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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,259 total


  • I just became a father about 14 hours ago and I am not with the mother can I still go see my son in the hospital without consent

    She has kept me away from the whole pregnancy and I have only been to 1 doctors appointment and now he is born so can I see him without the moms consent in the hospital?

    Marian’s Answer

    I agree with Attorney Morcroft. Since you are not married to the mother, she has ALL the rights. You must file a paternity action to get rights, and with rights come responsibilities.

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  • Am I responsible for paying dues on a condo that I'm a heir to?

    My mother died with no will. As I'm the eldest and most active in taking care of her and her estate, the HOA where her condo is bills me the dues. Florida requires a lawyer to put the estate through probate, but I cannot afford their high price. M...

    Marian’s Answer

    I agree with Attorney Bryant. You don't tell us whether the condo has any value. Does it have a mortgage? Is there equity in the condo? If there is equity in the condo it makes cents/dollars to figure out how to convert that value to cash which includes paying for the probate and condo maintenance. It's a straightforward business decision.

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  • Moved from Fl to Ala to go to college last summer. Was dating a guy for a few weeks in January, we broke up, now I am pregnant!

    I am age 24, moved from Florida to Alabama to attend college last summer. Was dating a guy for a few weeks in January, we broke up then I Found out I was pregnant. He does not want to pay child support and I do not want him to be involved with me ...

    Marian’s Answer

    He is not allowed to sign away his rights. Unless an order is entered in a paternity action he has no rights. If you receive public assistance the State is going to attempt to go after him for child support. You would benefit from a consultation with a family law attorney to understand the position in which you find yourself.

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  • If something happens to my husband and I, what happens to my minor children?

    I am confused about whether probate court or family court would decide who would have legal custody over my minor children if something happened to my spouse and I.

    Marian’s Answer

    This a good thing to make arrangements for and it is likely to never be necessary to use. See a probate lawyer and prepare a will or trust, depending on what works best for you. You can designate who you want to care for your children in the unfortunate event something happens to you and your husband.

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  • Order of monies distributed from estate account.

    My attorney is asking for his money before anything else is done? Can I pay him from the estate account?

    Marian’s Answer

    Ask your attorney, but the answer is generally yes, unless the money is in a restricted depository.

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  • Is a will that is made in the U.S. valid for property located in Trinidad and Tobago?

    My grandfather is elderly and is having problems with his long time friend, whom is a lawyer. His entire will is not specific. My grandfather has property located there, and is leaving the property to his children. The will states that all the ...

    Marian’s Answer

    I am currently probating an estate in Florida that involves property in Trinidad and Tobago. The attorney in Trinidad and Tobago needed a copy of the Floria letters of administration to administer the estate in Trinidad and Tobago. I do think, ideally, your grandfather should prepare a will that specifically states what he wants and hire attorneys in both jurisdictions to draw up appropriate legal documents.

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  • How do i stop being taken to court on false allegations concerning my children.

    Taken to court, social workers at my home 3 times, police department

    Marian’s Answer

    I do not handle DCF cases, so I am only giving you advice based on incidents I have seen with clients who were dealing with this situation while I was handling another matter for them. If it is the same person who keeps reporitng you, and you know who that person is, and DCF determines the allegations are false try contacting the police to report that person for making false allegations. DCF is under a mandate to investigate every allegations. If they have been there 3 times, expect them to come back and live your life as though you are living in a glass house.

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  • My father passed away and my parents were separated, pending divorce. What are my rights?

    My father passed away unexpectedly at 66 years old a few months ago and did not have any will or testament. My parents had decided to get a divorce and were working on doing so. Many of these conversations are electronic and available. As his only...

    Marian’s Answer

    Until a divorce is finalized your parents are still married and your mother has all the rights of a spouse. You may, or may not, have rights. It depends on a lot of factors, such as, did your father have any property titled only in his name? Did he have a will? If he did not have a will, did he have any children that had a different mother than your mother. See if you can determine the answer to these questions and consider scheduling an appointment with a probate attorney to go over the facts of your situation.

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  • I am creating a will an have sole parental responsibility and father has no visitation (he is in jail). Can I name a custodian?

    Do I have the right to name someone in my will to take over my rights to my child in the case something happens to me? Would it be honored or if the father got out of prison would he just be handed over to the father? The father as of now has to p...

    Marian’s Answer

    Yes, you can name a guardian, but that does not mean it will be honored, but it may well be. It's a step in the right direction. I also urge you to create a trust naming a separate person as trustee over the money, as opposed to the guardian. This takes away the potential that your child's father ever gets the money, it separates the child from the money. It also takes away the need for a guardianship over your child's money, which is very expensive. I urge you to talk to an attorney about how to structure this.

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  • Can a father give up parental rights to a minor child in a divorce case?

    I know the Court has a separate packet for giving up parental rights, but was just wondering if it could be done all in one case rather than two separate cases. Thanks!

    Marian’s Answer

    A father can agree to give a mother sole parental responsibility in a divorce, but he cannot generally give up his parental rights in a divorce. The giving up of parental rights is generally one done when there is a step-parent in the wings waiting to adopt.

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