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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,331 total


  • How much do i have to pay if u I decide to settle at my mediation. Does my lawyer still get his 33% Or does he get more..

    I'm just tying to figure out what all I have to pay after the settlement

    Marian’s Answer

    I agree with the prior two attorneys but would add that I assume your lawyer will be with you at mediation and should be able to provide you with close to the number you will get if you settle while you are there, and before you settle.

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  • Should I file for Child Support in addition to an Establishment of Paternity?

    I'm answering and counterpetitioning and unsure if I should also file for Child Support. To my understanding they are separate filings.

    Marian’s Answer

    A paternity action should include a determination of child support and a parenting plan. Your understanding pertains to child support petitions filed by the Department of Revenue. Those actions do not include an adjudication of paternity.

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  • What can I do to see my son.

    I recently broke up with my sons mom and now she will not let me see my son because I'm dating someone else. How do I go about establishing visitation. I'm currently court ordered to pay child support, but I'm allowed to see my son, I live in Tall...

    Marian’s Answer

    You need to file a paternity action to establish time sharing and a parenting plan. Good luck.

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  • Do I need my own lawyer for my father's will even though a lawyer has already been hired to handle the will?

    My sister , who is one of two administrators, hired a lawyer to handle my dad's will for six beneficiaries. Recently, she asked me to sign a 'consent form' and a 'power of attorney ' letter. I refused to sign the power of attorney letter and she s...

    Marian’s Answer

    Yes, you should hire your own attorney, even if its only for a consultation to read the papers your sister sent you, explain them to you, and explain what to expect next. We can't explain that to you on an on-lline forum because we have not read the file.

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  • Do florida probate law suit trials go in front of a judge or jury?

    I may want to file a lawsuit against a open probate case in florida. The deceased owed me a considerable amount of money. I want to know if the cases are heard by a judge or jury. Thanks in advance.

    Marian’s Answer

    I agree with Attorney Kogan, get an attorney now. you have a limited time to file a claim. If the claim is not objected to and the estate has money you should get paid. If the claim is objected to it is then that you file a lawsuit, but the time limits are short. Generally a lawyer wants to try a case regarding a debt before a judge.

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  • Is there a form that can be used on property to have one sibling in sole possession of the parents property.

    Both parents are deceased, to make it legal, is there a form that both siblings can sign that gives the one sibling sole possession of the property. They both agree on the transfer.

    Marian’s Answer

    Yes, there are such forms. There is more than one way you can do this. They can sign consents, waivers or quit claim deeds. You need to hire an attorney to probate either both your parents' estates or the second parent who died's estate. I do want to interject I do not like the fact that the general public thinks all there is to probate is the filling out of forms. All lawyers are not the same. They are not interchangeable. The practice of law can be an art, just like dance, song, or painting. Good luck.

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  • Can an order of the court be done for anything involving anonymous reports to Abuse Hotline.

    My daughter's father is on the losing end of a custody battle and has been making false reports to the abuse hotline alleging drug use. There is no drug use whatsoever and of course he's reporting anonymously. In the past year I've dealt with DCF ...

    Marian’s Answer

    I agree with Attorney Feuerstein, you can report this to the police as filing false reports. Take the police what you have and let the police contact DCF. I have never seen anyone arrested or convicted for filing false reports, but I have seen the police talk to and scare the other party so they stop filing false reports. Good luck.

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  • When relocating, Is the 50miles by driving distance or as the crowd flies?

    My kids father and I share legal custody. He has them about 6 times per month. I am trying to avoid court so I will relocate within the 50miles. but want to know where should I be looking. also if I am within those miles would the court have an is...

    Marian’s Answer

    The 50 miles is measured in a straight line on a map, without regard to driving directions, which is as the crow flies.

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  • CERTIFICATE OF SERVICE IN FLORIDA

    I have a quick question to any attorney. When you are filing any documents or pleading in any case, a Certificate of Service is mandatory in Florida and sending copy of the document to the other party. What happen if someone is not sending copies...

    Marian’s Answer

    This is a historic problem that rarely now exists if you are using the e-portal. You can also regularly check the docket on line. If this is happening to you I recommend you regularly check the docket on line.

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  • Can my ex's attorney act as supervisor for his supervised visitation of our daughter.

    My ex has a history of substance abuse and is permitted supervised visitation of our 7 year old daughter. He rarely sees her and when he does, his sister acts as the supervisor. Our parenting plan lists several people who can act as supervisor a...

    Marian’s Answer

    • Selected as best answer

    I find that bizarre. I cannot imagine why an attorney would want to do that. I would never do that. The attorney is an advocate for your child's other parent. He or she is putting themselves in the position of being called as a witness. That arrangement is beyond my understanding. I suggest you send your attorney an email and put something like "Emergency" on the reference line.

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