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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law for Florida on
Q: Can I be charged with a crime?

I used a notary to do a quit claim deed from my property to my mother. Then my mother informed me that she doesn’t want the property. I changed the document quit claim deed transferring the property back to me. I did not go back to the notary. I signed her name on the document because I thought I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

If you signed your mother's name on a document, yes, you could be charged with forgery. But it is unclear exactly what you did. The deed had been signed by you and your signature was notarized, what was written above the forged signature of your mother, something to the effect that... Read more »

1 Answer | Asked in Workers' Compensation and Civil Rights for Florida on
Q: Do I have a workers comp retaliation case. Caucasian workers able to use workers comp without loosing their job.

Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:

..l.

"... It shall be unlawful for any employer to knowingly:

...

"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has...
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1 Answer | Asked in Traffic Tickets for Florida on
Q: I was stopped at a Red Traffic Light, when suddenly I rear ended!! I got an “improper backing” citation of $163 dollars!

She had to suddenly stop, the car in front of me tried running the yellow light, then didn’t and caused me to slam on my brakes and then the car/SUV rear ended me!! She jumped out starting to yell at me!! She parades through 5 lanes of traffic asking for anyone willing to be her eyewitness that I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2022

If the car in front of you suddenly stopped, it seems like you probably shouldn't have been also trying to run the yellow light. But, at any rate, to prove you backed up, the prosecution will have to call the supposed witness. If that person testifies, you can impeach the witness'... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: 4 years ago a roofer damaged the water pipe, but fixed it. Tonight it totally failed flooding the room. What recourse?

In Feb 2018 a contractor replaced our whole roof from a hurricane damage. In the course of the repair one of the workers sawing thru the roof damaged a water pipe that was in the space beneath the roof when we had the whole house re-piped so years earlier. The contractor fixed it (unsure of method)... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

You are going to need someone to fix the leak now. While you are at it, ask that person to tell you if it was the same pipe that the previous contractor damaged and then repaired, and also if the previous repair was done incorrectly and thus caused the present problem. If so, and if you decide to... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

See the Florida Rules of Civil Procedure, particularly Rules 1.280 through 1.280.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

I disagree. The previous custody order doesn't REQUIRE the mother to exercise custody; it gives her the right to have custody. Therefore, she is not in contempt of court.

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2 Answers | Asked in Real Estate Law for Florida on
Q: My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against

My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

She can file several types of "lien", including a "lis pendens" and what is called a "mechanic's lien" in most states. But the contractor can't foreclose unless and until they obtain a judgment, levy upon the judgment and obtain title to the property. It... Read more »

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1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
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1 Answer | Asked in Health Care Law for Florida on
Q: I have been taking care of my mother and she wants to return to her house in PR but she is 89 years old. what can I do?

I live in Florida where she has been for the past 2 years. Can she return to her house ? She doesn’t have a car nor anyone to take care of her in PR. My brother washed his hand of having anything to do with her. He lives in PR.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

If she is in control of her mental faculties, of course she can. But you should try to persuade her to let you arrange someone to take care of her before she goes there.

1 Answer | Asked in Family Law for Florida on
Q: my sim is 17 years old will be 18 in 3 months,He’s staying in a shelter is the consider child abandonment
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

"Child abandonment" is apparently a legal concept in Alabama, and perhaps other states, not in Florida. It's doubtful that you would be prosecuted, if that's what you are worried about.

4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

The fact that the debt was sold to a different company is not a problem; it happens all the time. But also, the pertinent statute of limitations may have run.

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2 Answers | Asked in Personal Injury and Construction Law for Florida on
Q: was driving Sunday night and a big piece of metal was in the street on the bridge of where there is alot of constructon

it did alot of damage to my car who pays for this

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

Contact your insurance carrier, which will pay to fix the damage and in turn require the insurer for whoever left the metal on the street to pay your deductible.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am a co-signer For my son’s mortgage loan. InColoradHe wants to apply for a revolving line of credit with another bank

Using the house as collateral. The application requires me to sign a deed trust to them. It appears that if the loan becomes in default ie son dies, they have the option to auction the house without my concurrence. Is this legal? Or accepted practice? I live in deltona Fl. The house is in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

Apparently, the use of deeds of trust is more common in Colorado than in Florida. It would be like a second mortgage. So yes, it's probably "legal", although the bank may have to pay off the first mortgage if the house is sold at a default.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I buy in PR one third of a real estate property? Been in it a small house and some land.

The land offered to me is in Puerto Rico, one sole owner, free of any incumbrances or/inheritors claims. On that portion there is a small house and some land that includes . The main house is 120 ft away.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2022

What legal question do you want answered? Yes, if you have the money, you can buy the house. If you are thinking about buying a 1/3 undivided interest in the property, you had better think carefully about who the other owners will be, and particularly what you would do if you have disagreements... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Florida on
Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2022

It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have permanent guardianship of a minor child in. I want to give guardianship to a sibling in Florida.

What forms and what state do I file?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

The you would file in the court which originally awarded you guardianship. It is doubtful that the court has forms for that; you need to consult with an attorney licensed to practice law in that state.

1 Answer | Asked in Family Law for Florida on
Q: My mother and stepfather adopted my brother as an adult. Do I have any legal rights to inherit from my mother ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

If she dies with a will, it would generally depend on the terms of the will. If not, your step-father and half-brother would get shares of the estate; so would you.

1 Answer | Asked in Real Estate Law for Florida on
Q: I’m currently building a home and have paid the deposit. What happens in the event of my death? Is the deposit forfeited
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2022

You paid a deposit to the builder and the deposit was to be applied toward the total cost of the home? If you were to die before the job is finished, your estate would owe the contract price, less the deposit. If your personal representative decides, for some reason, to cancel the contract, the... Read more »

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Florida on
Q: I signed POA to my boyfriends mother. Only to get my car out of impound. She now says the car is my ex and it’s hidden

My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2022

It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lease isn’t being renewed and owe nothing. Two evictions on record but I’m in the house? Can’t rent. How can I remove?

Invitation Homes wouldn’t allow catch up payment on their portal. Had to get certified funds and deliver. Resulted in late payments as we had to leave work and go to bank for fund and deliver to their office. They have us month to month thru June and added $1000/month with sly stipulation... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2022

An "eviction" can mean one of several things.

1) If you are late paying rent, the landlord can give you written notice to leave the premises. Or, if you are month-to-month, the landlord can give you such a notice for no reason at all (or apparently failure to abide by the...
Read more »

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