Joseph Phillip Henn’s Answers

Joseph Phillip Henn

Orlando Probate Attorney.

Contributor Level 4
  1. In FL, can a court order for child support be filed by petitioner, while dissolution of marriage is pending?

    Answered almost 2 years ago.

    1. Joseph Phillip Henn
    2. Heather Morcroft
    3. Mary Ann Nardi
    3 lawyer answers

    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...

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

    Answered almost 2 years ago.

    1. Steven J. Fromm
    2. Amanda Rae Hespen
    3. Joseph Phillip Henn
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Uncle cremated my mother without my consent

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Joseph Phillip Henn
    3. Robert Jason De Groot
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Seril L. Grossfeld
    2. Adam Troy Rauman
    3. Joseph Phillip Henn
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Joseph Phillip Henn
    2. Joshua Eli Adams
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  6. 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

    Answered almost 2 years ago.

    1. C L Huddleston III
    2. Elizabeth Smith Schmitz
    3. Joseph Phillip Henn
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Joshua L Fenton
    2. Dorota J. Trzeciecka
    3. Joseph Phillip Henn
    3 lawyer answers

    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...