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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Probate for Florida on
Q: How do I go about claiming my father's assets as mine im his only child and we shared the home as it is my legal address

there's been no will found he sold the land to his brother but not the mobile home he had rights to it til he died they won't let me come home have taken everything out of my home and moved someone in

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

It appears that you may be qualified for Disposition without administration.

See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735PartIIContentsIndex.html&StatuteYear=2021&Title=%2D%3E2021%2D%3EChapter%20735%2D%3EPart%20II

1 Answer | Asked in Divorce for Florida on
Q: In Florida, is a process server allowed to give a summons to anyone other than the person being served?

A process server came to the house to serve my mother in-law with divorce papers. She was sleeping because she works the night shift so my sister in-law answered the door and told him she was sleeping. He gave my sister in-law the summons and took down her first name and age. My sister in-law was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

Yes. As long as the sister-in-law is 15, or over, that's good service.

2 Answers | Asked in Probate for Florida on
Q: My dad got married in Jamaica 10 mos before he passed is his original Will stating he’s single without naming her legal

He went to Jamaica to get the marriage annulled but got really sick and died 2 days after he arrived in Jamaica before he had a chance to do so. Is she still entitled to a percentage of his estate that she never visited or lived in or contributed to here in Florida?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

I believe the question is "Is she still entitled to a percentage [?] ...". And yes, as his widow, she is entitled to a spousal elective share.

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1 Answer | Asked in Divorce for Florida on
Q: Married purchased house in Florida he’s not on note or deed this year. If someone else is on deed can spouse be evicted

We are both from sc

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

Yes, if the mortgage note is not paid, everyone in it can be evicted.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a piece of property has been abandoned and owner dies. Can someone take possession openly, clean property up.

Openly occupy hoping to get adverse possession. Has paid 8 years property taxes and all improvements. Claim reimbursement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

You appear to be referring to Florida Statute 95.18 Real property actions; adverse possession without color of title.—

You would have to be in possession "under a claim of title exclusive of any other right"; simply "squatting" won't be sufficient.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Me and my dad Signed a one-year lease at an apartment complex he’s not wanting to pay rent next month
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

If the rent isn't paid, the landlord can evict both of you, if that's what you wanted to ask.

1 Answer | Asked in Consumer Law for Florida on
Q: Consumer Protection/Rights and Prevention of Wage Garnishment for debt that is not ours!

Hello, my husband and I live in Florida and a company supposedly bought this debt from Home Depot and is now trying to garnish my husband's wages. My husband is the only source of income that we currently have, I am pregnant and lost my job due to Covid. We won't be able to afford our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If they are trying to garnish your husband's wages, it appears that they have a judgment against him. If that is the case, you might want to send them proof of your financial difficulties; if you do so they might not apply for a writ of garnishment at this time.

1 Answer | Asked in Child Support for Florida on
Q: Any service that can assist with getting child support from a mother out of state?

I have went through the state but nothing seems to be getting done, I have the children 100% of the time and she give little to no assistance.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If the Florida Department of Revenue doesn't seem to be doing anything, you can always contact an attorney licensed to practice in the state where the mother lives.

1 Answer | Asked in Criminal Law for Florida on
Q: My ex husband received an annuity when he was younger with his dad as power of attorney, he passed away and his widow

Was able to clean out all bank accounts that had my money in it as well as a house that he purchased from selling our house after our divorce, how can he get her accounts frozen so he can get his money

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

Your ex's father HAD a power of attorney. But POAs don't survive the death of the principal (your ex). It doesn't appear that your ex father-in-law has any right to the bank accounts, other than possibly as an heir of his son. But he should seek advice from an attorney.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I need to file emergency custody to get my grandchild?

My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2021

You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.

1 Answer | Asked in Uncategorized for Florida on
Q: We have been married 32 years and currently live in an assisted living facility.

My wife's children seem to feel they have the last say as to where we live. My wife has Parkinson’s and dementia and for the most part is bed ridden. Although we live is assisted living “I” am the one who takes care of her. We both agreed long ago that neither she nor I wanted to enter a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Not unless one or more of your children has been appointed guardian of both of you.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I'm Pro Se in a Child Support Modification Petition. Am I supposed to name my mother as a "non-lawyer"?

At my request, my mother is helping me to fill out the legal forms and file them online. Do I have to name her as a "non-lawyer" on the legal forms?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Does the form ask for that? If not, no.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have an accepted offer on my house. The contract has a contingency that they must be approved for a mortgage.

They have a pre-approval for a mortgage.

I just find out they have a home to sell, this was not put as a contingency on the contract. Now their lender wants them to sell their house first....is this fraud on the my contract with them? They have 15,000 in escrow to purchase my home. Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2021

No, it's not fraud, it appears to be a mistake in the drafting of the contract. Whoever drafted it might be liable to them, but you should be able to enforce it, if that's what you're asking.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2021

The first thing I would check would be to determine what stage of the permitting process the proposal is at. Check with your local zoning authorities.

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1 Answer | Asked in Uncategorized for Florida on
Q: IF SOMEONE WROTE ON MY GRANDSON CAR AT SCHOOL IN REGARDS TO HIS SEXUALITY (BEING GAY) IT WILL COME OFF IS It a crime
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

While technically writing graffiti on his car may be a criminal act, if can be easily cleaned the police probably aren't going to do anything about it. Why not ask them?

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

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2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

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1 Answer | Asked in Consumer Law for Florida on
Q: Is there a statute of limitations on being sued for debt?

I received a phone call today from a law firm stating I was being sued by a bank for a debt from 2003. The law firm had my social security number, previously used last name, current address and phone number and advised that they'd been contacting me since March, and that collections had... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

Yes, the SOL is generally four years. See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: Hello, Can a prospective employer be sued for rejecting a candidate based on hearsay or negative, unsubstantiated

comments from one of their own employees?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2021

You mean sued successfully? Probably not. The prospective employer doesn't need any reason not to hire; employment is "at will" of the employer.

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