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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,326 total


  • Changing name of person within a will.

    I am listed on my mother's will, and I recently changed my name. However, the will still reflects my old name. How do I amend the will? Must I at all? A codicil? Those two witness... can they be anyone? I have access to both the will and a ...

    Marian’s Answer

    I don't foresee this being a problem. When the time comes and you either petition to be the personal representative or you are a beneficiary, for clarity, I would refer to you as Mary Jones f/k/a (formerly known as) Mary Smith.

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  • Does a home I inherited in Florida worth 130K have to go through probate in order to sell it?

    I am the executor on my fathers will who passed. My brother is a beneficiary. He is trying to take over the sale of the house. Is he able to do this, since I am the executor? Is a lawyer needed to execute the sale and if so what kind? Is going t...

    Marian’s Answer

    I agree with both prior attorneys. Being the executor is meaningless without a court order giving you power. I have no idea how your brother is going to take over the sale of the house, unless he is petitioning for probate. You need to hire a lawyer to probate your father's estate to sell the house.

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  • Am I able to "block" my ex from contacting me once our child is 18?

    I have full custody of my son. He has not seen his mother in 3 years. It was recommended by the family therapist that he not have contact with her. I have always encouraged it on his terms, but she was abusive and he refuses. Now that he is 18 he ...

    Marian’s Answer

    Yes, you can block her. You have no obligation to her.

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  • My child doesn't have a father so how can I be sure that he will go to my mother if I die

    My child doesn't have a father so how can I be sure he will go to my mother in case I should die

    Marian’s Answer

    I agree with Attorney Feuerstein but would add, in your situation I specifically create a trust, because minors can't inherit very much money without a guardianship. A guardianship is expensive and cumbersome. You may not have very much money now, but it is possible, if you die tragically in an accident that was not your fault, your estate could be very valuable. I create the trust for that reason, so the money can be separated from the child, payable at the discretion of the trustee so the child is not financially desirable to the absent parent. Estate planning is very important though you always hope you never have to use your estate plan until your child is a senior citizen. Good luck.

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  • If I file for a injunction and get denied if I keep doin it on different occasions can I get in trouble

    I fIle a injunction befor it got a approve I drop the temapary and later down the road other inncedents happen and the keep denying me so what happen if I keep asking but he hasn't put his hand on me he just don't leave my home

    Marian’s Answer

    I agree with Attorney Tischhauser but would add if you want to get him out of your house you either file an eviction (if he pays rent) or an unlawful detainer action (if he is a guest who has overstayed his welcome).

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  • Can I get a copy of my daughters birth certificate and take it to my daughters school so I can be informed of grades, illness

    Im wondering what I can do to be able to discuss my daughters schooling since my ex hasnt listed me on any list with any schools..Therefore, they arent able to tell me anything. If I was to get a copy of her births certificate would that be enough...

    Marian’s Answer

    Only if Emily's father has an Order Determining Paternity entered in his favor or was maried to Emily's mother at the time of her birth. The unmarried mother of a child has ALL the rights until an Order Determining Paternity is entered. If all you have is your name on a birth certicate, that is not enough. If you want rights, file a paternity action. Rights bring responsibilities.

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  • What does "notice of withdrawal of notice of hearing" mean?

    I'm in a custody battle never married. He has a lawyer I do not. His lawyer has filed something I don't understand. No one is returning my emails or my calls to their office for clarification of the matter.

    Marian’s Answer

    I believe it means the hearing has been cancelled. If he set it he has the right to cancel it. If you, or the court, set it he does not have the right to cancel it.

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  • My personal injury lawyer has not returned my 14 telephone calls over three months. What should I do?

    Rear-ended May 2014. Physical therapy and visits to several M.D.s have not resolved my neck issues. Most recent doc wants $2000 to do a report for my lawyer on my injury and prognosis.

    Marian’s Answer

    Send him or her a certified letter asking every question you have and see if you get a response.

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  • How to check if probate has been opened.

    Is there a way for an individual to check on public record if probate has been opened and has been appointed authorized representative of an estate?

    Marian’s Answer

    Yes, you can go to the Clerk of the Court's website and search the probate records by typig in the name of the Decedent.

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  • Can I legally go on vacation with my son without his permission?

    I have a 1 year old, his father and I were never married and have not been together since before he was born. We do not have a court order for time sharing. I have planned a trip out of state ( back to my home state). I told my sons father when we...

    Marian’s Answer

    Yes, you can go with your son. You have all the rights. If the DOR gets a child support order, you still have all the rights. In order for your baby's father to get rights he has to file a paternity action. Then he can get rights. Good luck.

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