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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,332 total


  • How long does probate take for a simple estate in Florida?

    My estranged father passed away 2 months ago and per a phone conversation between my mother (his ex-wife) and his widow, "provisions" were made for me in his will. She provided no other information and my mother did not ask for more details. I hav...

    Marian’s Answer

    I agree with Attorney Valdes but would add if your father had no assets to probate there is no probate. If you are named on a death benefit for the military pension, if such a thing existed, you can inquire directly to the plan administration. If you know where the life insurance policies are you can also inquire directly. You can ask your step-mother or you can hire an attorney to investigate and inquire. Good luck.

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  • Can I move out of my parents home at the age of 18 while still in high school?

    I am currently 18 years of age and wish to move out of my parents house. I actually want to move kit of state. I am in Destin, FL. My mother constantly throws in my face that I may not leave her house while I'm in high school, even though I am of...

    Marian’s Answer

    Your mother is incorrect. You can move out of your parents house and anywhere you want once you turn 18.

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  • Removing My 18 Year Old Son From My Home

    My 18 year old son for a multitude of reasons has exhausted his living privileges in my home. I have given him numerous warnings, should he continue to not follow the rules and be disrespectful and its time for him to go. I have given him a writte...

    Marian’s Answer

    Unlawful detainer is the way to go. Alternatively you try offering you son money to leave and change the locks behind him. Good luck.

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  • APPEARS SON WILL GET FULL CUSTODY - MOTHER WON'T GIVE DAUGHTER HER DOG. WHAT CAN WE DO?

    HI, I KNOW THIS IS AN UNUSUAL QUESTION. MY SON HAS TEMP CUSTODY OF HIS DAUGHTER WHO WILL BE 12 YRS OLD JAN 2016; HOPEFULLY WILL GET FULL CUSTODY. MOTHER BOUGHT & PAID FOR DOG AT HUMANE SOCIETY BUT GAVE IT TO HER DAUGHTER AS A GIFT.. MOTHER KEEPS ...

    Marian’s Answer

    I am truly sorry for your granddaughter's situation. I once sued for dog custody in a same sex couple dispute and I won a dog because it was determined to be a gift. That being said, I don't think children can own property. But you may get a judge who thinks differently. However, lawyers are very expensive, and that's an hourly billing case. I foresee it costing thousands of dollars, not necessarily worth it, unless you have this much money for this issue. Then, if you win, and you won't necessarily win, how do you gain possesion of the dog? Could be very difficult, and not necessarily happen. My strong suggestion is you take your granddaughter and let her pick out a new dog, of her own choosing. I know it's not the same but it's the best solution I can come up with. Good luck.

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  • Does an attorney have to file a notice of appearance for every case presented in court?

    Tampa FL...ongoing child support case...the other party had a lawyer back in July...which I received a notice of appearance for....the case was presented and an agreement met. Now they have filed contempt...but I haven't received another notice of...

    Marian’s Answer

    If the attorney signed the contempt motion your ex is still being reprsented by the attorney. If your ex signed the motion his/herself then he/she is self-represented.

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  • In 2015, did the order of payouts in probate change?

    My attorney is to be paid first, but in reading florida law, I see that personal representatives are to receive a fee as well. How is this determined?

    Marian’s Answer

    Florida Statute 733.707 states the order of creditor's claims to be paid. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.707.html I would respectfully suggest your attorney gets paid first beause he/she will not work if they don't.

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  • When a creditor is a family member of the deceased, do they have more rights than other creditors?

    My ex in laws have filed a law suit against me personally and as personal representative, can I use the estate funds to pay for my attorney in this matter?

    Marian’s Answer

    Ask your probate attorney. If the Estate is being sued I would think you can use estate funds to pay to defend the estate.

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  • Who pays attorney fees in probate once the estate money runs out?

    My probate estate has been open since April 2014, we are trying to close but creditors are objecting. There is no money left and now my attorney says he is charging me out of Pocket because he is representing me personally... How is this possible?

    Marian’s Answer

    I don't know the answer to yours question without reviewing the estate and your retainer agreement. Read your retainer agreement. Ask for a copy if you don't have it. I require payment for estates either in full at the beginning or, alternativelly, by the time the inventory is filed so this never happens.

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  • How long after a death does one have to settle an estate.

    My brother was the executor of the estate, he told me time was up to settle the estate.

    Marian’s Answer

    I agree with Attorney Goldman. If you believe there are assets to which you are entitled, and you can't get your brother's attorney to talk to you, I strongly suggest you consult with your own attorney so he/she can explain the process to you and help you get your money if need be.

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  • Does an acknowledgement of paternity signed by both parents establish the father as legal and can this be used as legal document

    To petition for visitation at a later date. I am not able to afford lawyer to help right now

    Marian’s Answer

    No, your signed acknowledgment does not establish paternity. A court order establishes paternity.

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