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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,261 total


  • 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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  • My sister is mentally challenged, can she choose where and with whom she wants to live? She is 45 years old.

    Mom passed away and she is living with our dad.

    Marian’s Answer

    People in the State of Florida are presumed to be competent unless they are adjudicated incompetent, so she can choose, unless someone gains guardianship over her. However even in a guardianship she is able to give input as to where she wants to ive. The Social Security Administration does not require a order adjudicating a person to be incompetent to appoint a representative payee and frequently designates the relative of a mentallly challenged person to receive the monthly disability payment without a court order.

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  • Can I sue for ownership of a house my parent bought for me but refuses to put in my name as a means of emotional control?

    A family member passed leaving a sum of money which was to be divided amongst my parent & I. To avoid the courtroom, everything was transferred before death. My share was enough to cover the cost of a fixer up home, the money never touched my hand...

    Marian’s Answer

    I agree with both prior attorneys, you may have an equitable action to sue for ownership. I also want to caution you about what happens in the long run when you sue your parents. Do you have an expectation of ever inheriting anything from them? Do they provide you with any other type of financial assistance. What does your life look like if you sever your relationship with them? Think long and hard.

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  • Can a homeless shelter for youth kick out a pregnant girl because she prefers to see a midwife instead of an OB/gyn for care?

    I need advice! My sister is pregnant, under the care of a midwife, and is currently living in a shelter for homeless youth. Ever since the people in charge of running the shelter found out my sister is seeing midwife and not an Ob/gyn, they have t...

    Marian’s Answer

    The homeless shelter is allowed to have rules. It appears their rule is pre-natal care and labor and delivery must be treated with an ob-gyn. Your sister does not have to follow their rules. She can leave.

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  • How to legally get my 18 yr old disrespectful daughter out of my home

    How do I go about this. She doesn't pay rent or do anything around the house to contribute. She's always yelling and starting fights.

    Marian’s Answer

    You can only evict a person if you are in a landlord/tenant relationship with her. The true legal way to do it is through an unlawful detainer action. An attorney who normally does evictions should be able to do it for you.

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  • Will the contempt be withdrawn by the court and closed?

    A person files for contempt of court and requests a general magistrate. The 2nd party objects a general magistrate. No court date has been set by either party.

    Marian’s Answer

    • Selected as best answer

    The person who filed the contempt motion must now schedule the hearing in front of the Judge, rather than the general magistrate.

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  • Is there any help for grandparents to get to visit grandchildren laws and how

    I am in the middle of court hearings, Because she saying my son hit her, and now wont allow us to see our grandson, he didn't do it, but after her injunctions against the whole family has been dismissed she wont and has not let us in his life for ...

    Marian’s Answer

    There are no grandparents rights in Florida, only your son has the ability to get time sharing rights and then he is free to share his time sharing with you.

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  • My uncle passed away, his kids told the wife she is not in the Will and are taking everything from their residence...

    He married in 1993, His last will was made in 1996, His kids say his wife is not in his Will and are cleaning the house of everything including; exotic cars, jewelry, art, etc. The house is in the wife's name and apparently has 3 mortgages on ...

    Marian’s Answer

    She should change the locks and tell her step-children to stay out of the house. She should also get to a probate attorney NOW to discuss her options. Unless she signed a valid pre nuptial agreement she inherits, and she gets to stay in the house, regardless of what is in his will.

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  • What power is given to a personal representative?

    My step mom my sister and I (both adults) are currently in a wrongful death lawsuit and was told that an estate must be setup in order to file. My step mom wants to be the personal representative. My sister and I where wondering what that would en...

    Marian’s Answer

    I agree an estate must be opened to handle a wrongful death claim, but I disagree the proceeds from that wrongful death claim follow a will or intestate succession. I am assuming the wrongful death claim is on behalf of your father, and I am sorry for your loss.

    The proceeds from wrongful litigation follow the wrongful death statute and usually little to none of the proceeds become an estate asset. This is because the wrong death statute is for the benefit of those whom rely upon the decedent for support, typically a spouse and minor children. I have yet to see an attorney willing to take a wrongful death claim if the decedent is unmarried and only has adult children.

    If your father had no adult children, your step-mother has the advantage in this litigation. I hate to be the bearer of bad news. I wish you the best of luck.

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