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Questions Answered by Terrence H Thorgaard

1 Answer | Asked in Foreclosure for Florida on

Q: My mother passed away March 19, 2019 Her home foreclose June 2019. Is it illegal not to mention heirs by name?

She had seven children and none were listed by name. Email: Khokadahghee@gmail.com

850-331-8091

Terrence H Thorgaard answered on Jun 26, 2019

Usually the plaintiff in a foreclosure case has no idea who the heirs are. So yes, of course it's legal.

1 Answer | Asked in Family Law for Florida on

Q: My 90 dad is now living with my sister. She plans on moving her son in my fathers house b4 estate settle can she

He left House and contents to all kids . She is only one with key can she just move her son in? We do not have video of all contents that could disappear.

Terrence H Thorgaard answered on Jun 25, 2019

Yes, she can until and unless the personal representative evicts him.

2 Answers | Asked in Civil Litigation for Florida on

Q: What are my options when it comes to the community I live in doesn't enforce the rules they had me sign when I moved in.

Old Bridge Village is a 55+ community located in North Fort Myers Florida. I live in the pet section (Dog Patch) and am having a issue with the President of the co-op who is feeding feral cats. He is my neighbor who also lives in (Dog Patch) Our rules state "V. PETS F. Pets are not allowed to... Read more »

Terrence H Thorgaard answered on Jun 25, 2019

You write that "... Lee County Animal Control is not a option available to the public is it …". Are you saying that animal control will not pick up the feral cats?

No, it's not the board's obligation to do it. It appears that the rules you quote are not being broken by anybody.

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1 Answer | Asked in Family Law for Florida on

Q: M y friends is 15 and had sex with a 17 year old and got pregnant. Will he go to jail if she decided to have the baby?

Hes been arrested before for with a gun charge, gta charge, and possesion of marjuana. They had sexual intercourse the night of his birthday so he was 16 then at 12:00am he was technically 17. By the time she'd have the baby she would be 16 but at the moment she is 15.

Terrence H Thorgaard answered on Jun 23, 2019

Her decision whether to have the baby would have no effect on whether or not he will be prosecuted.

1 Answer | Asked in Contracts for Florida on

Q: Hi, I am in a work contract and my employer has refused to pay me after working for 2 weeks. Is my contract now null?

Terrence H Thorgaard answered on Jun 23, 2019

It's unclear what you mean by "null". Assuming your employer has breached the contract, no, it's not null (no longer enforceable by either party), but you could sue the employer for breach of contract.

3 Answers | Asked in Elder Law for Florida on

Q: I am successor trustee in my fathers trust. Am I able to sign the title of his car over to a buyer in the state of FL?

The car is paid for and is in his trust.

Terrence H Thorgaard answered on Jun 22, 2019

If the car is registered in the name of the trust, yes.

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1 Answer | Asked in Legal Malpractice for Florida on

Q: Can my lawyer break my confidentiality with and tell my business to say my mother without my consent? My

I've been fighting a lawsuit for 5 years now and I just settled out of court and it's a company geology agreement between me and the other side and my mother decided to call up to the lawyer place today and ask them all kinds of questions and she got answers things that I don't even know

Terrence H Thorgaard answered on Jun 19, 2019

No, your attorney, or your attorney's office (i.e. "the lawyer place") should not have told her confidential information without your consent.

1 Answer | Asked in Child Support for Florida on

Q: My fiancee's last child is about to turn 18 in about 30 days Located in Rhode Island, we live in Florida.

We were wanting to get married (After he turned 18 and falls off the currently owed) but didn't know if they they would either

A. make him pay more in arrears,

B. ask me to pay the arrears,

C. if we had to wait a specific time frame after he turned 18 to get married etc.

Terrence H Thorgaard answered on Jun 18, 2019

A: Because he had married you? No.

B: No, he owes it; you would not owe it just because you marry him.

C: No.

1 Answer | Asked in Wrongful Death for Florida on

Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.

The WD attorney reached a settlement but now the funds are sitting in the Estate account. We are trying to close out Probate but feel there should be an allocation to the survivors and an allocation towards medical expenses. We feel that the allocation of funds to the survivors should not be part... Read more »

Terrence H Thorgaard answered on Jun 18, 2019

Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on

Q: Does a will override a life estate? Can a life estate ownership transfer to a spouse under Florida law?

My grandmother executed a will leaving her home to my mother and after my mother’s passing the home was to go to my brother and I. While my mother was under hospice care a day before she passed a living trust was executed for my stepfather which he verbally agreed to only live in the home 5... Read more »

Terrence H Thorgaard answered on Jun 13, 2019

It's not clear when the life estate was created (perhaps something to do with the living trust?), but in general a deed creating a life estate and remainder supersedes a will. The theory is that a will takes effect at death and, if the property no longer belongs to the testatrix (it having... Read more »

3 Answers | Asked in Estate Planning for Florida on

Q: Entering fathers home during probate.

My father was found dead in his home in Florida. He had been dead for 6-7 days. The home had to be “tented” to get rid of smell. The home now needs cleaned of all the millions of bugs the fumigation did, and to have carpet ripped out, clothes thrown out, etc, to help with smell and appearance... Read more »

Terrence H Thorgaard answered on Jun 13, 2019

You or your aunt should apply to be personal representative. Once you have been appointed, you will have the authority to take care of the house.

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2 Answers | Asked in Employment Law for Florida on

Q: Hello so I have a difficult situation that I'm dealing with and I am not sure what to do. Ok so I was born in Haiti

My dad filed for me to come to here and I need to get my social security card replaced which I lost. I went to SSI as they told me I need proof of citizenship which I don't have lost everything and I need my SSN to give to my employer for a job. I can't get my passport card because they need proof... Read more »

Terrence H Thorgaard answered on Jun 12, 2019

If you were born in Haiti and are a naturalized American citizen, you should be able to obtain proof of US citizenship from the US State Department. Once you have that, you should be able to obtain a replacement Social Security card from the Social Security Administration.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on

Q: Do you have to answer cops if they asks you a question or do you have the right to remain silent/ leave the area

My friend was in his car in a apartment parking lot when all of a sudden two cop cars come out of nowhere one blocks he entrance and the other pulls up to my friend and starts asking him a bunch of questions like what is your reason here, do you have illegal substances. And not only that the cop... Read more »

Terrence H Thorgaard answered on Jun 8, 2019

Of course you can refuse to answer, but leaving the area depends on other circumstances.

1 Answer | Asked in Estate Planning for Florida on

Q: does beneeficiaries get their money BEFORE any debts are paid, if that money is NOT in the estate account,

Terrence H Thorgaard answered on Jun 8, 2019

No, the PR is responsible to pay the debts first. It doesn't matter whether the assets are, in an estate account or elsewhere.

1 Answer | Asked in Small Claims for Florida on

Q: I did an express replacement for my phone from Apple but accidentally sent it to att how do I get my phone back?

I accidentally used the wrong label it was an att one not an apple one. It went to att and I can’t get it back. I don’t want to give att a free phone. I am still paying it off through Apple.

Terrence H Thorgaard answered on Jun 6, 2019

Have you tried calling AT&T?

2 Answers | Asked in Landlord - Tenant for Florida on

Q: My money orders were stolen from rent office dropbox along with thirty-six others! Am I liable?

Hi. I paid my rent through money order on 6/2/19 on Sunday around 9:50pm. Yesterday (6/4/19) I was told that 36 tenants money orders (along with mine) were stolen from a drop box last night around 3am. I'm taking the necessary steps to send my money order receipts to get a refund (Hoping that they... Read more »

Terrence H Thorgaard answered on Jun 6, 2019

No, in my opinion the risk of loss is upon the landlord, not you. If you can prove you deposited the money order in the drop-box (and it appears that you can), it's the landlord's problem; not yours.

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2 Answers | Asked in Family Law and Adoption for Florida on

Q: How to get parental rights forms filled out from 2 different states

My sons donor has agreed to sign over his parental rights so my husband can adopt him but donor lives in Conn and I live in FL. I have sent him the FL forms but he said notary in Conn wont sign cause they are FL forms. Id like to get this done soon.

Terrence H Thorgaard answered on Jun 4, 2019

The Connecticut notary is mistaken. Try a different notary.

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1 Answer | Asked in Family Law and Child Support for Florida on

Q: no parental right or communication (She lives in puerto rico)

My husbands ex wife took his parental rights when the baby was about 3 months old, she does not let him see her much call. She still have him on child support... does he still have to pay

Terrence H Thorgaard answered on Jun 4, 2019

Yes, child support and visitation are not dependent upon each other; he still has to pay child support. His option is to seek a court order allowing him visitation.

2 Answers | Asked in Civil Rights and Criminal Law for Florida on

Q: A lady made a false police report, which caused me a felony charge and time in jail. Is there anything I can do?

My sister was driving and cut this lady’s car off. We didn’t realize it until the lady was spewing curse words at us to which we kept driving and ignored. We got to a light and the lady got out of the car and proceeded to yell and spit at us. At that point we got out of the car she fought my... Read more »

Terrence H Thorgaard answered on Jun 3, 2019

If you ill-advisedly plead guilty to a charge, no there is nothing you can do.

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