Questions answered by Gerald F. O'Brien

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Do I need an attorney to vacate a transfer of custody as legal guardian?

Gerald's answer | Answered on August 19, 2015

Was the action originally filed in MN? If so, was the guardianship subsequently transferred to Florida? I suggest you contact an attorney...

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My ex-wife passed away in May. I was just informed that the life insurance policy which named me as beneficiary was now void

Gerald's answer | Answered on August 13, 2015

You haven't provided much information. Why is it void? Were premium payments kept current or was the policy allowed to lapse? Did the policy...

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What is the best options to ensure my assets go to my 2 minor children without going thru probate?

Gerald's answer | Answered on August 12, 2015

Using a trust, if it is funded correctly, may alleviate the need to probate your assets, thus avoiding the expenses of probate and the delay before...

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I filed a paternity petition and a few weeks later my ex hit me with child support papers? can that happen?

Gerald's answer | Answered on August 06, 2015

I actually don't believe you made a mistake by filing the Paternity Petition. I congratulate you for manning-up, you are seeking to accept...

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I need to become the excutor of my moms estate who recently passed away leaving no will very small estate

Gerald's answer | Answered on August 05, 2015

1. Consult with an attorney. 2. Determine the size of the Estate 3. If total estate is $75,000 or less proceed with Summary Administration 4....

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How do I get my money back that my parents held on to?

Gerald's answer | Answered on August 02, 2015

Hmmm. So you hid this money from your spouse why? Did you ever disclose the existence of this money? Sounds like the chickens have come home to...

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Is It illegal in Florida for someone whom lives at the same residence to audio/video record you without your consent?

Gerald's answer | Answered on August 01, 2015

This is a possible criminal and civil violation. You may wish to read Florida Statute 934.03. Please contact an attorney near you to discuss. ...

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Can my bank hold my positive balance?

Gerald's answer | Answered on August 01, 2015

If you have a negative balance, you owe the bank the money. As a practical solution, you should square-up with the bank as soon as you can so that...

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I have a patient that I am a personal caregiver to and has a lot of monietary accounts his wife left him and I need help gathing

Gerald's answer | Answered on August 01, 2015

Honestly, your question makes me uncomfortable. Why are you concerned about his Will? His Will is his own personal business and he should speak...

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I can't afford to pay my credit cards anymore. I haven't paid them in 3 months. What should I do?

Gerald's answer | Answered on July 29, 2015

Have you considered bankruptcy? I suggest you contact an attorney near you whose practice includes bankruptcy.

Gerald F. O'Brien's Answers (156)

Do I need an attorney to vacate a transfer of custody as legal guardian?

My ex-wife passed away in May. I was just informed that the life insurance policy which named me as beneficiary was now void

What is the best options to ensure my assets go to my 2 minor children without going thru probate?

I filed a paternity petition and a few weeks later my ex hit me with child support papers? can that happen?

I need to become the excutor of my moms estate who recently passed away leaving no will very small estate

How do I get my money back that my parents held on to?

Is It illegal in Florida for someone whom lives at the same residence to audio/video record you without your consent?

Can my bank hold my positive balance?

I have a patient that I am a personal caregiver to and has a lot of monietary accounts his wife left him and I need help gathing

I can't afford to pay my credit cards anymore. I haven't paid them in 3 months. What should I do?