Marian Audrey Lindquist’s Answers

Marian Audrey Lindquist

Fort Lauderdale Probate Attorney.

Contributor Level 17
  1. What is an attorneys compensable value of a 210k estate

    Answered over 2 years ago.

    1. Marian Audrey Lindquist
    2. David Phillip Folkenflik
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Pursuant to the statute a fee of 3% is presumed reasonable, which is $6,300. They are allowed to charge more for extraordinary services, such as closing the sale of real property, or preparing an estate tax return. See Florida Statute 733.6171 http://www.flsenate.gov/Laws/Statutes/2012/733.6171

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  2. If a burglar breaks into a house and trips and injures himself on the property can he sue for personal injury?

    Answered almost 3 years ago.

    1. Marian Audrey Lindquist
    2. Robert John Sunner
    3. Nicholas David Russo
    4. Michelle L. Kelson
    5. David McCormack
    6. ···
    6 lawyer answers

    He CAN because anyone can file a lawsuit, but I don't think he SHOULD. If you get sued, or contacted by an attorney, contact your homeowners policy to defend you.

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  3. FL: When does a probate attorney get paid?

    Answered 5 months ago.

    1. Marian Audrey Lindquist
    2. David Michael Goldman
    3. Jane Elizabeth Hendricks
    4. Robert Jason De Groot
    4 lawyer answers

    Once again, read your retainer agreement. I get paid early on, either at the beginning or when the inventory is filed. There a lot of documents filed before the estate is closed: accounting, or waivers, receipts, petition for discharge, statement regarding creditors, proof of claim, consents to discharge, possibily others.

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  4. I put my sister on my properties for when I die . It was a verbal commitment , now she is saying she owns half of everything whi

    Answered 10 months ago.

    1. Marian Audrey Lindquist
    2. David Michael Goldman
    3. Nikhilkumar Manharlal Patel
    3 lawyer answers

    You have a real problem because the legal presumption is that when you put someone else's name on your property you have given them a gift. She's right. She does own half of everything. Take your papers to an attorney. The burden is on you to prove it was not a gift and it's a substantial burden. I'm sorry you have this problem.

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  5. If I found the proceeds of an old insurance policy issued(1942) to my mom in unclaimed funds in NY who can i distribute to?

    Answered about 1 year ago.

    1. Marian Audrey Lindquist
    2. Sabrina E Solomon
    3. Gary Roger Waitzman
    3 lawyer answers

    You should consult with a New York lawyer as your mother was a resident of New York and that's where the Estate was probated. In Florida it would go half to you and half to your brother's children, in equal shares.

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  6. Six siblings inherited my father's house. One won't sell. Only I can afford upkeep or mortgage. Can I buy the note & foreclose?

    Answered about 3 years ago.

    1. Marian Audrey Lindquist
    2. Joseph Franklin Pippen Jr.
    3. Marva Lynn Wiley
    4. Steven J. Fromm
    4 lawyer answers

    I have encountered this problem before and the only way I have ever helped a client resolve it is through partition which, by the way, always works. Outside of the probate arena I have, several times, had clients try to purchase mortgages from commercial lenders because there is a property they have wanted that is abandoned. We have never been able to get a commercial lender to sell us the paper. I think it must have to do with their regulations or insurance on that paper. In your...

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

    Answered about 2 months ago.

    1. Marian Audrey Lindquist
    2. James M. Weaver
    3. Jane Elizabeth Hendricks
    4. Dennis M Astill
    4 lawyer answers

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

    Answered about 2 months ago.

    1. Samantha Jean Fitzgerald
    2. Joseph Franklin Pippen Jr.
    3. Marian Audrey Lindquist
    4. Joshua Eli Adams
    5. Scott Raymond Dwyer
    6. ···
    6 lawyer answers

    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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  9. Is it necessary for a widow to change the house title to her name in Florida after husband´s death in order to write a will?

    Answered 5 months ago.

    1. Marian Audrey Lindquist
    2. Derek William Craig Dreyer
    3. Eve Winesett Travis
    3 lawyer answers

    No. She does not have to take her husband's name off the house before she writes a will. Someday, before that house is sold, her husband's name will have to be taken off. I think it's better planning to take it off now, to asertain how difficult it is, and what needs to be done. If they owned the house as husband and wife it is not difficult or terribly expensive, to take his name off. I would do it now.

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  10. In a divorce, are Inheritance monies that are recieved part of a divorce, or do they stay with the party who inherited them

    Answered 5 months ago.

    1. Marian Audrey Lindquist
    2. Tami Lane Augen
    3. Thomas Arthur Hackett
    3 lawyer answers

    The general rule is inheritance money is non-marital property. You can make it marital if you use it to purchase items that are marital, such as a home. You can also make it marital if you put both names on it. If you have a large inhertance and are considering divorce, consult with attorney(s) in person.

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