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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law for Florida on
Q: Can I record someone without their consent if they're blackout drunk and abusing me and never remembering it?

Generally what I've heard is that any recording that's been taken without a person's permission can't be used in court, but if hypothetically I was being abused by a blackout drunk who never remembers the abuse, I can't get evidence without recording it... What if I hit them out of retaliation... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2019

If you hit the perpetrator, some time after the fact, out of retaliation and not for self-defense, your evidence of the previous abuse would be irrelevant. You would be guilty of assault and battery.

1 Answer | Asked in Contracts and Constitutional Law for Florida on
Q: How do you Prove Stand Your Ground case?

Does the police have the final determination in SYG law

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2019

No, the judge and jury do.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: I want to change my middle and last name into my marriage certificate.

My wife and i got married for almost 11 months in Indiana south bend. But before that my step father filed for my adoption and i just got recieved my birth certificate last week now the thing is i want to change my marriage certificate last name.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2019

You should have asked that your marriage license, and the resulting marriage certificate gave your adoptive last name. It's probably too late to change the marriage certificate; but ask the county clerk who issued the marriage license if it can be done.

1 Answer | Asked in Real Estate Law for Florida on
Q: We are giving our timeshare to our son. I have prepared the deed and indicated it as a gift on the deed.

The property is located in NC .Is there another document needed showing that our son is accepting this property?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

In most places, if you record a deed the grantee is presumed to have accepted it. But to be sure, you should ask this question in Justia › Ask a Lawyer › North Carolina ›.

1 Answer | Asked in Family Law for Florida on
Q: In the state of Florida if you have adopted a teenager and at Age 17.5 can the teen move out with parents' concent?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

Whether or not you consent to your child moving out, you are still responsible for the child until he or she reaches the age of 18. Whether or not the child is adopted or your biological child makes no difference.

2 Answers | Asked in Civil Litigation for Florida on
Q: the person I have been living with for the past six month is going through my stuff and throwing it away what can I do

I came home this morning from staying the night at my friend's house to her going through my stuff and throwing it out

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

Find another place to live, obviously. Or, if you own or rent the premises, ask her to leave.

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2 Answers | Asked in Divorce for Florida on
Q: How can you find out if your spouse filed for divorce in Florida stating they don't know where you are at
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

For example, if she lives in Hillsborough County, you might try this link:

https://hover.hillsclerk.com/html/case/caseSearch.html

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1 Answer | Asked in Foreclosure for Florida on
Q: Grandparents house in foreclosure, reverse mortgage, lender says they didnt have insurance but i have proof they did

i have proof of insurance during the time they say they didnt have insurance, and have emails from them, saying everything was up to date and good to go.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

If the mortgage is being foreclosed simply because the bank claims that the required insurance wasn't current, your grandparents might want to prove that as a defense.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

1 Answer | Asked in Employment Law for Florida on
Q: Do I have a case? Work Vehicle Hazard.

I have a work vehicle that had to be taken into a mechanic because it wouldn't start. The mechanic told me he's warned the owner on countless times because the airbags are broken and won't deploy. The alignment is messed up, the vehicle is too heavy for the small tires that's on it. This is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

You would have a case were you to be injured by the vehicle which your employer knows to be dangerous. But the workers' compensation remedies are limited and exclusive. I suggest you quit and get another job.

3 Answers | Asked in Family Law and Child Custody for Florida on
Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we

believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

If he desires to file suit in Florida to seek visitation, etc., he must do it within six months of the child being taken out of the state.

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1 Answer | Asked in Probate for Florida on
Q: Is it appropriate for a probate lawyer to discuss the house contents of a property that is part of an estate?

Is it appropriate for a Florida probate lawyer to discuss with a spouse who is not a beneficiary, the house contents of a property that is part of the estate of their client's deceased mother?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2019

It depends, I suppose. What difference does it make and why do you ask?

3 Answers | Asked in Estate Planning for Florida on
Q: If a will reads that proceeds initially go to surviving spouse (in Florida) and then, upon death of surviving spouse,

they are 2 be split between 4 children (2 from each spouse) can the surviving spouse legally transfer all funds to one of the children while the surviving spouse is still living?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2019

Your question would make sense were the assets in question real property. In such a case, it sounds like a life estate to the surviving spouse, and the remainder to the four children. But your use of the words "proceeds" and "funds" suggests that you are asking about money received upon the sale... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: can siblings take custody

My cousin D is under 16 his mom passed and his dad passed some years ago. So he’s an orphan. His mom remarried and D lived with his mom an stepdad. Would my cousin D get a survivors benefit or something similar to that? My dad mentioned this to me but I don’t remember the specific name. If my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

D's adult brother, you his cousin, or any other person (such as the stepfather) might petition the courts for custody. You should consult with a family law attorney for details.

1 Answer | Asked in Mergers & Acquisitions, Criminal Law and Federal Crimes for Florida on
Q: Which fed crime is it to handle fed mail at a business where USPS drops off mail and security sorts it for residents?

If usps drops of a bunch of mail and its up to security with no mail certification to sort mail and throw out “junk” mail which is up to discretion of the officer, then what crime is commited. Im looking for any reference to a statute in florida law. Also any reference to the possibility of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

Presumably residents have agreed that junk mail be discarded by security. If so, it would not be a crime to do so (and in any event it would be a federal matter; you will not find Florida state statutory law on the subject). Assuming that, you can be fired for refusing to do your job as assigned.

1 Answer | Asked in Child Support for Florida on
Q: If I admit to all statements against me in a child support summons can I just pay my part and not get a court date?

I don't want to get a court date and fight the summons. I lost my job and couldn't afford my payments for a couple months, I just recently found employment again but received a child support summons. There is no court date yet. I just want to agree to the statements made against me and pay my part... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 29, 2019

Sure. Contact the attorney who is suing you and ask him or her what you need to do.

1 Answer | Asked in Divorce for Florida on
Q: What are my rights if ex husband has not tooken me off martial home after divorce? Divorce was in July 2019.

I have sent request to reopen case for non compliance, but it is stoping me for being able to buy and rent (some homes).

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 28, 2019

If the divorce decree provides that he gets the house, simply file a quitclaim deed conveying the property to your ex husband.

1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: a lawn service put a construction lein on property i rent say i own money when i don't. how do i fight it.
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

If I understand your question correctly, you are the tenant, not the owner. So what do you care?

1 Answer | Asked in Family Law for Florida on
Q: Can a 17 year date a 21 year old but the person turns 18 less than a month
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

So you are asking if a 17 year-old is allowed to date another 17 year-old (or perhaps whether a 17 year-old is allowed to date a 21-year old)? The short answer is: yes.

Or is "date" code for sex? That would be a different question.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a Homeowners Association Management Company hold an annual meeting without the current board members being present?

Recently our Homeowners Association had an annual meeting where the management company told the current board that they don't have to be present at the annual meeting. Management send out a "notice of intent to be a candidate form" to all homeowners and received 5 candidates that wanted to run for... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

It appears, subject to the pertinent provisions in the bylaws, that there are a few irregularities. But the real question is whether someone is going to do something about it.

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