Fisher's Law Office

Home
United States
Lutz, FL
Fisher's Law Office

Attorney Ralph B. Fisher has over thirty-five years experience providing legal assistance for all ar

Fisher's Law Office practices in many different types of general law, covering:

Divorce and family law matters
Child support collections and defense
Collection actions / Defense of collections actions
Foreclosure / Defense of foreclosure actions
Mechanics liens/ Defense of mechanics liens claims and actions
Contracts
Wills and probate
Landlord / Tenant issues
General civil litigation

11/28/2022

Just when you think you’ve heard it all!

The potential client today wanted me to fly to the Canary Islands off of Spain and file a legal action to allow her to exhume her dead relatives’ bodies because a recent DNA test showed she was related to the indigenous people of those islands who had been mummified during Spain’s genocide of her ancestors. She wanted to conduct a proper service and burial.

I politely declined the case.

11/21/2022

Another client came in and said his dear father had passed away without a will. Now he’s faced with filling out a dreaded “Affidavit of Heirs” – a form that asks about the decedent’s spouse, children, parents, siblings, grandparents, aunts and uncles, and “kindred of the last deceased spouse” including names, ages, addresses, and, if deceased, dates of death.

I implore upon all clients to write a simple will and avoid all of that.

11/17/2022

A client needed to breakup with her boyfriend. The trouble was that the couple owned a home together. I suggested the client request a “partition” of the property under Florida Statute chapter 64 which allows the court to weigh the interests in the property and order a sale by the clerk of the court. Then, the clerk gives each party a check for their share of the property.

The law is straight forward and clear. Florida is blessed to have clear laws allowing division of jointly owned property in partitions.

11/14/2022

A married client with minor children called about making an estate plan. During the conversation, it came out that he’d bought his home before getting married and the home was in his name only.

“What will happen to the home if I die?” he asked.
“Well, under Florida law, your wife will get a ‘life estate’ in the home and the kids will have a ‘remainder interest’,” I answered.
“So my wife couldn’t sell the home?”
“It would be difficult, since the children are minors,” I told him.

I then suggested he convey the home to himself and his wife as tenants by the entirety. That way, if he dies, his wife can record his death certificate and the home will be in her name.

11/07/2022

When you pay a bill and want proof of payment, there’s a foolproof way of securing that proof of payment: write a check.

Unlike electronic transfers, you can always prove payment if you have a cancelled check and you can testify about the check in the court.

11/03/2022

A man who owned a business told me he went to his divorce mediation and signed a settlement document without full financial disclosures from the wife. I always advise against going to mediation without counsel, and if you do, certainly insist on financial transparency from the other side.

10/27/2022

Under the legal concept of ‘estoppel’, if a landlord accepts rent after suing in court for eviction, he waives the right to evict a tenant.

This happened to my client. The landlord, even though he filed an eviction lawsuit, will have to let my client stay in his apartment because an employee of the landlord accepted the back rent and issued a “paid in full” receipt. Under the law, the landlord also loses the right to request attorney fees under Florida Statute 83.48!

10/24/2022

The strangest call I’ve ever received from a client was a 2 a.m. collect call from the jail from a man who claimed he was improperly charged with a DUI.

“Look, I wasn’t driving, but I got charged!” he said.
“Well, who was?” I asked him.
“My pet monkey,” he answered.

I politely declined the case, hung up, and went back to sleep.

10/06/2022

Another day, another car crash call. (There are 30,000 car crashes in Hillsborough County alone every year.)

My client loaned her uninsured car to her daughter, who promptly crashed the vehicle and caused serious injury. Florida law imposes “vicarious liability” on the owner of a car involved in a crash, even if the owner wasn’t driving. Now the client faces paying tens of thousands to a lawyer to defend her in civil court and possible damages if a jury rules against her.

I advise all my clients to make sure they have plenty of liability insurance on their vehicles – and don’t loan your car to others, especially your children.

10/03/2022

After a hurricane, assess your home and property for damage from wind and flooding. If possible, get photos of damage and contact your insurance company if you have a claim. If necessary, seek counsel from an attorney who can help you document and make a claim for loss.

09/22/2022

A client today had a sad story. She hired a company to build a dock behind her house and paid a substantial deposit only to find out the company wasn’t licensed. Worse, they never built the dock.

When I researched the company owners, they had over a dozen criminal charges, tickets, and lawsuits against them making the prospect of collection very low.

I warn clients constantly – research any company or person who is going to do work on your house before paying them any money!

Attorney Ralph Fisher has over 35 years experience assisting clients with a variety of legal matters. Please call our office to schedule your consultation. 813-949-2749

09/08/2022

If you voluntarily dismiss a case, it cannot be reopened. This strict rule is enforced by the courts so before you walk away from a claim, speak to a lawyer and make sure doing so is in your best interests.

Attorney Ralph Fisher has over 35 years experience assisting clients with a variety of legal matters. Please call our office to schedule your consultation. 813-949-2749

Address

575 Cypress Lane
Lutz, FL
33548

Telephone

+18139492749

Website

http://www.fisherslawoffice.com/

Alerts

Be the first to know and let us send you an email when Fisher's Law Office posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.