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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,292 total


  • How do I legally remove my daughter's father from my father's home?

    My daughter's father refuses to leave my father's house. I moved in with my father after he got sick & he was forced into retirement. He asked me to move in with him to assist him & to help pay for his living expenses since he is now on a fixed in...

    Marian’s Answer

    Your father needs to file an unlawful detainer action. An eviction is for when there is a landlord/tenant relationship. An ejectment is when you are removing someone who claims an ownership interest in property, plus it's in circuit court, much more expensive, difficult action. An unlawful detainer action is procedurally similar to an eviction.

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  • What forms or processes would be needed to apply for legal guardianship of an adult?

    I have a 19-year-old autistic son. It was recommended to us to apply for legal guardianship so that we can help him by signing forms, getting medical services, etc.

    Marian’s Answer

    I am unfamiliar with the solution recommended by Attorney Jacobs. The people that are recomending you obtain guardisnhip over your son are doing that to protect themselves. Your son is an adult which prevents you from having the ability to contract for him. A guardianship of the person does give you a tremendous amount of power of your son. It is also expensive to create and maintain. I recommend you see an attorney for less costly solutions.

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  • How would he go about retaining an attorney and what are the rates or is there a flat fee?

    My son is looking to resolve his marriage of 8 years and needs an attorney because the wife is seeking alimony. They have one child whom he is paying 800 per month currently. He and his wife have been separated over a year and has no desire to g...

    Marian’s Answer

    It is difficult to impossible to answer your questions about alimony and child support without knowing more financial facts pertaining to this marriage. I can't stress enough how important I think it is that your son have an attorney. Decisions made in this divorce will impact your son and grandchild for many years. A good attorney can help your son achieve the most desirable, realistic outcome.

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  • If all of my father's bank accounts are POD, (2 people) as executor, how do i secure money for expenses after he passes?

    As an executor of a will, how do I secure monies after one passes to pay legal expenses and pay off creditors, etc. All bank accounts are currently POD split between myself and my brother. Can this be done before death, so brother doesn't take h...

    Marian’s Answer

    I agree with Attorney Cahill. You never become executor/personal representative if there are no assets to probate. Nor are you responsible for your father's bills. I would suggest your father consider prepaying a funeral.

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  • Can a family member be an agent for me and speak for me in my defense in family court in florida?

    My ex filed a motion stating that I have violated the visitation agreement with y 13 y/o child.

    Marian’s Answer

    If by being your agent you mean your family member would be arguing for you and representing you in court that is the unlicensed practice of law.. No, the family member cannot do that.

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  • Where can I find a person to fill out the legal paper work and send it in along with sending it out to the respondent?

    I'm looking to file for divorce from my wife with kids the packet is huge and some of the questions on here I don't understand I want someone to fill it out for me but not be appointment my attorney for the case. I have done this before and all I ...

    Marian’s Answer

    I agree with both prior attorneys answers. There are attorneys who provide the service you are seeking. There is self help center at the Broward Courtnouse. The Broward Bar Association also has a available a low cost legal program that is very reasonable..

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  • Can I make other grandparent leagle guardian if i become incapacitated or sudden death

    I have permanent guardianship of grandson till he's 18. ..I would like to make his other grandmother legal guardian if anything would happen to me such as death or incapacitated. ..can we fill out legal form and file with court or must we hire ...

    Marian’s Answer

    You can put your wishes in your will but it is not binding. Being the guardian gives you no power to appoint the next guardian. I do not know who else is involved in your grandchild's life but so long as you stay close to the other grandmother if something unfortunate happens to you and she steps in and no one else wants the job she is likely to get the job.

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  • Can I take my son out of the country without needing his father signature since he's in prison?

    I'm a US Resident and I will be traveling to my home country Colombia. I have a child that was born in the US. I remember as a child I would need permission from both my parents when traveling out of the country. My sons father is in prison do I s...

    Marian’s Answer

    You need both parents to get a passport, but there are rules around this. Read the rules carefully to get around them. You can carry around court orders if they are in place governing your ability to travel freely with your child. I am going to tell you what I was told by a border guard crossing a border with my own child. There is no requirement that you have a notarized authorization, but they ask for one. If you do not have it you can be detained for hours while they check for court orders. Figurre out how to get a passport. Have your court orders. If you do not have a signed authorization have proof that your child's father is in prison. Good luck.

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  • What can I do to take action against her, I need some kind of advise before it's too late.

    This is a family matter in which a house that was owned by my mother who passed away in 2010 was her wish to be split between her 5 kids. I am the 2nd oldest, and my sister who is the the 4th decided to claim the house selfishly and quietly with n...

    Marian’s Answer

    You need a lawyer. You do not say whether your mother's estate was ever probated. If your sister took title to the house through a probate because she was named in a will then it is her house. Otherwise, you may well have a claim to the house. If the estate was probated and all five of you own the house together you need to file a partition action to get your value of the house. Five adults sharing a house doesn't always work so well. See a lawyer so you can figure out where you are. Good luck.

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  • How can I have this company correct the false information?

    I Applied for a loan, the bank did a title search on my home using a private company. This company is reporting false information on my home title. It shows liens due to lawsuits. It just happens that those liens and lawsuits are not us. This com...

    Marian’s Answer

    I think they did a name search and those liens came up because someone has the same name. Usuallly you can do a "not me" affidavit and show that is not you. You could probably pull the court files and show that is not you, based upon the allegatiions or where the lawsuit was served. Talk to the Bank about it becuase the goal is to get a loan.

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