Questions Answered by Terrence H Thorgaard

Q: Is my daughter's father allowed to make changes to her extra-curricular activities after years of not being involved?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Dec 15, 2018
Terrence H Thorgaard's answer
It appears from you question that he already has the right to visitation on certain weekends. If this is so, he will not have to take you to court; he can control her activities during the time he exercises visitation.

Q: We purchased 2 puppies from a pet store. One is sick with a genetic, hereditary skin disease that will require alot

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Dec 15, 2018
Terrence H Thorgaard's answer
It's called "Ask a Lawyer". What that means is that you are supposed to actually ask a question.

Q: How long does probate generally take? I'm visiting Florida for a week to handle my father's affairs. Is that enough time

1 Answer | Asked in Probate for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
No, depending on what kind of probate case you are doing it probably will take a lot longer than that. But in general you don't have to be present in Florida to " go through probate".

Q: What are my son's agent's legal obligations to him once we've signed? (He's an actor.)

2 Answers | Asked in Entertainment / Sports for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
It generally depends upon the terms of the agent's contract.

Q: I left out of state and my parents stayed in my apartment my landlord doesn’t want to add them to the lease

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
The landlord doesn't have to add your parents to the lease. Is your landlord threatening to evict them?

Q: Can a motion granted by the appellate courts judge, be dismissed by a bankruptcy court judge?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.

Q: am i still given homestead exemption and other first time buyer benefits if i have a co-signer in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
Probably, assuming that the "co-signer" isn't actually a co-owner.

Q: How long will a grand larceny warrant stay active in indiana if no arrest is made?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
Why didn't you ask your question in Justia › Ask a Lawyer › Indiana› Criminal Law ›? And what does this have to do with Florida law?

Q: If someone is being paid under the table by their employer, what are the legal ramifications for the employee?

1 Answer | Asked in Employment Law for Florida on
Answered on Dec 10, 2018
Terrence H Thorgaard's answer
More importantly than state law, the employee needs to know how federal laws, and particular income tax laws apply. It appears to be taxable income and employment taxes probably also apply.

Q: Is there a way to word an Easement Agreement so that the Dominant Tenant is responsible for County taxes in that area?

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Contracts for Florida on
Answered on Dec 10, 2018
Terrence H Thorgaard's answer
Yes, it appears that all of this can be done in a properly-worded agreement. But you need an attorney to be sure that it is done properly.

Q: If I did not sign a contract for an apartment, am I responsible to still pay fees to the property management?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Dec 10, 2018
Terrence H Thorgaard's answer
What did you sign? In the title to this. you write that you didn't sign a contract, yet in the body you write "Need to cancel a lease …". Which is it?

Keep in mind that a lease is a type of contract, and that some other form of contract may apply which would otherwise require you to pay the fees. That is why is important to know what exactly you signed.

Q: I heard that a sole proprietor just files personal taxes, is that right?

1 Answer | Asked in Business Formation for Florida on
Answered on Dec 8, 2018
Terrence H Thorgaard's answer
Personal income tax return, rather than an income tax return for a partnership or corporation? Of course.

Q: Before the divorce, my ex wife and I purchased a home together. Our divorce agreement with the court shows that I own a

1 Answer | Asked in Divorce for Florida on
Answered on Dec 8, 2018
Terrence H Thorgaard's answer
What do you mean "controlling interest" or "majority owner". Unless the property is owned by a corporation owned by both of you, each of you own a half undivided interest in the home.

In any event, the divorce agreement should indicate which of you should have possession of the home. If it doesn't, file a motion to amend it.

Q: I have my childs father on child support and he wants to open an account for our child that only the two of them have

1 Answer | Asked in Child Custody for Florida on
Answered on Dec 8, 2018
Terrence H Thorgaard's answer
Yes, he would still have to pay the child support, because normally child support is payable to the child's custodian (such as yourself), not to the child.

Q: My mom dies with a Nevada will with no property

1 Answer | Asked in Estate Planning for Florida on
Answered on Dec 7, 2018
Terrence H Thorgaard's answer
No, you don't need to be concerned. It looks like the only property passing under the will was personal effects and probating a will is usually not necessary for that. As far as a will contest from your sister is concerned, it's a matter of "put up or shut up"; when and if she actually sues you, get an attorney.

If there are any mementos which you feel your sister should have, offer to give them to her, but you don't have to.

Q: I just got out an abusive relationship, he put his hands on me in the middle of the night so I left without any of my

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Answered on Dec 5, 2018
Terrence H Thorgaard's answer
You file for child custody where the children have lived for the past six months. That would appear to be Louisiana.

Q: I need some legal help with this situation

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Dec 2, 2018
Terrence H Thorgaard's answer
What "worker" gave you a key? Depending on your answer, you could probably be arrested for trespassing.

Q: How can a neighbor be allowed to build his dock on part of an existing dock past another person's property line?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Dec 2, 2018
Terrence H Thorgaard's answer
Yes, your parents would probably need to go to court to order the neighbor to remove the encroaching portion of the dock. Did the neighbor get a permit for the construction?

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