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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Probate for Florida on
Q: My father passed in 2008 in Allegheny County, PA. I am the son, sole survivor, and reside in FL.

NJ has $781 in my dad's unclaimed funds and I am trying to establish ownership. The court in PA wants me to get a lawyer and file probate ($180). Any way to streamline this NJ process?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 12, 2023

You would have to ask an attorney licensed in New Jersey. It has nothing to do with Florida law.

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2 Answers | Asked in Probate for Florida on
Q: i was not notified of my brothers death because the personal representative was afraid that i would contest the will

i was notified after the 3 month dead line to challenge the will

i was also not included in the service or the memorial because i did not know.

The personal representative who was also my brother’s girlfriend had the most to gain out of the will- is what she did legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2023

What makes you think that it's too late for you to challenge the will? You should consult with an attorney to see what your remedy might be.

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2 Answers | Asked in Business Law for Florida on
Q: Hey, I work for a company that transports stuff and one of our drivers hit a bridge that was 2 feet small than are truck

I got told the state was gonna sue are company. Jest wondering if They could

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2023

Certainly the state can sue your company. The company should notify its insurance carrier, if it hasn't already.

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1 Answer | Asked in Health Care Law for Florida on
Q: Do I have rights as power of attorney for my mother when she is in the Psy ward at the hospital?

My mother lives in an assisted living facility in Florida. She was taken to the hospital yesterday. Today when I called today see her status; they said they had no record of her. She has dementia and paranoia schizophrenia and has not taken her meds for a couple days. She was sent to the hospital... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 7, 2023

Yes, if you have a valid POA "for financial and medical issues", the assisted living facility and the hospital should have given you the information. They probably didn't know about the POA, so next time show it to them when you ask about her.

1 Answer | Asked in Criminal Law for Florida on
Q: Is a motion to abate a criminal proceeding sufficient for a defendant in error to exhaust administrative remedy

Lack of corpus delecti no injured party

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Generally, any requirement that one exhaust administrative remedies would not be satisfied by a motion filed in the court proceeding. The court is not an administrative body. Such a requirement probably doesn't apply in any event.

1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Florida on
Q: Do a settlement check for a nonrelated PI case injury of the decedent's death have to pass through the estate to be paid

PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Yes. The money is the property of the estate.

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

increase in aprtment monthly fee and healthcare services and incidental charges:

community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2023

Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.

3 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: How can I get my 21 year old daughter to change her drivers license address to where she has been living now for a year?

She’s has told me numerous times that she'll do it but she has not done so yet at this point and it’s been over a year now. Thanks

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 26, 2023

You probably can't force her to change it. But what does it matter to you?

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1 Answer | Asked in Criminal Law for Florida on
Q: If an officer states that you can have an attorney without charge and you ask what is without charge....

And they don't give an answer, isn't it safe to say that you couldn't have knowingly and intelligently waived your rights because you didn't know you could have an attorney for free if you couldn't pay for one? Further, doesn't it also mean you didn't understand your warning in simplified form

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2023

If you "waived your rights", the question boils down to this: "what was the result?".

- Did you make an incriminating statement?

- Did you enter a plea without the advice of an attorney?

If you can prove that you didn't understand the...
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2 Answers | Asked in Divorce for Florida on
Q: My daughter and her husband lived in Missouri he filed divorce she moved to Florida and he has now moved to Florida

She wants the divorce to proceed Missouri will not dismiss the case nothing's happening how does she proceed she has the children in Florida for a year. How can she proceed. She is not recieving any child support and he trying to drag out divorce.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2023

From what you have written, neither spouse has yet filed for divorce in Florida. She should do so and then notify the Missouri court that she has so filed.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Is there a clause where a joint owner can be removed from a house deed without their knowledge or consent.

My mother added me as a joint owner on two condos that she owns. Deed shows we are both 100% owners. She states that she included a clause that could have me removed from deed at her request, without my knowledge or consent. Is this possible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 23, 2023

One would have to review the clause to see.

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1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Q: Fedex delivered me multiple packages that I was helping a friend with. 1 wrong package.

Fedex delivered me multiple packages that I was helping a friend with. Within the 5 packages I received, one wasn't supposed to be delivered to me but I didn't realize it because they all looked the same. have them all to my friend when he came and he traveled back to his state.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

Don't necessarily believe what the FedEx driver told you about a search warrant. It's really none of her business. But if Homeland Security does get a judge to issue a warrant, simply tell them, as you indicate, that you don't have the package. Be ready for them to search your premises.

1 Answer | Asked in Civil Litigation for Florida on
Q: Can i file an ammended memorandum in support of a motion once it has been filed?

I filed a motion to dismiss an eviction complaint, at the hearing the judge allowed for the plaintiff to file a memorandum in opposition to my motion to dismiss, and for me to file a memorandum in support of my motiom to dismiss to be reviewed by the judge prior to issuing a ruling on the motion to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

You should have no problem filing the amended memorandum. The judge, in allowing the filing of the memoranda, probably provided that the parties could file them according to a specified time schedule, thus ensuring that a ruling wouldn't be made until the memoranda were filed.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What is Specific devise in regards to deceased spouse owned property

Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.

I need to file a petition to transfer the property to my name.

The joint property looks like I don’t need to do anything until I sell it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

To answer the question, a "specific devise" is language in a will which provides that a certain person is to inherit a specific piece of property, as opposed to a specific fraction of the entire estate.

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1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay "open?"

If substitute counsel cannot be found how does one proceed "pro se?"

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 19, 2023

The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I am moving out of state. My children are staying in Florida with their dad. Can he legally deny the date I want to move

We are waiting on mediation and agreed I will have visitation rights. I originally put a date down for end of January because I didn’t know the date. It’s actually Dec 30. What do I need to do to ale sure I don’t get in trouble for abandonment? How do I change my move date?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Since you are not taking the children with you, there should be no trouble with your moving when you plan to move. Just be sure you attend the mediation.

1 Answer | Asked in Employment Law for Florida on
Q: Someone gets hurt at work (rotator cuff requiring surgery). Is employer required to pay lost wages until return to work?

Doctor put "no use of left arm and no driving." It is illegal to drive with arm in a sling in Florida. Person cannot move arm to dress correctly for work (food service), cannot put hair up in hair net, cannot even tie shoes, yet the employer is saying that person can work and can be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Yes, that person would be entitled to a substantial portion as defined in Florida Statute 440.15 (2) of his or her lost wages.

1 Answer | Asked in Criminal Law for Florida on
Q: My ex boyfriend took my car without permission when I went to report it stolen the police say because he had permission

In the past he did not steal it I live in walton county fl

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Your giving permission in the past might make it difficult for the State of Florida to prove guilt beyond a reasonable doubt.

2 Answers | Asked in Gov & Administrative Law for Florida on
Q: Pursuant to Alabama Code Title 35. Property § 35-4-24 where do i find this same code in florida

Pursuant to Alabama Code Title 35. Property § 35-4-24 Acknowledgments and proofs of conveyances

i need to find this code in Florida

thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Depending on why you want to compare the Alabama statute with a similar Florida statute, you might want to look at Florida Statute117.107:... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do i find out what a "cloud" on my quitclaim deed is in Florida

I can't transition this timeshare with a "cloud" I don't know where to go to find out what to do.

This is a week of timeshare I am trying to give back to Diamond Resorts which is now owned by Hilton Grand Vacations. They won't accept the transition with a cloud on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

A cloud on title is some sort of claim or imperfection in the documentation (normally a deed) by which you own the property. If the description in your deed is incomplete, you probably need to get it corrected. Confer with an attorney for more specific information.

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