Dawn Marie Bates-Buchanan’s Answers

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...

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

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...

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...

This would depend on a few things, 1) if your parents are filing in MN or FL 2) where the child is. If the child is in Florida with you, then under Florida Law, unless the Court under Ch. 39, for abuse, abandonment or neglect, removes the children and places them with the Grandparents, they cannot use Florida Statute Ch. 751 to gain custody, without your consent. Florida Statute 751 requires the child to be in their care. If the child is in their care, they should be filing in MN and if they...

Anyone can file an Injuction for Protection Against Domestic Violence anytime. However, the Judge who reads the Petition has three options. 1) to deny the Petition outright, 2) to set a hearing on the Petition but not grant a temporary order that resticts contact or 3) to grant a temporary order that restricts contact and set a hearing. If you are served with the Petition and a hearing is set, you must go to the hearing and tell your side and I would suggest hiring an attorney who can file a...

I think that you more important issues is getting the hearing reset. If there is a new date, but it is very far off, because of the continuance, you can file a Motion for Rehearing if the last hearing has been less then 10 days, and provide any informaiton you have that the Father was not Baker Acted. I think the better strategy is to go to the hearing with any and all information you can get on his background and disability, and or his being Baker Acted, and they if you can show the Court he...

I am sorry for the loss of your father. Unless your father had a will that specifically named his girlfriend in it, and provided for her, then she would have no legal right to any part of his estate, except property that she jointly owned with him (a car in both parites names, a home in both parties name etc..). You should consider hiring an attorney to help you understand and probate his estate right away.

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.

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