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Joseph Phillip Henn

Joseph Henn’s Answers

7 total

  • Ex wife is demanding I refinance our home, I disagree, now she is threatening to take me to court.

    Divorce was finial in May of this year, since then I have moved on and I've abided by our divorce agreement. Since then she has told me she can't afford our home has tried to split our children by asking me to take or oldest because she can't hand...

    Joseph’s Answer

    Unfortunately, most of your question needs to be answered with questions. If your divorce was final in May, why do you refer to the house as "our home"? Did you title it as tenants in common in the divorce agreement? What interest do you have in the property exactly, and was there a reason you didn't convey to her the marital house in the settlement agreement as a form of equitable distribution and lump sum alimony? I don't know facts so I am speculating. Hind sight is 20/20 but you should have washed your hands clean of such legally binding connections. Regardless, she can bicker and whine all she wants but she can't make you refinance a mortgage, unless there is some crazy clause like that in the Agreement. I would need to research to see if that's even enforceable. With market fluctuations, credit score approvals, and other factors that would be completely out of both your hands, it’s a third party (the bank) making the decision, not you two. Again, absent some clause in the Agreement, what is the court going to make you do? Refinance? What if the bank doesn't approve you? Last I check the residential real estate market is struggling at best. Most people are under-water, and banks are not handing out mortgages like they use to.
    Are you paying alimony? Because you mention that your ex has been living with her fiancé. Florida Statute 61.14(1)(b)1 has addressed this issue and in most situations when the spouse receiving alimony is living in another "supportive relationship" alimony can be modified.
    The issue with the children is another subject all together. That may need to be addressed in court. Is there a parenting plan, or parental responsibility/contact time plan established? Of course parties can modify it, but what you’re describing here seems like behavior on her part that could be detrimental to the children and their relationship with you. Are you paying child support? That would also need to be reconsidered and modified with a change in parental contact time. You do have legal issues, and retaining an attorney might be a smart choice. But I'm just not sure how much is real legal issues, and how much is the bitter ex syndrome on her part. Best of luck.
    p.s. - please feel free to respond to any of the questions that I posed and I can try and help you as best as possible.

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  • What can i do if my grandfather passed away i need to change the property title to my name.. whats the fastest way to do that

    theirs also backed up property

    Joseph’s Answer

    I might be confused with the form of your question. Is your grandfather living or deceased? I read your question and I get the impression that maybe your grandfather is in bad health and you’re asking what you can do "if" he passed away. If your grandfather has passed away I am sorry for your loss, and the correct approach would be that described by Mr. Huddleston. (Property and assets would be distributed in accordance with a Will or Estate Plan, if no Will than by the laws of intestacy.) If your grandfather is alive, and of contractual capacity, the fastest way to transfer title would be by a quitclaim deed. (This would also apply to the beneficiary of the property if your grandfather has passed. If there is no dispute and the property was to go to you, than a quitclaim deed from the legal title holder would be the fastest means of conveyance.) However, there are no warranties with this and you take the property with the same liabilities, restrictions, or encumbrances that were present when your grandfather (or beneficiary) had title.

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  • In FL, can a court order for child support be filed by petitioner, while dissolution of marriage is pending?

    divorce is contested it will months before its final. currently no child support being paid.

    Joseph’s Answer

    • Selected as best answer

    Ms. Morcroft is correct and is providing you with spot on advice. During the interim period, that is before the final judgment of the dissolution of marriage, you can request temporary relief for alimony, child support, attorney's fees, you can have an order for preservation of assets (if the other spouse is dissolving the marital assets), you can even seek injunctive relief (protection against domestic violence).
    For child support specifically, temporary relief can be filed at any time before the final judgment and will be applied retroactively back to the separation. This is a very important step, and the temporary support can usually supply guidance for the court in determining the child support in the final judgment.
    Temporary alimony could also be available, based on your need and the other spouse’s ability to pay; the objective is to preserve the "status quo" for the spouse during the proceedings. Like temporary child support, temporary alimony will apply retroactively back to the separation, and there can be arrearages. I would look at the self-help forms on the Florida bar site and see what you feel comfortable doing on your own. I would recommend you seek the help of an attorney. If your spouse was financially supportive, and your own lack of funds are precluding you from representation, your attorney can request to the court that reasonable attorney’s fees and costs be paid by your spouse.

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  • Can hacked e-mails be used in court against me?

    I'm in the middle of a divorce. The mediation was scheduled for today, but it was cancelled. My wife called me to meet with me at a public place to work out a divorce plan. I went and met with her, but it was very short. I left after she began a...

    Joseph’s Answer

    I think your question here is more about the admissibility of the "hacked" e-mail communications. An issue that will be very important to consider is the nature of the e-mails. What expectation of privacy did you have with them? Were they sent through Facebook or on a shared home computer? Or were they on your personal computer and password protected?

    Ultimately, any e-mail that is relevant to an issue in your case will be discoverable. Absent some privilege (i.e. - attorney-client, that is the e-mail was to your attorney about the legal representation), relevant communications are open to discovery. You say your wife "hacked" your e-mail, does that mean she downloaded them from your computer? Guessed your password? Or actually broke into your secure files and used illegal software to bypass your security settings and access them?

    If it is the latter, your wife has committed a criminal act, and depending on the issues in your case (e.g. – child contact time) this can be a determinative situation. For the e-mails, you would probably need a hearing with the judge to try and convince him that because of the illegality and “unclean hands” of your wife the e-mails should be inadmissible. Will the judge rule in your favor? Not sure, but at least now the judge has some valuable insight into the character of your wife.

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  • Uncle cremated my mother without my consent

    Include background (Question from a friend that I am trying to help out) Home in Jacksonville,Florida, Before consulting with me my Uncle stepped in and had my Mother Cremated! then transported her ashes to Alabama and scattered them across the G...

    Joseph’s Answer

    To add something new to the answers that you've already received (which both present the correct way to approach the situation, i.e. - was there a Will) I think your friend must also ask him/herself what are they looking for. What satisfaction would be obtained from suing the Uncle? There could be monetary damages if certain circumstances can be proven. But nothing will change the ultimate fact in this situation; unfortunately what’s done is done. Why doesn't your friend ask the Uncle why he cremated her and handled the remains in such a manner? Maybe there is a deeper meaning that your friend is not aware of, and the Uncle would be the person to ask. My opinion would be to try and solve this amicably and not in a court room. Speaking strictly in a legal sense, your friend would’ve been the next of kin under intestancy laws if the mother passed away without a Will. That is for property/assets remaining in her estate. Absent some clear directive that was prepared by the Mother, legal recourse for the Uncles actions would likely be unavailable.

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  • Inheritance issue how do I protect SSDI, Medicare, Medical Asistance for my brother, I am his rep payee for SSDI, on his behalf

    My brother age 55 has a mental health condition, he recieves SSDI @ 800 a month, Medicare, and Medical Assistance, his part -time work is under $600.00 per month for our family business. He lives with our mother, our father passed away this year...

    Joseph’s Answer

    I agree with Mr. Fromm that your best course of action is to meet with an Estate Planning attorney and set up a Trust to maintain for his health, maintenance, support, and welfare. I am not sure from whom your brother is going to inherit the large sum of money from, but that would be a good starting point. If it is from your mother's estate (once she passes) you can design a Will for her with a testamentary trust with your brother as the beneficiary. If it is assets from your father's estate those can be held in a separate trust for your brother with income and/or principle going to him. The Trust itself should have a clause where the Personal Rep. has sole discretion to control, invest, disburse, etc. for a beneficiary that is "incapacitated by reason of legal incapacity or physical or mental illness or infirmity" (addition language will be needed but this is the general direction). As state already the best course of action is to consult with an estate planning attorney. In Florida you can purchase him a house (real estate) under a residential real estate trust. Your brother would be the beneficiary and it would be his home, you would be the trustee. That's just one option, and again I'm not sure if MN laws are similar to FL.
    My law partner practices in Florida with me but she is back in Minneapolis now, she is originally from MN and will be there full time. If you would like to visit our site it is, her name is Georgia and her contact information is on there, and she would be happy to help you. By no means do you have to contact her, that’s just the extent of my MN references.
    Best of luck to you and your family.

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  • Is there a florida statute requiring that an estate remain open as long as there is pending litigation

    I'm just looking to see if there is a florida statute requiring the above

    Joseph’s Answer

    As mentioned above there is no statute requiring the estate to remain open, but rather it falls under the procedural process. If you are concerned about the Probate procedure or the court’s jurisdiction of the estate, it will remain intact during, and subsequent to, the pending litigation. The estate could technically close, for a number of procedural reasons, but litigation and creditors' claims would and could continue. This does not happen often, but in a larger estate, or where there is ancillary jurisdiction (property in another state), inactivity in the FL court could cause the estate to administratively close (1 year of inactivity). In this case, there would not be a fee to re-open, but in other circumstances, like a subsequent administration, there could be costs/fees involved to reopen.

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