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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Contracts for Florida on
Q: Can I sign the title to a vehicle that my parents have given me "with express permission?"

The truck is in Mississippi, my parents are in Dothan, AL living w/ my daughter. We intend to get the truck and bring to our home here in Ellijay, GA. Mom is willing to sign the title and has even mentioned just signing for her to avoid driving to Dothan with it in hand. Can I sign with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 20, 2022

What does this have to do with Florida law? And what would "p.p" mean? Depending on the state in which the truck is titled, it might be possible for Mom to give you a power of attorney. Mom seems to be under the impression that she cannot allow someone else possession of the truck... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: If I smoked weed 2 weeks before driving, Am I still in danger of getting a dui?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 20, 2022

No, unless you have used some other substance much more recently.

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I been married for 6 years. We both own our homes, (both with mortgages). If she were to die would I inherit

Her debt?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

No, one does not inherit the debt of another person such as a spouse. Her estate would be responsible for her debt, which would have to be paid before her assets were paid to her heirs. If the mortgage note is not paid, the mortgagee (bank, usually) could foreclose on the home she owns, but could... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

They are right: unless he signed the note, he is not liable. It's doubtful that your ex can require you to refinance or sell, assuming the two of you aren't married and getting divorced.

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1 Answer | Asked in Federal Crimes for Florida on
Q: Assuming there are no real children being referenced/drawn and the drawing isnt hyperrealistic, is lolicon illegal?

I'm a psych student, and I am doing a project based on paraphilias and fantasies.

Edit: Got my first answer. However, I am still confused, 2003 Protect Act goes in detail about CSEM. But I heard this act was overturned for being unconstitutional. Even if it wasnt, it clarifies that the... Read more »

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

Apparently not. See:

https://en.wikipedia.org/wiki/Lolicon#Legality_and_censorship

1 Answer | Asked in Divorce for Virginia on
Q: What fines are most likely associated with non-compliance with notice requirements per statute in final divorce decree?

Ex-spouse received fraudulent spousal support payments for two years. The ex-spouse also did not notify the other party of the new location as stated in the court order. The divorce decree was entered by the Norfolk Circuit Court in the state of Virginia.

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

If there would be any fines, you might be able to find out if you ask your question at Justia > Ask a Lawyer > Virginia > Divorce. It's a matter of Virginia law, not Florida law. If you do, you might want to clarify what you mean by "... Ex-spouse received fraudulent spousal... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Dental assistant stole my medical records after she was fired to cause me to start all my work over. I am a patient

She was fired because I complained and the doctor informed me today that after she was fired, she stole all my records. So i need to do a bunch of work over and she stole two crowns that i paid for, although the dentist will get me new ones for free. Now I have to wear these plastic teeth fir an... Read more »

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

Other than having to re-acquire your medical records, how have you been damaged?

1 Answer | Asked in Probate for Florida on
Q: Hi how can I file a claim in my deceased uncle's name I have no idea where to even start

My uncle passed a few years ago I don't really have a lot of information to give I'm sorry

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

Assuming he was a Florida resident, if he was survived by a wife, children (or other descendants), siblings or parents, and if he didn't leave a will, you probably wouldn't inherit anything. Otherwise, you might. If he owned real property, check the appraiser's office in that... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: I was injured in a ski lift accident on Sugar Mountain in North Carolina on March 6, I fractured my right leg.

The platform of tower was Bare and the ski lift operator was not watching the ski lift and the ski lift never descended to the tower properly.

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

Presumably you are looking for an attorney to pursue a claim against the ski resort. You probably need to find an attorney licensed to practice in North Carolina, not Florida.

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2 Answers | Asked in Real Estate Law for Florida on
Q: 472.029 What rights does the third party property owner have? Can he request proof of license and work order?

472.029 seems to be in direct conflict with property owners rights under 810.09(2)(a)

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

Presumably this is a follow-up to a question I answered previously. Sure, he can request those things, but if the surveyor refuses, the owner's only recourse is to ask that the surveyor be prosecuted for trespassing. If there have been no damages, it is extremely unlikely that the surveyor... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: In Florida, Is it legal for me to approach a defendant in a foreclosure auction and satisfy his judgement

if he in turn signed the house over to me? Perhaps I can offer 25,000 for his benefit along with removing a foreclosure judgment from his credit.

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

It's "legal", but perhaps not the best way to about it. Speak with an attorney first.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can a person with a pending court case for battery get a no contact order against the accuser?

My friend has a pending case for battery. However the accuser instigates every situation. Then will say he wants to talk it out only to pick a fight and then call the police on my friend. He calls, texts, emails, and shows up at his job saying that he is going to get my friend fired. But when the... Read more »

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

Obviously, your friend would be wise to not continue to meet up with the accuser. Problem solved.

1 Answer | Asked in Real Estate Law for Florida on
Q: Under statute 472.029 If a surveyor goes onto property that he is not surveying to gain access to a existing monument

when he has access to that location by staying on the property he is authorized to survey and then he is ask to leave that property under FS810.09b. Is he trespassing if it was not NECESSARY for him to be on property of others to get to the monument? If not how does 472.029 supersede 810.09b

Terrence H Thorgaard
Terrence H Thorgaard answered on May 15, 2022

The word "necessary" is the key. For example, depending on the circumstances, it might be possible to access the monument without going over the property of others, but if the alternative route is much more difficult, it would probably be "necessary" to cross property of others.

1 Answer | Asked in Uncategorized for Florida on
Q: When a couple live in resident as a couple sharing finances get made when things don't work

Is that legal for him to do just to get back at me for Not staying after moving in an agreeing to be his girl friend so now desputing charges he paid for me an now he trying to screw me over

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

If you are trying to ask a question about, when you move in together and things don't work out, whether you can sue for breach of contract; the answer is no. Had you been married, on the other hand, you would very well have a number of options.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Rent application fee not refunded after a misleading listing. What are my options?

I recently moved to the US on a non-immigrant work VISA. Before moving, I was evaluating apts to rent and found this agency that had an apartment (~$2000 rent) which seemed good for me.

I went through the application process on their official website. Paid around $600 in application fee +... Read more »

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

So, they have acknowledged that they owe you the money; that is good. It is only a matter of getting the check to you. It appears to have been lost in the mail; that happens. Ask them to write you a new check and stop payment on the old one. Or consider picking it up at their office.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Where is the application for a director seeking reimbursement of expenses?,
Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

Not every problem people encounter has an official form by which they may seek a remedy. If you are the director of a corporation seeking such reimbursement, begin by writing a coherent letter to the treasurer, CEO, board of directors, etc. If this doesn't work, ask an attorney what to do next.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

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

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a trespassed person hire someone to get around the trespass?

I notified a company/person they where no longer allowed on my property and fired them for causing damage to our pool equipment. They then hired someone else to come on my property while I was not home to take pictures of the damage after I told them not to do that. What legal recourse do I have?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

While the "someone else" may have technically trespassed, they didn't cause you any damage; you don't have any recourse (i.e.: a viable lawsuit.).

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

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