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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,291 total


  • My former spouse , wrote a holograph will, leaving me the small balance in bank account. Can we avoid probate?

    no children, no debts, no family members

    Marian’s Answer

    I agree with Attorney Goldman that a holographic will without witnesses is not valid in Florida. If it was a valid will you could still not avoid probate. You cannot take a will to a bank to get money. Also, unfortunately, because this was your former spouse you are not an heir under Florida law. I'm sorry to be the bearor of bad news.

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  • Can I hire a lawyer just to help me write a testimonial for my time sharing case, for final hearing/trial?

    Is that costly? Just need help with writing a testimonial for when I present my case to the judge. I am the petitioner in the visitation case.

    Marian’s Answer

    I agree with Attorney D'Augustinis, you should be able to find an attorney who will help you with a piece of a case so long as that attorney does not file an appearance in that case.

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  • 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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