues involving Apple devices and locked digital accounts. Under Florida law, once a person passes away, their assets including digital assets such as phones, online accounts, and stored data become part of their estate. Companies like Apple typically require proof that the person requesting access has legal authority to act for the estate. A death certificate alone often is not enough because it does not establish who is legally authorized to manage the deceased person’s property. In many cases I have handled, Apple requires documentation showing that someone has been legally authorized by the probate court. This usually means either Letters of Administration from a formal probate case or a court order from a summary administration confirming who the beneficiaries or authorized persons are. Whether you should file Summary Administration or Formal Administration depends mostly on the value of the probate estate. In Florida, Summary Administration may be available if the probate assets are $75,000 or less, or if the person has been deceased for more than two years. Summary administration is a simplified probate process and often used when there are few assets or when heirs simply need a court order confirming their rights. However, some companies specifically require Letters of Administration, which are issued only in a formal administration where a personal representative is appointed. I have seen situations where families file a small probate case primarily to obtain this legal authority so institutions will cooperate. It is also important to understand that Apple’s internal policies sometimes create an additional challenge. Even with a court order, Apple may only remove the activation lock and could require wiping the device before restoring access. I have seen this happen with clients who already had the phone passcode but were locked out due to Apple ID security restrictions. Florida probate exists specifically to determine who has authority to manage a deceased person’s property and assets. Jurado & Associates explains that probate is the legal process used to identify heirs and authorize someone to act on behalf of the estate:https://juradolawfirm.com/probate-in-florida/ You can also learn more about how the Florida probate process works here:https://yourfloridaprobatelawyer.com/florida-probate-process/ A probate attorney can review the estate assets and determine whether a summary administration will satisfy Apple’s requirements or whether a short formal administration would be the better path to obtain the authority they are requesting.... Read More

Under Florida law, a power of attorney can allow you to manage financial matters and even transfer certain assets, but the key issue is whether the document specifically authorizes you to engage in estate planning transactions, such as transferring property into a trust. When someone has advanced dementia and cannot make decisions, the agent under a durable financial power of attorney must act strictly within the authority granted in the document and always in the best interest of the principal. In many situations I have handled for caregivers of spouses with dementia, the power of attorney document includes specific language that allows the agent to create or fund trusts on behalf of the incapacitated spouse. If your financial power of attorney includes that authority, it may allow you to transfer an asset that your spouse owns jointly with you into a trust. However, if the document does not specifically authorize creating or funding trusts, Florida law may limit your ability to do so without court approval. Another factor is the type of ownership. If the asset is jointly owned, such as a joint bank account or property with rights of survivorship, the transfer rules can vary. Sometimes the asset may already pass automatically to the surviving spouse upon death, which may make transferring it unnecessary. Estate planning strategies involving trusts are often used to simplify asset management and avoid probate, but they must be handled carefully when one spouse is incapacitated. I have worked with many families caring for a spouse with dementia who want to reorganize assets into a trust for long term planning, Medicaid planning, or probate avoidance. The first step is always reviewing the power of attorney document to confirm whether it allows gifting, trust creation, or asset transfers. Without that authority, a court supervised guardianship or approval may sometimes be required. Jurado & Associates explains that powers of attorney are powerful planning tools, but the authority they provide depends entirely on the language written in the document:https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ Trust planning is often used to protect assets and simplify management when a family member becomes incapacitated, particularly in situations involving long term illness or dementia:https://juradolawfirm.com/living-trusts-florida/ Given the complexity of dementia related incapacity and asset transfers, an attorney would typically review the power of attorney and the ownership of the specific asset before advising whether the transfer into a trust can be done legally.... Read More

Under Florida law, a power of attorney allows someone (called the agent) to handle financial and legal matters for another person (the principal). However, that authority comes with strict responsibilities. The agent must act in good faith and only for the benefit of the principal. They cannot use the principal’s money or property for their own benefit unless the document specifically allows it. Jurado & Associates explains that a power of attorney is a powerful legal document that gives another person authority to act on your behalf in financial matters, which is why it must be used responsibly and monitored carefully: https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ If your mother still has power of attorney over you, the first step is to revoke it. In Florida, a principal can cancel a power of attorney at any time as long as they are mentally competent. This is done by signing a written Revocation of Power of Attorney and providing copies to any banks or institutions that may have relied on the original document. Estate planning guidance from Jurado & Associates notes that powers of attorney are commonly used when someone cannot manage their own affairs, but they should always be revoked once they are no longer necessary: https://juradolawfirm.com/estate-planning/ The second issue is finding out what happened to your finances. An agent under a power of attorney is considered a fiduciary, meaning they must keep records and act in your best interest. In cases I have handled, courts can require the agent to provide a full accounting of how they handled the principal’s money. This means they may have to show bank statements, transfers, property records, or other financial documents. If funds were taken for personal use without authorization, it could be considered breach of fiduciary duty or financial exploitation. Florida law allows courts to investigate and potentially require repayment if an agent misused their authority. More information about protecting assets and preventing financial exploitation can be found here: https://juradolawfirm.com/estate-planning-protect-you-against-elder-exploitation-in-florida/ To determine what happened in your situation, an attorney would usually review the original power of attorney document and obtain financial records from the time your mother was managing your finances. Once those records are reviewed, it becomes possible to determine whether the money was handled properly or whether legal action may be necessary.... Read More

If the property owner knew or should have known about a dangerous condition on the premises, and that hazard was not open and obvious to a child acting reasonably, they may be liable for your child’s injuries. To preserve the claim, you should photograph the hazardous condition as it existed at the time of the incident. Then consult with a Florida personal‑injury attorney to evaluate the case and discuss the possibility of contingency‑fee representation, which means you pay nothing unless there is a recovery. This platform prohibits attorneys from soliciting your case, but you can research our backgrounds and reach out to one of us here in Florida.       ... Read More

Possibly. However, you will need to be able to PROVE you just learned of the judgment in 2026, and be able to PROVE, not allege, bad service. I say PROVE because many times the record contains information showing prior notice of the lawsuit/judgment, such as wage garnishment attempts, and judgment debtors are generally required to challenge a bad judgment for service immediately or they might waive the challenge. ... Read More

Yes. If they refuse to return it because he claims there was a renewal and you breached, that will depend on the details of the prior lease language and your statement that "I would likely stay" and whether that constitutes a renewal. Otherwise, you are a month to month tenant from July 2025 when the lease expired. They do not have to address deposit returns until 30 days after you vacate the premises. You do not get your money back for moving expenses so you can move. You may have to retain a lawyer to address this if this is not resolved between you.... Read More

You are a 50% owner, not a tenant. You can obtain the homestaed exemption by timely filing for the same. You do not owe your son, the co-owner, any rent. What would be appropriate is for you to solely pay the costs of ownership: ie insurance, property tax, utilities, etc. Best regards, Mike Hagen, Hagen Law Firm, Fort Myers FL... Read More

You can sue him in small claims court. Call the small claims court and get the paperwork forms to complete. If the amount is over the jurisdictional maximum, you can sue in small claims court up to that limit or if you want to sue for more, you will have to sue in county court.   ... Read More

Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does not automatically transfer to the surviving co‑owner. At her death, her share must go through Florida probate, and title will pass to the beneficiary named in her will—or, if she had no will, to her heirs under Florida’s intestate succession laws. To move forward with any sale of the property, you’ll need a Florida probate attorney to handle the administration and transfer of her 50% interest. ... Read More

None. All pets means what it says. Not "all pets unless your pet doesnt like being restrained or the owner doesn't want to." If you cat is treated as a "feral cat" and you let it "roam" it is subject to being picked up by animal control and destroyed. The idea of "clipped ear" is a procedure performed by a vet that IDs the cat as having been spayed and fully vaccinated, so that AC might not pick it up for population control. If your cat is "roaming" unrestrained and uncollered- it IS in fact a feral cat to others who have no idea about your cat, regardless of whether you like the designation. Your other remedy is to move elsewhere, get rid of the cat or risk being fined and sued for violation of the community rules. ... Read More

If this happened in a home you own, it’s generally difficult to bring a negligent security claim against a third party like a landlord or property manager. Those cases require proof that the property owner knew the crime was foreseeable and failed to take reasonable security steps, a theory that usually doesn’t apply to a single‑family home you control. Your main civil claim is typically against the perpetrators, or any third party who may be legally responsible for them through an employer employee or similar agency relationship. This platform doesn’t allow attorney solicitation, but you’re free to review the profiles of the lawyers who answer here and contact one of us prto see whether your situation supports a viable civil case under Florida law.... Read More

Unfortunately, none of what you described is the responsibility of the funeral home. If you were separated  and not readily available- this is one of the issues that arise that you will simply have to contend with. If you expect to address any of the issues in probate as the widowed spouse, you will likely need to retain a probate lawyer to address that ASAP. Especially if "the family" is not excited about any claims you might make to an estate if you were estranged. ... Read More

This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely fabricated. Just because you were found "not guilty" of a criminal charge does NOT equate to innocence nor does it avoid the "where there is smoke there is fire" aspect of public opinion in general. All you can do is simply keep contactoing lawyers until you find one that might be interested that you can afford to hire or that you satisfy yourself that its not a viable case to pursue. Understand however, that unlike a criminal trial, where you have 5th amendment privilege - you DO NOT generally have that in a civil trial postured as yours would be - which can be problematic if the defendants dig deep in to your past and internet history and might find unsavory issues or events. I point this out because people often fantacize that people being sued will not find out other details that might be embarrassing or humiliating and the scope of the civil discovery is often far greater than that in a criminal case. ... Read More

Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially against an individual. The ability to collect on judgments is exceptionally low. Most lawyers have little interest in working for free. This is likely why the original lawyer declined to go further. ... Read More