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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Car Accidents for Florida on
Q: Leaving accident without getting info just tag number and later find damage.

I was at a red light when a car changed lanes diagonally on my right side attempting to get in front of me when a red light changed and collided with my right front bumper. We were in heavy traffic and it wasn’t safe, therefore upon my first glance it appeared no damage, as other driver asked to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 3, 2024

When you file your claim with your insurance company, give them the tag number and the circumstances you have related. Using that number, the insurance company may be able to identify them, and choose to file a civil court claim against them. They might be able to recover a judgment, including a... View More

1 Answer | Asked in Estate Planning for Florida on
Q: estate

My boyfriends will is in his family possesion. I believe its on his phone. He commited suicide this month and the family wont share the will with me. Is there anything i can do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2024

It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2024

Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a married person who has power of attorney for spouse who is mentally retarded file for divorce and sign for them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

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1 Answer | Asked in Gov & Administrative Law for Florida on
Q: What should I do after I found out I could not use my dad’s Social Security after he passed away for the current month

He passed 2-24 his social security came In 2-28 many months ago my dad said that I could pay bills for the current month of his death but not after I found out that’s not true and I don’t want to get in trouble, so what should I do so I don’t go to jail

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2024

If I understand correctly, Social Security payments made payable to your father were being deposited into a checking account from which you were authorized to write checks. If such a payment is deposited into the account and if the payment is for, either in whole or part, sometime after the date... View More

1 Answer | Asked in Employment Law for Florida on
Q: Can I terminate a contract that I have regret for being signed for 3days while the due date is not end
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2024

No, unless the contract provides otherwise, you cannot disavow it simply because you have changed your mind. If it fails to provide when payments are due (or, as you put it, "the due date is not end"), the payments may be due immediately; it would depend upon the other terms, or the... View More

1 Answer | Asked in Small Claims and Civil Litigation for Florida on
Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More

2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

The judgment was recorded, so as to constitute a lien on whatever real property you might own. A satisfaction of judgment means that the judgment has been paid. The recording of the satisfaction means that any real property is now free of any such lien.

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1 Answer | Asked in Foreclosure for Florida on
Q: Ex-husband being foreclosed on in FL. I'm on deed, but NOT on mortgage. How does this affect me?

I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: I am a property owner of a 4-plex in which a rental co has long term lease for all units.

Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Explain Florida Statutory Warranty Deed, purchased by a single childless man sold to grantee and “his heirs” and assigns

The elective inclusion of “Heirs,”included in sale and assignment forever:

1. What type of ownership does this deed provide and to whom?

2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??

3. If this... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

1. Title is in the grantee (the "single childless man").

2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he...
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2 Answers | Asked in Estate Planning for Florida on
Q: May I appoint an out of start executer if I am a resident of Florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2024

If you want to appoint a personal representative, which appointment would normally be done by will, that person would have to be, if a non-resident of Florida:

(1) your child;

(2) your parent, grandparent, etc.;

3) your spouse, brother, sister, uncle, aunt, nephew, or...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Does 316.088 (2) apply to private "parking lots" or just private roads? For instance a grocery store parking lot.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2024

Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More

2 Answers | Asked in Probate and Estate Planning for Florida on
Q: Where do I get online access to revocable trust document/information and probate information for a deceased parent in FL
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2024

For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: How is residential density calculated as stated in Fl Statute 790.15 (4)?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 11, 2024

That's a good question. The state would have to prove, beyond a reasonable doubt, the residential density. If, for example, you were to discharge the firearm on a parcel that is less than an acre in size and contained one residence, you might be convicted, even if the adjoining parcels were... View More

1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Criminal Law for Florida on
Q: How do you file a motion to a judge
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

It would be best to write your motion on a computer and print it out, but it is possible to write it by hand.

In general, you put the caption at the top of the page, including:

name of the court,

case name, and

case number.

You put the title of the motion...
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1 Answer | Asked in Public Benefits for Florida on
Q: A friend of mine who was receiving food assistance in Florida died in September.

Her adult daughter just received a bill for over $5,000 stating her deceased mother made an error in 2019 in reporting the number of dependents. Her daughter was over 18 and not living at home at the time. Her daughter was estranged from her mother and knows nothing about this and certainly never... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

It's strange that the daughter received a bill. They may have sent the bill because they don't know whether or not the daughter is the personal representative of the mother's estate. If she has filed a probate petition and is the PR, the estate may be liable, but the daughter... View More

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