Terrence H Thorgaard's answer Yes, if he was not the subject of undue influence, and if he was mentally competent when he made his will, he could, if it was done properly, disinherit children and other family members.
"Use or threatened use of force in defense of person.—
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or...
Terrence H Thorgaard's answer And Florida courts will only have jurisdiction to award custody when the child has lived in Florida for at least six months (or if the child is under six months of age, for most of the child's life).
Terrence H Thorgaard's answer If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.
And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
Terrence H Thorgaard's answer If you have a child support order, you don't need to file a new suit; collect the CS order. If you have proof that he owns the business and vehicles, and he lied about it under oath, he can be prosecuted for perjury, and you can perhaps, once you prove it, get a writ of attachment.
Terrence H Thorgaard's answer Unless it involves sexual harassment by a federal officer or employee, chances are that it is state. But it doesn't matter unless you plan to litigate it, and you definitely don't want to do that without an attorney who specializes in such cases. Ask that attorney.
Terrence H Thorgaard's answer It means that, because of the defect in the dead, she may have some interest in the property. Chances are that (depending upon the nature of the defect and other issues) the interest is worthless, but the attorneys for the mortgagee made her a party out of an abundance of caution. It doesn't look like they are seeking money from her.
Terrence H Thorgaard's answer This is too complicated to fully answer here. Who advised you " to stop trying to track them down", an attorney? that's fine, but in a few years one or more statutes of limitations may come into play.
Terrence H Thorgaard's answer Neither of you have ever LIVED in Florida, or you never LEFT Florida? If it's the former, you would have to divorce where one of you resides. If it's the latter, a Florida divorce shouldn't be a problem.
Terrence H Thorgaard's answer You could sue to cancel the false loan modification application, but you would still be liable on the original mortgage note. So, unless the terms of the loan as modified are tougher than the original loan terms, there wouldn't be any point in suing.
The problem with the original divorce terms is that, even if he were to file for a modification, there is no guarantee he would get one (particularly in 2009). You shouldn't have been required to quitclaim your interest to him until...
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