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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,326 total


  • Can I make other grandparent leagle guardian if i become incapacitated or sudden death

    I have permanent guardianship of grandson till he's 18. ..I would like to make his other grandmother legal guardian if anything would happen to me such as death or incapacitated. ..can we fill out legal form and file with court or must we hire ...

    Marian’s Answer

    You can put your wishes in your will but it is not binding. Being the guardian gives you no power to appoint the next guardian. I do not know who else is involved in your grandchild's life but so long as you stay close to the other grandmother if something unfortunate happens to you and she steps in and no one else wants the job she is likely to get the job.

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  • Can I take my son out of the country without needing his father signature since he's in prison?

    I'm a US Resident and I will be traveling to my home country Colombia. I have a child that was born in the US. I remember as a child I would need permission from both my parents when traveling out of the country. My sons father is in prison do I s...

    Marian’s Answer

    You need both parents to get a passport, but there are rules around this. Read the rules carefully to get around them. You can carry around court orders if they are in place governing your ability to travel freely with your child. I am going to tell you what I was told by a border guard crossing a border with my own child. There is no requirement that you have a notarized authorization, but they ask for one. If you do not have it you can be detained for hours while they check for court orders. Figurre out how to get a passport. Have your court orders. If you do not have a signed authorization have proof that your child's father is in prison. Good luck.

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  • What can I do to take action against her, I need some kind of advise before it's too late.

    This is a family matter in which a house that was owned by my mother who passed away in 2010 was her wish to be split between her 5 kids. I am the 2nd oldest, and my sister who is the the 4th decided to claim the house selfishly and quietly with n...

    Marian’s Answer

    You need a lawyer. You do not say whether your mother's estate was ever probated. If your sister took title to the house through a probate because she was named in a will then it is her house. Otherwise, you may well have a claim to the house. If the estate was probated and all five of you own the house together you need to file a partition action to get your value of the house. Five adults sharing a house doesn't always work so well. See a lawyer so you can figure out where you are. Good luck.

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  • How can I have this company correct the false information?

    I Applied for a loan, the bank did a title search on my home using a private company. This company is reporting false information on my home title. It shows liens due to lawsuits. It just happens that those liens and lawsuits are not us. This com...

    Marian’s Answer

    I think they did a name search and those liens came up because someone has the same name. Usuallly you can do a "not me" affidavit and show that is not you. You could probably pull the court files and show that is not you, based upon the allegatiions or where the lawsuit was served. Talk to the Bank about it becuase the goal is to get a loan.

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  • Is more than the financial affidavit really required for Mandatory disclosure if neither party requests it?

    I was reading about Mandatory Disclosure, I know my ex does not have everything, if he can even provide any of it, required to be provided for this and I don't really want it, I can provide some of it but not all of it myself, if we both provide t...

    Marian’s Answer

    So long as you and your spouse agree you can waive the production of mandatory disclosure of everything except financial affidavits, which are required.

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  • Please see explanation.

    My brother had no motorcycle insurance and was severely injured by a person who ran a red light. The drivers insurance company offered $36k that the drivers policy covered. Could I have gotten him more money from the insurance company?

    Marian’s Answer

    I dont' think anyone can answer this question with the information you provided. A severe injury is generally a policy limits case. Many years ago my brother was completely disabled as the result of an accident. It was a policy limits case. Best of luck to your brother.

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  • Am I required to let her go to her grandmas for his week while he is deployed?

    I have split custody with my daughters father., one week on and one week off. He works so much that his mom keeps her the entire time during his week which I have allowed because he said he can have her with whomever he wants on his week. He is de...

    Marian’s Answer

    The answer to this question is too long for this forum, but there is merit to what your daughter's father says. http://www.ncsl.org/research/military-and-veterans-affairs/2013-military-parent-custody-and-visitation-legislation.aspx

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  • Approximately how long would it take to open probate?

    I would like to to open probate on my brother's estate as quickly as possible, but am not sure if summary administration is the best choice. It's been 2 years since his passing and his bank is still trying to take me to court over his home in for...

    Marian’s Answer

    I agree with Attorney Foster but would add in my 24 years of practice I have never seen the probate courts in Miami-Dade and Broward operate slower. They are overworked and underfunded. If you want to proceed, get started.

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  • Does this sound like a potential cause for will contesting?

    My father, recently on morphine, has changed his will. He has been adamant for decades over his plans on when he passes where his belongings will go. He has mentioned this to friends, family and anyone who knows him has known exactly what he has...

    Marian’s Answer

    Yes, it smells like a fish. Will contests are very expensive and their results are uncertain. If your father is still living I highly recommmend you see what you can do for him now.

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  • Can I initiate litigation proceedings on my brother’s behalf without opening probate?

    I am the executor to my brother's estate, but never opened probate because all he had were debts. After his passing I learned that he had a business partner that may have stolen a great deal of money from him.

    Marian’s Answer

    You cannot initiate a lawsuit on your deceased brother's behalf unless and until you are appointed Personal Representative of his Estate. Then the lawsuit is brought on behalf of the Estate, not you personally.

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