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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,326 total


  • Difference between with bond and then without bond?

    I have seen cases where a personal rep or an administrator ad litem may serve without bond or with bond. What is the difference and what may be reason to go with one rather than the other?

    Marian’s Answer

    I agree with both prior attorneys but would add bonds were very rare in Broward County but were subsequently put into place by the judges here in almost all instances where the personal representative is an out-of-state resident. The reasoning is if the personal representative takes the money the bond will pay the beneficiaries.

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  • Is there a general form for a personal representative or do you need to have one on file with each health care provider.

    I'm my father's only child. He's currently in the hospital and the nurse would not give me any medical information over the phone citing HIPAA. Even after she went to my father's room and had me talk to him over the phone. She came back on the lin...

    Marian’s Answer

    I think your father should sign a health care power of attorney so you can communicate with health care providers. The form should specifically allow you to receive information protected by HIPAA. A personal representative is appointed by a probate court after a person is deceased to probate an estate. Good luck.

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  • Can I have child support extended until college graduation?

    My court order says my ex will pay child support until high school graduation. One son should graduate this June, the other child a year from June. It looks as if both will start with community college, still living at home with me. Can I request...

    Marian’s Answer

    No, you will not receive it through the court system. Payments such as you are requesting are strictly voluntary on the part of the non-residential parent.

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  • Can the court make me pay child support even though the child is not mine and was 4 years old when I married her mother?

    My wife filed for divorce if Florida. She is asking for child support even though the child is not mine and was 4 years old when I married her mother. The child was 14 when we separated.

    Marian’s Answer

    The short answer is no, unless you adopted the child. If you were served with a petition for dissolutoin of marriage that asks for chid support hire a lawyer.

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  • How do I legally remove my daughter's father from my father's home?

    My daughter's father refuses to leave my father's house. I moved in with my father after he got sick & he was forced into retirement. He asked me to move in with him to assist him & to help pay for his living expenses since he is now on a fixed in...

    Marian’s Answer

    Your father needs to file an unlawful detainer action. An eviction is for when there is a landlord/tenant relationship. An ejectment is when you are removing someone who claims an ownership interest in property, plus it's in circuit court, much more expensive, difficult action. An unlawful detainer action is procedurally similar to an eviction.

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  • What forms or processes would be needed to apply for legal guardianship of an adult?

    I have a 19-year-old autistic son. It was recommended to us to apply for legal guardianship so that we can help him by signing forms, getting medical services, etc.

    Marian’s Answer

    I am unfamiliar with the solution recommended by Attorney Jacobs. The people that are recomending you obtain guardisnhip over your son are doing that to protect themselves. Your son is an adult which prevents you from having the ability to contract for him. A guardianship of the person does give you a tremendous amount of power of your son. It is also expensive to create and maintain. I recommend you see an attorney for less costly solutions.

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  • How would he go about retaining an attorney and what are the rates or is there a flat fee?

    My son is looking to resolve his marriage of 8 years and needs an attorney because the wife is seeking alimony. They have one child whom he is paying 800 per month currently. He and his wife have been separated over a year and has no desire to g...

    Marian’s Answer

    It is difficult to impossible to answer your questions about alimony and child support without knowing more financial facts pertaining to this marriage. I can't stress enough how important I think it is that your son have an attorney. Decisions made in this divorce will impact your son and grandchild for many years. A good attorney can help your son achieve the most desirable, realistic outcome.

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  • If all of my father's bank accounts are POD, (2 people) as executor, how do i secure money for expenses after he passes?

    As an executor of a will, how do I secure monies after one passes to pay legal expenses and pay off creditors, etc. All bank accounts are currently POD split between myself and my brother. Can this be done before death, so brother doesn't take h...

    Marian’s Answer

    I agree with Attorney Cahill. You never become executor/personal representative if there are no assets to probate. Nor are you responsible for your father's bills. I would suggest your father consider prepaying a funeral.

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  • Can a family member be an agent for me and speak for me in my defense in family court in florida?

    My ex filed a motion stating that I have violated the visitation agreement with y 13 y/o child.

    Marian’s Answer

    If by being your agent you mean your family member would be arguing for you and representing you in court that is the unlicensed practice of law.. No, the family member cannot do that.

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  • Where can I find a person to fill out the legal paper work and send it in along with sending it out to the respondent?

    I'm looking to file for divorce from my wife with kids the packet is huge and some of the questions on here I don't understand I want someone to fill it out for me but not be appointment my attorney for the case. I have done this before and all I ...

    Marian’s Answer

    I agree with both prior attorneys answers. There are attorneys who provide the service you are seeking. There is self help center at the Broward Courtnouse. The Broward Bar Association also has a available a low cost legal program that is very reasonable..

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