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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,259 total


  • Should I file a motion to default if I already have a court date?

    I have a custody hearing coming up on Febuary 3rd. It is highly likely that the mother won't show up. She didn't respond to the initial supeona. Would it be in my favor to file a motion to default prior to the court date of Feb. 3rd? Remember, fil...

    Marian’s Answer

    She would not need to be advised of the motion for default because the Clerk issues the default without a hearing. I would show up on February 3rd to prove your case, which means prove the allegations in your petition.

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  • What am I entitled to in divorce I am married 20 years my son is 15 and he is going to stay with my husband

    I am not contesting it but want to know if I make a list of demands how do I get that legalized

    Marian’s Answer

    You need to sit down with a lawyer, possiby more than one lawyer, to answer this question. You have a 20 year marriage you are dissolving. This issues involved are too great to get an individualized response from an on-line forum.

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  • Would a quick claim deed work to transfer home ownership to a surviving spouse? There is no mortgage on the house.

    I'm trying to help my mom transfer the house title into her name. My father has passed away. Both of my parents name was on the house. Just trying to determine the correct form to use to transfer ownership. There was no will and no other parties ...

    Marian’s Answer

    Lawyers go to school for many years and then practice to get good at what they do. Do it yourself legal can cost you in the long run. If the house is already in both names, mom probably only needs to record a death certificate, affidavit of continuous marriage and affidavit of no florida estate tax due. If the house is only in his name she needs to do a probate. A paid off house is a valuable asset. It's worth hiring a lawyer to be sure it is done correctly.

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  • How to remove my 32 yr. old son from my house refuses to leave when I tell him to get out or give him a deadline

    my divorced 32 yr. son ask to stay with me for two weeks which has turned into almost a year. Does NOT work or contribute any money whatsoever toward any bills, food cost etc. I have a 11 year old son still at home. I'm a single mother and ca...

    Marian’s Answer

    If he won't leave on his own you are going to have to get a court order to get him out. You need to file an unlawful detainer action pursuant to Florida Statute 82, or you can offer him a sum of money to leave.

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  • Hello.. my questions is can you press charges on someone for calling dcf multiple time with false allegations after visitation?

    im in the process of getting a divorce from my former spouse. i have full temporary custody and my former spouse has visitation every 2 weeks on a saturday for 4 hours. each time after visitation i always get visit from dcf with false allegations ...

    Marian’s Answer

    Unfortunately, what you are experiencing is not uncommon. Filing false reports is a crime. Try reporting it to the police or ask your attorney to contact the poice. It is my experience that if the poilce contact your ex and tell him to stop, that usually works.

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  • Did my husband properly answer and what can I do to speed up the processes?

    I filed for divorce and served my husband with a copy. He answered within 20day period: "I currently am unable to admit or deny the allegations raised in the pettion, due to my job I am out of state for prolong time. I need more time to answer." T...

    Marian’s Answer

    If the document your husband filed is titled "answer" I would ask the court to set the case for trial.

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  • My wife is dying and her sister wants her resussitated what legal rights of that does she have

    my wife has cancer and is dying we have 3 grown children her sister is trying to give a resusitation order what rights do we have on this

    Marian’s Answer

    I am sorry you are dealing with this. Unless your wife's sister holds a health care power of attorney for her, I think you can probably ignore her sister, to the best of your ability. Health care providers look to next of kin to make these decisions, absent a health care power of attorney. You are next of kin. If you and your children are in agreement I do not foresee a problem.

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  • If I am an heir of a home along with 3 siblings, and my son resides in the home, what happens if we decide to sell the home?

    I had power of attorney for the family's affairs and my son and I signed a lease for 5 years. Our father recently passed away. We have decided to sell the home to my son but there some doubts as to the legality of selling to my son Please advise.

    Marian’s Answer

    When you had power of attorney you had the obligation to act in your father's best interest. Giving your son a 5 year lease raises eyebrows as to whether that was in your father's best interest. I do not know if you are personal representative or trustee now, but selling to your son also raises eyebrows. It is legal to sell to your son, at fair market value. I also believe a title company will require your siblings to sign quit claim deeds, so you need them on board. You should hire an attorney.

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  • Mother of deceased adult son sold vehicle by forging name and keeping money - and probate is required, can she do this?

    The mother of my stepson, who is deceased, was 21, died intestate with land which requires probate in Florida. She sold the motorcycle, kept the money and signed the deceased son's name. We have proof of this. She is trying to become administra...

    Marian’s Answer

    I assume she filed a petition for administration and sent your husband formal notice, then he objected to her appointment and filed his own petition. I think your husband has a very good chance of being appointed given the facts you have presented.

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  • If i am 18 can my mom go through my mail

    she is threatning me and sent me to jail once before for no reason and the judge knew she was making it up so he dropped the last charges and she is going through everything and i wanted to know if that is legall

    Marian’s Answer

    I think you should move out, get your own place, and put in a change of address with the post office. Then she can't go through your mail. If your mother is trying to have you charged with a crime such that you end up in front of a judge, it's time to move.

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