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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,259 total


  • My wife just died and the property is in both names, what do I need to due to secure it in my name and not to her estate

    I have reviewed

    Marian’s Answer

    I agree with Attorney Romano but would add an Affidavit of Continuous Marriage.

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  • My husband passed away. Anything that was not in both our names named me as the beneficiary.

    My stepchildren want to know if he left them anything. How do I respond?

    Marian’s Answer

    I am sorry for your loss. You tell your step-chlldren that everything was jointly owned or you were named as beneficiary and that there is no estate to probate.

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  • My sister is 18 and my mother is looking to kick her out. How can we do this ?

    She has been arrested multiple times, have assaulted my mother prior to her being 18 and is now pregnant and basically not living at home even now. We would like to have her legally evicted to the point she cannot come into the house for the fact...

    Marian’s Answer

    Your mother can file an unlawful detainer action. Ejectment is for when a party claims an ownership interest in property. I doubt your sister claims an ownership interest in the real property. Evictions are for when there is a landlord tenant relationship.

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  • Help us get our 40 year old alcoholic out of our house. We have called police numerous times and they wont remove him.

    Please someone help us! we are retired people and we cannot get him out of our house as I am writing this he is in the other room drunk while iam locked in my bedroom with all our worldly goods so he does not steal them. We are in a nightmare we d...

    Marian’s Answer

    You need an unlawful detainer or eviction action. You could possibly get a restraining order if you are in fear.

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  • Relocation of Parent that gets paid Child Support...

    The mother is leaving the state for like 4 months and I give her 3,000 child support a month...she wants me to keep the children full time those 4 months...what happens to the child support i pay her monthly during those months? Can I stop paying...

    Marian’s Answer

    I agree with Attorneys Gerber and Constantine. The court order that says you pay $3,000 a month is in place until you get a court order that says differently.

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  • Fighting a positive Paternity test, is it possible?

    I recently was ordered to take a paternity test for a child I didn't know existed and was told I am the father. I met her mother through work and never had a sexual relationship with her. She is now seeking child support from me. I learnt that thi...

    Marian’s Answer

    I am sorry you are in this position. I cannot imagine why you would not want to take a paternity test when you know you are not the father. It should end the case for you. I once represented a man who was being sued for a child he allegedly fathered when he was 7 years old. I was able to get the case dismissed for that reason, but I do not think your facts alone are going to do it for you.

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  • I am heir to an estate where there was no will. what are the rep of the estate responsibilities to the heirs

    my sister was elected representative of the estate. she made promises to get elected. hasn't kept single promise. she has spent money, $300,000 out of $400,000 that was court ordered to be held in escrow. she has spent other money spent as well....

    Marian’s Answer

    The responsibilities of a personal representation are the same whether the personal representative is named in a will or elected among the heirs. An estate that has incurred that amount in expenses and has been going for in excess of five years is going to require an attorney to review to be able to answer your questions. I suggest you hire one.

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  • If I leave my life insurance to my child as my beneficiary does the other parent have access to the money?

    I had tried to create a will and name a guardian for my child but was advised that since the father still has his rights, (even though he has not been involved in my child's life for 9yrs) the father would have access to the money that I leave my ...

    Marian’s Answer

    I have seen life insurance poilcies require a guardianship for money payable to a child, and yes, the father would likely have access to it. See an attorney, create a trust, specify the terms of that trust, name the trustee and alternate trustee. Name the trust as the policy's beneficiary. This way you are separating the child from the money during the child's minority.

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  • How do I find the most successful Attorneys in my area who have won contested divorce cases dealing with Alimony disputes?

    Kids and child support are also involved. Can I go to the clerk of court to find out more information on successful attorneys in my area? What constitutes a successful attorney? Is there some sort of grading system on attorneys? How do I find the ...

    Marian’s Answer

    • Selected as best answer

    I dont' know how much time you have to invest in this pursuit, but here's how I would do it. Find out what District Brooksville is in as pertains to the District Court of Appeals. Find every alimony case rendered in that DCA in the past 20 years. See who won, see if any of those attorney's names appear more than once. It's a time consuming project, but you asked.

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  • I am a single mom of my 6 year old and I have no custody agreement and his father pays no financial support can I move out of FL

    I am being offered a better job in upstate NY plus this is where my 4 other children reside in addition to extended family. The cost of living is lower and the town that my children live in where I will be relocating Rouses Point, NY has practical...

    Marian’s Answer

    I agree with both prior attorneys as to the legalities of your case but want to add the following suggestions. You have a father who actively participates in the child's life and, aside from not paying support, you are not saying anything bad about him. You have the power to move. He has the power to bring you back. Do not come from a place of desperation. I suggest you tell him about your great job opportunity, rather than flee, and see if you can work out a different time sharing scheduled, such as extended time in the summer, Christmas vacation, spring break, etc. Good luck.

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