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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Divorce for Florida on
Q: My divorce hearing is tomorrow. Do I need a form to ask for alimony?

Does the judge ask or do I have to mention it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2023

Alimony should be mentioned in the pleadings which have already been filed. Be sure to ask the judge if the judge doesn't say something about it.

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: If an uncle dies . Does his children and grandchildren have a right to the key of his fathers house ?

Even though he rented to his younger sister? Is the rental agreeement still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2023

If he rented the house to his sister, unless she has a lease, his personal representative can give her notice to, in a timely manner, vacate the premises. If she has a lease, she can probably continue to occupy the house until the end of that lease.

For how to have someone appointed as...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: Irrigation question

My nieghbor parks his employers truck right up to the property line in the grass and complains my irrigation gets his truck wet. I have adjusted them and informed him what day and time it runs..he refuses to move his vehicle into his empty driveway. Says he will take legal action for idk.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

What is your question? A wet truck does not constitute money damages which would justify a lawsuit. Call the neighbor's bluff.

1 Answer | Asked in Employment Law for Florida on
Q: I have a relocation offer from my employer. Are they allowed to contact my landlord to verify?

I need to provide a copy of my lease agreement before payout, which is fine. But is my employer allowed to contact my landlord to verify the lease?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

If the terms of the relocation offer are that the employer will pay off the lease, how else is your employer to determine you are being accurate about the payoff amount? Without coordinating with the landlord, the employer risks a double-payment.

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in Florida and have a will in Florida. I own a property with my brother in Puerto Rico.

My brother lives in Puerto Rico. What happens if I die? Who will the property go to. Will my children be able to inherit my half?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

Your interest in the Puerto Rican property would go to your heirs as specified in your will. An ancillary probate proceeding may have to be instituted in Puerto Rico.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My Jacksonville Fl tenant is under contract to buy my townhouse. Are they required to pay rent until closing?

They have extended the closing date making it 6 weeks of no rent thus far. They are currently month to month. I have a $1900 security deposit. The rent is $1400/MTh

This is Not a lease-to-own contract.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

Yes, of course they owe you rent until closing.

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I am considering selling my free-standing garage that I do not use to a neighbor in my condo group.

Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).

The long-term capital gain you realize (difference between what you paid for the...
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1 Answer | Asked in Business Formation and Real Estate Law for Florida on
Q: If I change my mind abt the move before my move in date, after paid and assigned the lease can I bring my deposit back?

I assigned the lease agreement and already paid my deposit, but had an emergency and I can’t move anymore. Can I bring my deposit back? I don’t move in yet I just paid and assigned the lease.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

No, Normally you can't get a refund of your deposit. You signed the lease and paid the deposit; the deposit is for the purpose of protecting the landlord if you change your mind.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?

No cameras or bracelets

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

Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence.

1 Answer | Asked in Small Claims and Business Law for Florida on
Q: In the State of FL can a business owner designate himself as officer on the "Authorization of Corporate Officer" form?

The defendant in my lawsuit is "Jane Doe, (D/B/A Jane Doe Services, LLC)". After no agreement was come to in mediation the judge sent an order to the defendant stating they must hire counsel or file a designation of corporate officer. The defendant filled the form out, signed it and... View More

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

If it's legitimately a limited liability company, it's unclear why you included "Jane Doe" as the defendant. Unless you have cause to believe that you can "pierce the corporate veil" (in other words get the court to hold "Jane Doe" individually liable), you... View More

1 Answer | Asked in Small Claims for Florida on
Q: Does Small Claims form 7.343 have to be submitted to the court or directly to the Plaintiff only?

CASE NUMBER: 50-2022-SC-021234-XXXX-MB

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2023

You should not file the completed fact information sheet with the clerk of court, because it contains personal information which you don't want the public to be able to access. Deliver it to the plaintiff, or (of the plaintiff is represented by an attorney) to the plaintiff's attorney.

1 Answer | Asked in Estate Planning for Florida on
Q: I need to file an Affidavit demonstrating that the will/codicil was executed in conformity with the laws of the state.

I need a sample of same. Any help greatly appreciated.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2023

You don't indicate why you need such an affidavit; presumably you want to file a petition to admit the will to probate in the Florida courts. To prove that it was executed in conformity with the laws of the other state, you should get an attorney in that state to sign such an affidavit.

1 Answer | Asked in Estate Planning and Civil Litigation for Florida on
Q: How do I protect a jointly owned vehicle with a Levy in place?

There is a levy in the state of Florida on a pd off vehicle titled to my spouse (or) myself. The civil judgement is on my spouse only. The Sheriff was unable to collect the asset as it was out of state at the time and the Levy has been withdrawn by the Client for now. Can the vehicle be protected... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2023

Such a change to the title could be regarded as a fraud on creditors and thus set aside.

1 Answer | Asked in Business Law, Civil Rights, Internet Law and Libel & Slander for Florida on
Q: Is owner/admin of public Telegram Channel resp. for content of posts, both personally created or forwarded from others?

We have a radical Qanon activist - self professed digital warrior- who is an elected member of our non profit, all volunteer assoc. She operates 2 Telegram channels & a Rumble site. Both have tons of antisemitic, anti-LGBTQ, anti-govt, etc content. I don’t know that it rises to a hate crime.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2023

If she is a "provider or user of an interactive computer service", such as the "Telegram channels" and the "Rumble site", it appears that she is protected by 47 U.S.C. 230, other than with respect to content created by her personally. It would be up to your... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Florida on
Q: In Florida, can a minor concealed carry an axis lock knife with a blade shorter than 4 inches in public.

The axis lock is used on Benchmade knives. It locks the blade in the open position. The person carrying the knife is under 18 years old.

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

So, essentially a pocket knife. Sure, the concealed carry law doesn't prohibit the carrying of a "common pocketknife". See Chapter 790, Florida Statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html

2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Can I file a lawsuit against my husband's ex girlfriend in the state of Florida? We are residents in the state of FL.

My husband and I separated (no divorced) for almost a year last year. He started a relationship with a woman that lasted a few months. After talking and trying to solve our differences, my husband and I decided to get back together and restore the family we once were with our four children. We are... View More

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

No, your husband probably can't successfully sue her for this. Report it to law enforcement.

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: If my dog is being mistreated at one parents house if I report it will my dog be given to the other parent or taken away

My dog is mistreated at my dad’s home. My parents are separated and I want to call animal control but I am scared that if I report it, they will take my dog and I won’t see him again. Would they take him away permanently or would they give him to my mom if they both own him or have “custody... View More

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

If and when animal control takes the pet because it has been abused, presumably your mother would be given the option to take the animal.

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Florida on
Q: Can a parent file a petition for child that lives in another state?

My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More

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

If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More

1 Answer | Asked in Criminal Law for Florida on
Q: In case of a police horse, does the move over law apply to them as well?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 20, 2023

Probably not. Florida Statute 316.126 pertains to pedestrians and vehicles. A horse-mounted rider is not a pedestrian, and a horse is not a vehicle.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: In the state of florida, can an employer with hold your pay after you quit until you sign a termination letter?

My employer stated this:

Regarding your final pay, your next paycheck will be deposited directly into your account, and your last paycheck will be available for pickup at the office.

We kindly request that you come to the office to collect your check and sign the termination... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2023

They don't have to pay you electronically (unless an employment contract provides otherwise), so go to the office, collect the check, and, if you like, refuse to sign the letter.

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