Dawn Marie Bates-Buchanan's Answers

Mother destroyed Original Will from 30 years back....I stashed a copy like a fool....Never helped her make a new one.

I am in agreement with all the other lawyers comments, you need to take action right away. Hire a attorney who specializes in Probate Law and get in there. Once the original will is destroyed, it is revoked and no copy will change that. It is also likely that if the will was made 30 years ago and from another State, even if your brother attempted to say that it was not revoked and is the best copy of the original that exists, it will not be in compliance with Florida Law, meaning that it was...

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How can i have my abusive 16 year old daughter removed from my home. iv done everything from camps to christian home

Please understand that this is not legal advice. I don't know your whole issue. Based on what you have posted, I would suggest talking to Orange County Children's Advocacy Center (407) 317-7430, 601 W Michigan St Orlando, Orlando, FL 32828. They can do two things 1) help you with coping skills and behavioral counseling to deal with your child (to stop you from "loosing it" 2) work with your child, when and if she is ready and willing. These are options that don't require court intervention...

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Verbal agreement over 10 years binding

Although your facts are a little confusing, if you were paying what was court ordered, even if your income increased, her failure to seek a modification over the last ten years would be considered a waiver on her part. Any modification filed now would not be retroactive. As for the failure to comply with the original order, I would also say the failure to enforce for a period of 10 years would also be considered a waiver and he would probably not be succesful in any attempt to collect more...

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If i have primary custody of the the children, does my wife have to pay me child support? Even if I make more than her?

Child support is calculated using the net income of both parties, taking into account the costs of child care, medical insurance and how many overnights each parent has, but it is very possible that even having a higher percentage of overnights if you you have a significantly higher income, you might still have to pay the other parent child support..you should contact an attorney who can calculate what your obligation might be an make sure you get all appropriate credits

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Valuable gifts

This really depends on why your asking. Equitably they belong to your daughter. However, as minors cannot legally have a valid claim on property, except under special circumstances (stars and children who earn money) technically both parents are the guardians of the child and their belongings and could sell them for the support of the child if it was in the best interest of the child.

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I found out we are renting a home with a reverse mortgage is our lease good or can we get out of it

My only addition to this answer is that if there is a clause in the reverse mortgage that might require the property to be and remaine homestead to the homeowner, then the note holder could call in the whole note, and if they actually foreclosed on the home then the Tenant in Foreclosure act would apply, but not before then. So just your knowledge of the reverse mortgage would not be grounds to break your lease

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In a civil lawsuit, can I garnish the trust account of defendants' lawyer?

Yes with a proper writ of garnishment, a lawyer's trust account, for a specific defendant can garnished, however, if the trust account is held for both husband and wife, and your writ is only for the Wife, this would be a defense, as the Husband has an interest in the account and he is not a party to the action, therefore no asset that is owed by a third party may be garnished. Right now anything that is jointly owed by the Wife and Husband is exempt from a writ of garnishment or levy.

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Neighbor mad after 7 months can she still sue?

The Statute of Limitations (the time limit for a person to bring a law suit for damages) for negligence for a personal injury is four (4) years from the date of the injury. The person could sue you and the person negligent in handling the dog, or since you are not working and a dependent, could sue the owner of the dog. The facts you have listed might reduce the amount of liability that you have (i.e. that the dog was on a leash, that she approached the dog, that she used discounted services...

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Chapter 7 Final Didnt Reaffirm House - Bank Can't Produce Mortgage to Foreclose & Locked Me Out/Took Stuff

Even if you "abandoned" the property, until the Court give the title of the property to someone else after a sale, the property remains yours. This is a problem sometimes, because even if you were not living in the home, you could incur expenses like utilties, taxes etc. In your case, if you had stuff in the home and the bank changed the locks and removed your stuff, without following the abandoned property statute, they could be held liabile for the value of your items, including the cost of...

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Florida fraud by trustee of trust

This is not legal advice. I do not know your whole issue and it seems complicated. However, the first thing to remember is that if you speak to and retain and attorney, unless you tell that attorney that you are going to commit a crime, for which that attorney must then report, under most circumstances there is confidentiality between you and your attorney and he or she cannot disclose your actions and would not be involved in your fraud. It would be your attorney's responsibility to discuss...

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