elderly early termination of lease- wish to move from one 55+ appts. to another 55+ site age 79
Answer
You need to carefully tell us the facts of your situation and ask your question clearly. I have no idea what your question is.
elderly early termination of lease- wish to move from one 55+ appts. to another 55+ site age 79
You need to carefully tell us the facts of your situation and ask your question clearly. I have no idea what your question is.
How soon can citibank garnish wages/bank accounts in California after a judgement? Can they enter my home to take things? We have no money in our bank and operate cash-only. We're about to move to another country (and still plan to continue settling/paying our various debts from there) in a few months.
It can levy your bank account and garnish your wages as soon as it wants. Usually, judgment creditors might wait until just before the next payday -- i.e. the end of the month.
My oldest son had a son 2 years ago and due to an incarceration the mother of the child took him to court for contempt of child support. He was never represented and legal aid will not help here. Today she and her attorney are trying for the 2nd contempt and trying to make my son sell the house that belongs to all of his siblings who have nothing to do with this case. The judge said that they can do this. Is that right and what if it was also brought up that she was in contempt due to going on Facebook and harassesing him telling him she was going to put him in jail when there was a restraint and no contact order in place. The judge made my son give HER attorney that evidence. What is wrong and how can they do this? The house is owned by 3 siblings.
In Florida family law court, child support is given high priority. Whether the mother was in contempt for a Facebook incident is not very relevant. For child support liability, a court may order the sale of any property owned by the defendant-parent, including the sale of your son's share of a house. Only his share is involved, not the share of the two siblings. Of course, the two siblings can avoid sale by purchasing the interest from their brother which would be payment for the child support obligation. Regardless, the child support obligation receives high priority under Florida law.
Mr. Martin is right on point. You will need to get a market analysis of the house along with the mortgage liability to see if there is any equity in the house in order to buy out your son's share. It could be that this property is under water as the economy is really not good on houses these days. If you can show that there is no money to be gained from the sale of the house and that there will be money due, the judge may dismiss that portion of the pleading so that you may keep the house.
If the house is free of a lien, but is an inheritance, perhaps that too could illiminate him having to force a sale of the house. However, with Child support being a high priority under Florida law, this may not work for you.
real estate
my name is on the deed of my parents estate that still owes money on a mortgage, my credit isn't good enough to get a loan nor will they talk to me about it since i am only on the deed not the loan, they have accepted payments from me which i have since stopped paying because they won't talk to me. it's now in foreclosure, what is my responsibility as far as what will i owe on the mortgage if i sell the home and will ther be an inhertance tax if i still owe on this?
Re: real estate
To others in similar situations continue the mortgage payments until at least you consult with an attorney. You may be able to maintain the outstanding mortgage even if they will not talk with you.
Find a local attorney to assist with this matter or risk losing everything.
Good luck to you.
Re: real estate
You asked a compound question about foreclosure.
You really need to speak with an attorney regarding you duties and liabilities in this situation.
In some circumstances the mortgage holder may be able to foreclose only on the portion of the home secured by the mortgage. In other words, the foreclosure would rather be a partition in which the mortgage holder would seek to sell the property and split the proceeds. In this case, you would take the entirety of the proceeds from your portion of the home and the Mortgagor would be paid from the proceeds of the secured portion of the home. If there was a deficiency then that would go to the estate and would not affect your proceeds.
This is one circumstance, and may not be the actual situation. You need to speak with an attorney about this situation and s/he can review the relevant documents and advise you on the best way to proceed.
Regards,
Roger
Can a landlord or leasing agent show the property if You still living in it
A starting point is to review the lease terms. You may view Minnesota Statute 504B.211. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Landlord Tenant Law Attorney, http://dwyerlawfirm.net
Yes, provided you are given reasonable notice.
I hired a established buisness to install a pool liner and that was 4 months ago they have disregarded us and arnt attempting to do anything in a timely manor is there anything i can so because they have put some time into it and ordered parts. Im just frustrated and confused on what i can do
You or your attolrn ey should send a letter, giving the company ten days to complete teh project, or another firmwill be selected,a dthe old company expected to refund an y funds you have paid them, plus reiburse you for any funds the new firm charges over what the agreement was with the old one.
Good luck
If a contractor through some employment agency 'ABC', works for a client XYZ and has a non-solicitation clause in agreement with employment agency'ABC'. Then if contractor leaves the employment agency, and works with same client XYZ through some other employment agency. Is it breach of non-solicitation agreement, according to California law? or contractor is free to work for same client and there are no trade secret agreement which are disclosed.
Please advice.
Agreement states:
. PROHIBITED UNFAIR SOLICITATION OF CLIENTS
In order to prevent the misappropriation of trade secrets and confidential, proprietary information of ABC, and to protect significant investments made and commercial values earned over a period of time, and other valuable business property and assets of ABC, Employee agrees that both during his or her employment and any time after the termination of his or her employment with ABC, regardless of the circumstances of such termination, and whether with or without cause, he or she shall not, acting alone or in conjunction with others, in any capacity whatsoever, directly or indirectly, for himself/herself or for any other, as an agent, broker, consultant, director, employee, employer, investor, joint venturer, manager, member, officer, owner, partner, principal, representative, stockholder, or in any other individual or representative capacity, use, reproduce, or disclose to any other person or company, any proprietary and/or trade secret information of ABC, to call upon or solicit, divert or attempt to divert, through solicitation or otherwise, or accept, if offered, any business of ABC from (i) any client who was a client of ABC at any time during the twelve (12) months immediately preceding the effective date of his or her termination of employment, or (ii) any client who was a client of ABC as of the effective date of termination and with whom Employee had business contact and material involvement during the twelve (12) months immediately preceding the effective date of his or her termination of employment, or (iii) any prospective client(s) to whom ABC had made a presentation (or similar offering of services) within the one-year period immediately preceding the termination of your employment with ABC.
Short answer: You cannot help another employment agency get the xyz account. If another agency independently gets the xyz account and places you there you would not be in violation of that clause.
I have recently gave a roomate a three day notice and for two weekends in a row hes showed blaring music well. Into the night slamdoors etc. Do I have an action i can take imediately or is it best that i let the process take its course
If you want the roommate to leave, end the tenancy if you have that right. Your 3 day notice says pay the rental or leave. If you want to pursue and eviction based on that you can file suit if the time as expired, BUT you run the risk the roommate will pay the rent and you are stuck with them.
Opted out of buying a home. Only signed the offer agreement. Our lawyer told us house was short sale ended up not being a short sale and seller wanted to close by end of Aug. We didn't have the closing cost money because we thought we had more time since we were originally told the house was short sale. Can we get our earnest money back?
Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have. In addition, without the benefit of reviewing the purchase agreement, any answer merely would be a guess.
I totally agree with Mr. Moens. At the same time, we are not supposed to be giving legal advice without establishing a relationship with whoever posts a question. So we can only give general direction. Almost every 'standard' form of residential purchase contract offered by realtor associations has an attorney approval section, and today many of these forms actually have sections dealing with short sales. If you thought this was a short sale, then there should be something in the contract about it and if not it is something you should have told your attorney so he or she could have dealt with it in attorney review. So when you say you "opted out" of buying a home, there must have been some language in the contract, or negotiated into it, that gave you that impression. It is up to you to talk to your attorney to confirm these things. Attorneys can't function on "impressions" unless what you are suggesting is that you were somehow defrauded, and again it is up to you to share all the important information with your attorney. So this is intended solely to assist you in communicating with your attorney, and not as advice as to how the contract can or should be interpreted. The "attorney-client relationship" means a two-way street.
Will i get arrested for someone violating their bail conditions?
okay my spouse was arrested for assult and when he got out of jail his bail conditions were to have no contact with me. However i was never informed of the conditions until today, my spouse has talked to me and i responded. I was informed that this could get me arrested by someone but they aren't an authority figure so i dont know if they are correct. if the records arent reported and they ask for them at the trial, will i get arrested?
You do not face punishment. The person who violated the bail conditions faces bail to be revoked.
My fiance's kids mother was deported, and I want to formally adopt them when we get married. What is the correct process for this?
First you have to actually be married. At that time, depending on whether he was ever married to the mother, obtained legal custody or legitimated the child, and whether the mother pays support, you may be able to file a stepparent adoption. This is a very technical proceeding and you need a lawyer to get through it. Once you marry feel free to call me at 404-768-3509.
I want to create a mobile phone app. The name I love seems to be already in use. The name currently in use for example is 'The BookApp'. I really love the name and want to use say: 'Book App' without the 'The'. I know apple may allow it into the stoer, but what do you think of this?
Use "Book App" to your own peril. The addition or deletion of the word "the" will be immaterial in an infringement lawsuit. Trademark lawsuits are really driven by consumer confusion. Does the current app target the same industry as what you hope to target? Does the current app target the same geography as what you hope to target?
Further, if you choose a mark that is "merely descriptive" of your products you will not be able to obtain a federal trademark registration unless you have 5 years' of evidence proving that consumers identify your products with the name "Book App".
Keep in mind that before you start a company you do not have any investment in the "good will" of your mark and can make it anything you like. The name is not what your first customers will be buying and is also not what will have customers return. The name is what one happy customer will tell a friend to download so they get the same experience. Make it interesting, easy to remember, and, more than anything, unique.
I paid $400 rent deposit and after moving out, my husband and I cleaned the apartment up. The only things was needed was painting to my 11 yr. old daughter's room and the carpet needed cleaning. The landlord said we could not get any money back from our deposit because he has to use it to clean the apartment. Is this legal to do this?
Of course, one of the main reasons for a deposit is to pay for damages. We don't know what those damages might be.
my wife said she is taking my 11 month old son and moving out of state. Can she do this? She is also preventing me from seeing him by not telling me where she is.
As a parent you have the right to see your child. Your spouse can not deny you that right unless it has been terminated for some reason. Your spouse also can not take the child out of state without your permission or a court's permission. You should contact an attorney.
I have unsecured credit debt, approximately 15000.00. One is currently seeking a judgement against me. I am on disability and that is my only income. I own a 2007 Chrysler 300. I live in VA and wonder can the creditors seize my income or car? I dont dispute the debt. I owe it but cannot pay it now. Do I have to go to court on the date specified on the papers? I was working when I incurred the debt, but du to medical reasons had to g on disability.
Joyce
You have failed to specifiy the exact nature of your disability funds, i.e.,
whether they're SS or other types of disability payments and therefore
I can't offer an opinion as to whether they might be subject to creditor attachment/seizure or not.
However, one thing that I can tell you for certain is that if you've been
properly served with notice of this creditor's lawsuit and you fail to
appear on the date specified on this paperwork, the court will almost certainly
enter a default judgment against you for the full amount specified on the creditor's warrant in debt with which you've been served.
A local newspaper recently did a sample ad for our business. We did not ask them to do this. They used our pictures and logo without our permission. My wife put the sample ad on her FB page and now the newspaper says the ad is their property. Is it??
The ad itself may be their property, but that does not mean you necessarily cannot use it on Facebook.
I am 20 years old and trying to get into college. I can not get any federal aid due to my mom not having done her taxes in two years because of a separate legal dispute. Although I am over 18, I was wondering if it may be possible to get emancipated from her so I don't have to use her taxes to get aid from FAFSA?
You can't get emancipated, because you are already legally an adult.
The issue is the IRS code. Under the Code, as a 20 year old who would be in College, your mom has the right to claim you. If you work and file a tax return, you cannot file a personal exemption because your mom can still legally claim you unless you move out and fully support yourself.
You should go to the financial aid office of the school you are interested in and speak them about your options.
I agree with Attorney Love. You are a legal adult and have been one since you were 18.
The problem is that you are still considered a dependent of your mother for tax purposes if she provides you with support, i.e., if you live in her house and she provides you with food and shelter.
However, if she is not claiming you as a dependent, that means that you would claim yourself and file your own separate tax returns. I am not a tax attorney and I don't know if you exactly need to move out to a separate residence. I think all that is required is that your mother not claim you as a dependent and you file your own tax returns (if applicable) based on your own earnings. Since your mother has not filed her tax returns this is not likely to be an issue anyway since she is not claiming you.
I think its a good idea for you to meet with the financial aid office of the school regarding any loans and your eligibility. Secondarily, while your mother should talk with a CPA about her own tax issues, you might want to find out from one whether you actually need to move out or not. You also might want to run this by the school financial aid officer - the school might figure that you are still a dependent for their purposes if you live at home even if you file your own tax return. I don 't know - I am just raising this as a possibility and its something you definitely need to figure out.
If I am paid a salary, am I eligible for overtime when I am schedule to work over 40 hours a week? Or am I obligated to work whenever my employer tells me?
If you are exempt, no. You are given a salary to do whatever it takes to do your job. The assumption is that in the marketplace a salary will be more than an equivalent hourly wage, to compensate for the likely additional time it will take to do your job.
Can my ex wife get me in trouble with back child support if she tries to get Medicaid for my kids
potentially yes because the FL Dept. of Revenue will enforce the support award.
As a general proposition if the custodial parent receives any public assistance (Medicaid, AFDC, food stamps) the Dept of Revenue will go after the other parent for reimbursement; nothing goes to Mom, all back to the Agency.
I got divorced about five years ago,but I never received a marriage divorced certificated.So what should I do.
You need to go to the court where the divorce was filed. Go to the clerk of the court and ask to see the file. You will need the case number. In reviewing the file you need to determine its status. For example was everything complete except for the final decree? Determine if other steps were incomplete. If the final decree is the only step remaining you can obtain the necessary forms from the clerk, a self-help office or online. You must determine whether intervening events might necessitate asking the court to make the decree final at an earlier date if so you need additional paperwork to address this issue. If a currently dated decree is all that is needed the process should be fairly simple, otherwise you may need to contact a self-help office for advice. Many bar associations sponsor clinics that can provide advice. Additionally, pro bono programs may provide help. Public law centers in your area also often provide advice. Good luck.
In PA , what is the legal procedure that an insurance company has to pay for a totaled car... I was told nada value plus tax.. My ins.co. cal is nada +tax + uses and est. of 5 cars in the area of the same type.= est. amount .. then - any prev. damage/condtion - amount owed to loan..= the amount I will recieve
A good adjuster generally uses NADA plus sales tax and looks for comparable values in the local area. The amount owed on the loan depends on whether you had gap coverage. If the accident was not your fault, you can go through your insurance company's collision coverage (if you had it), less the deductible, and you or your insurance company can recover the deductible from the at-fault drivers company
Reguarding living arrangements
My daughter is 4 years of age, and has asthma and various allergies. I have full legal rights and am the custodial parent.
She is due to visit her father for 2 months this summer.
I have recently seen for the first time the house she lives in when with him. It is cluttered to the point of pathways being needed to walk in house. Dust rises from surfaces just from walking past them. Dirt is everywhere.
She sleeps in the front room on a couch near a wood burning stove and all this described dust and stuff, due to the spare room being too cluttered to use the space.
She is not permitted to be outdoors because of the trash in the yard.
This house has been this way for 5 years at least, I have discovered, to say nothing of the manner in which she is treated while visiting by her father and stepmother. Is this an ok living situation, and if not what may I do about it?
Re: Reguarding living arrangements
If the current custody order permits the father the two months visit you could seek a modification of the same. This would need to based upon a change of circumstances (condition of premises) and that it is in the best interest of the child that visitation occur in a safe, clean environment. While it is doubtful that visitation could be prevented based upon the facts as described, you may be able to establish that limits need to be placed on such visitation.
I went into the Hospital in 2009 after having an asthma attack and I was implanted with an device with out my knowledge or consent that I didn't need at all. and I am just finding out it was put there in 2013 do I still have time to confront the Doctors and or Hospital?
You do not provide nearly enough details for any helpful response. Unless the procedure was concealed (i.e. you were never billed for it) AND the implant caused actual harm AND placing the implant was at odds with the standard of care, there is no action. You need for all 3 conditions to apply. If they do, consult local counsel.
If you are common law married in texas for 8 yrs and file taxes together as married do you have to file for divorce before getting married to someone else
Yes - married is married.
I am marrying a man who owns a home. His ex-wife signed a quit claim deed in the divorce that gave him ownership, but she is still on the mortgage. If she is already on the mortgage, as his second wife, what legal rights do I have as far as the property is concerned? I really don't want to leave my home to live in his, help with mortgage, etc. and she can just come and take the house if anything happens to him. Please help.
If there is a mortgage on the home, your husband doesn't own it. He has an equity interest in it.
You have community property rights in whatever equity (in the home) accumulates during your marriage to your husband.
If he dies, the ex-wife can't "take the house." She has no ownership interest in the house.
Tell your husband to get off his lazy butt and make a will. Now.
A friend of mine's spouse was tricked by their uncle to start a business with him. He would run the business, but the spouse had to (and did) give him the ability to buy/sell using the spouses name. The uncle accrued over $500,000 in debt in the spouses name through the business. The lawyer of my friend and their spouse told them that they make too much money to file for chapter 7 bankruptcy (spouse makes 33,000 per year and friend makes 25,000) and they would have to file for chapter 10. They have 2 automobiles (both in very poor condition), make payments on their house as they do not own it yet, and have no idea what they can do. If they file chapter 10 bankruptcy, 1/4th of the total debt must be paid within five years ($125,000). They fear they will have to pay over $1000 per month and they simply cannot afford it. I am currently unemployed and living with my parents. If I moved in with them, could they declare chapter 7? If so, how long must I live there while remaining unemployed? Would my moving in with them be considered fraud?
Maryland Violation of PBJ
OK in march of 2005 he was arrested for CDS: POSSESSION-MARIHUANA when he went to court in April of 2006 the judge gave him 1 year PBJ to be up in April of 2007. In May of 2006 he was arrested again for CDS MANUF/DISTRIBUTE then went to ocurt for that January 2007 where he received 3 years probation. In February of 2007 they issued a violation of probation warrant for him. Then when he went to see his Probation Officer in March 2007 they arrested him for the warrant. He has been locked up since 3/22/07 with no bail until he goes to the violation of probation hearing. The probation is suppose to be up on 4/12/07. At the VOP hearing on 4/4/2007 I guess the judge took the PBJ sentence back and gave him a guilty verdit and 60 days jail time. Will he gettime served becuase he was locked up for 29 days with a no bail. Nowmarland that he was tried again and found guilty at court will they issue another VOP warrant for the 3 years probation that he is on now or after he does the 60 days for the judge finding him guilty will it all be over and he will just be on 3 years probaton. This is in Baltimore County if i makes any difference the charge for 3 years was an felony so from what you hear what should we do and what can happen to him
Re: Maryland Violation of PBJ
The best answer I can give to these new questions is that you should hire an experienced criminal defense attorney to sort out this situation. If I am reading you correctly, and he is being charged with another VOP, he appears to be getting a raw deal. I would be happy to go over this case in detail for a reasonable fee. You may contact me anytime.
I want to divorce my husband who is serving a ten-year prison sentence; he has served seven years. He wants half of everything but I have been raising our two young children and had been paying the mortgage since he had been imprisoned. What are his rights with our community property and with the children?
Since your divorce is now contested, hire an attorney.
Obviously since he is in prison he won't have visits with the child. You can get sole custody - rarely done in Texas - but since he's in prison you will probably get it. You want to have all the rights & duties to make decisions for the children.
Regarding property, technically it's community property but since he has not contributed to the household in quite awhile, judges will have some compassion for you.
You need an attorney. Look on this website & on www.avvo.com.
www.familylaw4u.com
713-847-6000
Mother past away leaving one biological son and a step father, but no will. what to do?
The answer to your quetion depends on a couple of factors. One you need to determine how your mother owned her property and the type of property. If she owned property as joint tenants with right of surivorship it will go to suriving owner. If she owned property as payable on death or transfer on death it will go to the beneficiary named. This result would also apply to any property that has a beneficiary designation.
If she owns assets that are not named above then a probate administration will need to occur. The step father will have priority to be appointed administrator of the estate. Any probate assets will be divided between husband and son.
My girlfriend moved in with me 20 months ago. We never married. I supported her the entire time she was here. She never went to school here. She only worked four out of the twenty months that she was here.
We have an 8-month-old daughter. Things weren't working out between us so she recently moved back to New York with her family as of May 4, 2012. She took our daughter.
Originally, we were planning on having an informal, written agreement between us notarized regarding custody/visitation/etc. We are not agreeing on the terms (specifically allowing my daughter to come down from NY to MD, occasionally). She does not want her to leave her sight at all.
She is not working nor plans to. She plans on going to school up there and they have daycare at the school so she can attend classes. Her mother and sister are there to support her financially/emotionally and with our daughter if needed.
It looks like this will have to go through court. Is it going to have to go through the Maryland court system? or New York's?
Any other suggestions??
Within the first 6 months after she left for NY, MD would continue to have jurisdiction, which you would have to institute. After that the child would be considered a NY resident and jurisdiction would lie there. You could file for joint legal custody, not necessarily fighting her for physical custody given your daughter's age, and a structured visitation schedule. You will have to start paying child support. Your first step should be to consult with a family attorney who can guide you through the process.
My father has past away and I need to quickclaim deed to myself so that I can take loan out to pay back property taxes so house and land dont go into forclouser. How do I go about doing that? Any suggestions would be great.
You will need the probate court to approve issuance of a deed that will be effective.
In Pennsylvania, if someone has a quitclaim for a house and processes it, will he have to pay the back taxes owed even though he's been making payments on the taxes?
The new owner doesn't HAVE to pay the taxes, but the house is subject to going to Sheriff's sale if the taxes are not current.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
What is the best way for my parents to protect their assets in the event of needing nursing home care one day? They have a primary residence(400K), a condo in Florida (100K), money in teacher retirement accounts and IRA's. Very little else liquid. I'm not sure which of these assets, if any, are exempt.
Thanks so much in advance.
Rick
The answer is too complex to be answered here. However, trusts, life estates, and transfers, are methods people use to protect their assets.
Your parents should consult with an experienced trusts and estates attorney.
Paula J. McGill
Offices in Manhattan and Long Island
What good is mediation,my ex owes me several thousand dollars in back alimony(permanent periodic).He has filed a supplemental petition for modification.I am in the same situation I was in when we divorced.The only diference is he retired at 55 and I am now receiving my part of his retirement(Via a QDRO). He is stating he had to retire due to unforeseen circumstances.He is telling that the place he worked told him to retire or be fired.Should I force him to show proof of that by presenting a letter from former/now boss? If he can't produce a letter like that will a judge enforce my permanent periodic alimony agreement. The legal system only sees us for a few minutes, if you spend almost 3 decades with a person, I believe you know them very well and what they are capable of. Also he still owes me almost 600.00 for child support that was due because our son hadn't graduated yet..Will I have to wait on the judge to order that to be paid.or is my son entitled to that NOW with no waiting??? Thanks so much.
If you have a hearing scheduled - then your ex needs to provide evidence of his retirement. The fact that he left one job at age 55 does not mean that he can not work at another job. SS retirement does not come into play until he is 62. So I would follow him to see where he works because he probably does.
If someone steals your phone and refuses to give it back and intentionally causes conflict by calling people located in the contacts what can I do legally?
File a criminal complaint against them for theft.
If I only did a voice confirmation for an account over the phone and never signed any documents, can I be held liable for pending charges to that account?
With such a vague question, and virtually no facts at all, you can't get a meaningful response. What kind of "account?" Confirmation for what? Charges for what?
Since you left out all the specifics, there is no way to answer you except to say verbal contracts are enforceable.
i live in texas and was fired from my career as a police dispatcher for telling my former girlfriend her brother was in jail, which is public information under federal law, the chief said i had commited no malicious act, but made a bad decision by telling her. She is still a citizen and it is public info which is available via internet under P2C (police2citizen) or by calling, which is a question i answ a dozen times a day for years, what makes this case different, he said it was because i used my cell phone instead of a landline, but its still public information either way and was not a high profile case, just a disorderly conduct, class C, this has ruined my career and con not get hired anywhere else as a dispatcher due to a termination on my record. Even the deputy chief said i did nothing wrong. Am i just screwed here?
If you pled guilty, then that will remain on your record. If you did nothing wrong, then why were you charged and why did you plead guilty?
Just because something is public information does not mean that you can disseminate the information that you came into knowledge of by way of your employment.
Today I was in a car accident due to lack of attention. My children were messing with the DVD player causing me to turn around for a brief moment unaware that the cars in front of me came to a stop. The police officer summoned me to appear at court with the charge of "Reckless Driving-Inattention." I have never been in court, and I believe I am guilty for the lack of attention to the road for a moment, but I am wondering if I should plea guilty and pay the fine, or say no contest? I don't know what the fine will be, either. But I'm not entirely sure what no contest will even do for me. What should I do when I plead in court? Thank you!
Reckless driving is a criminal misdemeanor which carries serious consequences for you license and insurance beyond just paying a fine. You also have potential civil issues to worry about iif you plea guilty. You may want to consider consulting with an attorney.
Under no circumstances should you agree to plead guilty to reckless driving under the facts described.
My boss failed to set up my payroll account when hired at my job. He then proceeded to tell me to e-mail him my payroll hours. Because my account was never set up my paycheck was never sent to me. It went on like this for weeks. I do finally have the check but am still waiting on the last check which is a week late now. Is this legal?
The wage act in Massachusetts mandates that the monies for service be paid either weekly or biweekly.
If you are being violated as to the wage act the AG should be notified
My daughter texted her husband that he could claim their son on taxes every other year quite a while ago when he was paying child support. Can he use this text legally?
No. If he is not the custodial parent, both parents need to sign IRS Form 8332 (available on the irs.gov site) to legally establish which parent is entitled to claim the child on their tax return in any given year. Otherwise your daughter is entitled to the exemption. Of course, if they are still married they are probably paying more taxes collectively than they would if they filed a joint return. It sounds like he's no longer paying support, so if she wants to use the exemption she should let him know that she intends to do so.
This is a copy of a contract from a breeder of which we are receiving a deaf puppy they intended to have put down (within the first couple of days following birth) if unable to find a home for it.
________ AND ________ GREAT DANES ________, CA Contract and guarantee valid from Date of birth!!
Purchase Price : 40
Breed : Great Dane sex: FEMALE whelped : June 14, 2013
Color: WHITE
Sire: Gen. ________ Brute
Dam: Honey Bee ________
Buyer must spay puppy before her first heat cycle. Seller is not responsible for any vet cost once buyer has puppy. Buyer also agrees that they are not to sale , rehome or take puppy to pound for any reason. The puppy must be returned to seller at buyers expenses. Buyer must not euthanize puppy without prior consent of seller (________) BUYER ACKNOWLEDGES THAT PUPPY IS DEAF AND CAN NOT BE BRED UNDER ANY CIRCUMSTANCES . IF PUPPY IS BRED BUYER WILL FORFEIT OWNER SHIP BACK TO SELLER (________) ALONG WITH ANY PUPPIES CONCEIVED BY BREEDING.
If for any reason the buyer is unable to keep our Dane puppy , it is to be returned to the seller. Under no circumstances is it to be taken to the pound, or SPCA. The seller is willing to take the Dane back. Seller will never give money back under these circumstances . Shipping charges to return the pup to the seller is the responsibility of the buyer. Our dogs are not for resale if caught by Breeder( ________) and or co breeder (_________) there will be a trip to court and a 3000 dollar fee.Both parties recognize that any disputes over this contract must be handled within the jurisdiction of kern county California. The buyer is responsible for any and all court assessed costs to settle the dispute. Both parties also acknowledge that the buyer will pay for any claims for lost wages on the part of the seller as a result of court proceedings.
Full registration:no
limited registration:yes
buyer signature
sellers signature
My concern is the last portion of this contract. Can they legally charge a "fee", as they put it, of $3000 for violating the contract and force the buyer to pay all court costs and loss wages? The puppy is defective and we felt it deserved a chance to live. They didn't want the puppy to live in the first place but agreed to let us have her and are only charging us the cost of the shots and worming.
"My concern is the last portion of this contract"
Your concerns should be about the entire agreement. This is a ridiculous homemade piece of garbage. You have the right to make a contract and agree to these things but its ridiculous. Go elsewhere.
Can they legally charge a "fee", as they put it, of $3000 for violating the contract and force the buyer to pay all court costs and loss wages?
YES, You're agreeing to pay that if you breach the agreement and apparently a lot more. If you don't like it don't sign the contract.
o-1 visa..can I work for myself?
I have an O-1 visa and work for a company in the US as a jewelry designer. I want to sell my own jewelry on the side on a website, in stores, at fairs. I am from Canada and I have a registered business there. Am I allowed to do this since in the US since I my visa is employee specific?
Re: o-1 visa..can I work for myself?
I think you answered your own question. Your visa is employer-specific and you are not permitted to be self-employed.
Unfortunately, TN visa classification (another option for Canadians), even if you qualified for it, does not permit self-employment either.
However, you may want to look into whether you may qualify for an E visa. Contact an immigration attorney to assist you.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
Statute of limitations
I attempted to file C13 bankruptcy in 2004, but it was dismissed on a technicality. One of my original creditors is now suing for credit card debt. They are only just inside the 4-year statute of limitations.
My question is: if I file C13 again, before the lawsuit comes to court, will it successfully protect me from this lawsuit? In other words, if I file C13 quickly, even if this bankruptcy filing is dismissed as well, will this creditor still be able to sue (since, by that time, they will be outside of the statute of limitations?)
Re: Statute of limitations
The Statute of Limitations is tolled while you are in bankruptcy.
Re: Statute of limitations
If you are planning to file a bankruptcy and then dismiss it, that would be considered fraud. That's a no-no.
Even if the creditor were to file a lawsuit, a bankruptcy -- Chapter 7 or 13 -- would stop the suit while you're in bankruptcy and after discharge.
You should consult with a lawyer as to what action you should take.
If there was a burglary of an open vehicle, and a folder, with 3 checks @ $35 each are missing, and you were standing across from the vehicle on the opposite side of the street, near your residence. If no items were located in the search, and no fingerprints were taken at the scene, whats the likely out come of the defendent thats innocent. Of course the witness is 16 years old, who likely stole his uncles checks, and threw away the folder and blamed his elderly neighbor.
It's impossible to say what the chances are for an outcome of a case. A defendant is presumed innocent but they would be found guilty or not guilty. It depends on exactly what the witness says and whether they come across as credible.
Im currently paying my kids mom child support and alimony because she claimed in court she makes bare minimum pay and only works a few hours a week.
she told me yesterday that she was offered a job as a supervisor that payed very well and the hours were full time but she refused it because she would be oncall. i told her that i would be there for the kids anytime she had to work so we can spend more time together and she can work how ever much she needed. she still refused it and said shes' content with the hours she has. is there anything i can do about that? i feel like she's sand bagging the court - rather than earn her own pay she'd rather stay under the court ruling of me carrying her
Absolutely. You need to go in to court and ask for a support modification based on imputing to her the income she could make based on the job offer.
I was wondering on what I need to do to gain temporary custody of my sister. My mom has agreed to it. She is 11 and sees a doctor for anger issues, what do I need to do and expect? Thank you. Also she lives in arizona while I'm in florida.
Since she is in Arizona - you need to speak to an attorney in that area.
I agree. Speak with a family law attorney in Arizona.
Natalie Hall, Esq.
[email protected]/* */
(407) 412-7035
If I file a stop notice on a construction project in California and the amount increases, do I file an amended stop notice, or do I have to file a release of stop notice on the lower amount, and then file an amended notice ?
Amended.
If you release first, you destroy the continuity of its effect and also the timeliness. Also, a release would suggest that the claims made in the original notice had been satisfied. Amend with the first notice still in place.
if you file chapter 7 bankruptsy against Drs. and hospitals, can you still go to them after
Yes, since most hospitals and other medical providers accept federal funding, the government requires them to accommodate indigent people who cannot afford care, so they will probably continue to serve you. Many medical providers are also nonprofit or religious based organizations who, in theory, are not in health care "just for the money," but rather to help those in need, which includes people who have been forced into bankruptcy by the horrible economic circumstances of recent years. Your level of service might suffer slightly with smaller providers who personally keep track of accounts, but with larger providers, the person you are working with will likely have no idea that you have even filed bankruptcy. In 30 years of doing this, I have never yet had a client come back to my office and complain about being "fired" as a patient by any provider.
Answering you here does not make me your attorney, so please contact me for clarifications or additional questions by calling my office at 262-633-3090 if you want anything further, or email me at [email protected]/* */ You can also see me on the web at www.jayknixonlaw.com. See 15 years of past answers at http://www./answers/search/attorney/jknixon or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers and links may contain attorney advertising.
Answering you here does not make me your attorney, so please contact me for clarifications or additional questions by calling my office at 262-633-3090 if you want anything further, or email me at [email protected]/* */ You can also see me on the web at www.jayknixonlaw.com. See 15 years of past answers at http://www./answers/search/attorney/jknixon or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers and links may contain attorney advertising.
What kind of lawyer do I need if my mother died without a will And my sister took all her money. There are five surviving children
A probate attorney.
A probate attorney who is also familiar with litigation.
In Ohio can a Police Chief also hold a position on the Zoning Board?
The Ohio Attorney General's Office issues determinations regarding conflicts of interest regarding officeholders. Contact the AG's Office for more information.
early california law say they can only tap your phone with talking about murder and trafficking (3) three or more pounds of meth now what i want to know is if one does not talk about either can your phone still be tapped. and what amendments have been to said law since it was first introduced?
You need to stop using so much meth. It has made you paranoid to the point where you can't function. The police and FBI can tap your phone for a lot more than what you describe.
Work comp lawyer wants to settle for less than they owe me in lost wages
So doesn't want to proceed! I had an exam by an independent doctor he said my back had a preexisting condition. Spinal stenosis. The surgeon who did surgery was a work comp doctor to. And wrote a letter stating the surgery was work related due to aggravation 90 percent. So now my lawyer wants me to settle or drop me? I have called other lawyers they say its too far into the case but they will negotiate a settlement. Also for far less than they owe and want me to pay for copays since my insurance paid for all ! So I'm stuck unless I take it to court myself. I wish I could find a lawyer but laws for my lawyer limits payment! No one wants to go to court! So my question is after the evidence is presented is it the judge who makes the decision or Do I have to see a doctor for the court?
The judge decide the facts. But if there is a conflict in the evidence then the Judge could appoint an Expert Medical Advisor and that doctor's opinion has to be accepted by the Court unless clear and convincing evidence can be shown otherwise. Unless you have doctor supporting your opinion of lost wages and whatever care is needed you are going to lose. You really need to find an attorney who can explain what is going to occur in Court so you can decide whether resolution of the current issues or the entire case is actually in your best interests v. losing. Sometimes, especially in workers comp, you have to accept less than you want in order to avoid getting nothing.
Barry is 100% correct. You can't go forward right now when there is no evidence on your side. At the very least, get that continuance I've been talking about to buy yourself some more time.
I live in a rural Virginia area where there are no barking dog laws. My neighbor's house is around 600 feet from my property and she has 7 dogs, mostly large gogs, that are kepted outside in her back yard, The dogs bark day and night. It sounds like the Hounds of Baskervuille when they get started and the barking lasts for 5-6 hrs. I cannot enjoy my property, I can't sleep at night and the barking is driving me crazy like a toothache in my head. The cops have been to her house to ask her to quiet them down, to no avail. Can I sue her in civil court?
Yes, you should be able to sue her in your local general district court for
maintaining a private nuisance (my opinion).
I was in a serious car accident and was taken to the hospital for observation. My husband took me to the ER. When I was taken to a room, the ER nurse gave me a small cup and asked me for a urine sample. I gave the urine sample and placed the cup on the table in the room I was in. A while later, another nurse took me to have neck x-rays and a CT scan. When I returned to the room, the urine sample was still on the table. I asked my husband, if anyone asked about the urine sample to be tested. He said that no one had came for the sample. At that point, I didnt think anything of it. I was released that same night with no serious injuries. Two days later, I was not feeling that good. I decided to take a pregnancy test just as a precaution. The test was positive. I was about 5 weeks pregnant at the time. A few days later I made an appointment with my doctor who confirmed my pregnancy. I feel that the hospital was negligent and should have tested the urine sample before giving me the x-rays and CT scan. I have a history of miscarriages and I was afraid that this could have affected my pregnancy. Is there anything that I should do in this situation? I want the hospital to know that procedure was not followed. There was "negligence by omission."
To establish a written record of your concern, you could write a letter
to the hospital outlining the situation from your perspective and your concern that your developing fetus may have been injured or damaged by the hospital's
failure to follow procedures which you believe that should've been followed in your
particular situation as described.
Then retain a copy of this letter for your records and see what happens
with your pregnancy and its aftermath and whether any adverse occurances or developments that manifest themselves might possibly be linked to the hospital's negligence resulting from this visit to the ER.
i was punched through the window of my car, medical bills were 25,000 dollars plus, is my car insurance liable?
The puncher would be liable, but not your car insurance. It does not arise out of the use of the car. Tim Klisz
Call me to discuss this matter at 810-227-7200. Over 30 years of experience with proven successful resutls.
Jules N. Fiani
Law Offices of Jules N. Fiani
Mr. Klisz is correct. He is telling you the test that is employed, "arises out of". At one time Michigan acknowledged assault cases, but that is no longer the case.
[email protected]/* */
(517)896-3135
Can my BFs probation search my home if he doesn't live here, but he's on the run?
Most likely, if that is the last known address they have for him, and search terms are included in his probation.
I have post judgement in amount of 761.90 plus 48.00 court vost I was also grantef post judgement legal rate. How am I able request from defendant
much
Maryland offers several post-judgment collection tools, including seeking discovery from the judgment debtor, garnishing wages, bank accounts, etc. In many cases it is helpful to have an attorney's assistance. However, with a very modest sum you may wish to pursue collection activity yourself. You can contact the District Court where you won your judgment to get a brochure on post-judgment collection.
While the above is not legal advice, I hope the general information helps answer your question.
I am 17 years old, my mother gave temporary custody of me to my cousin. since then i have ghad two children of my own. my question is who is the custodial parent of my children myself or my cousin, and know that my two year old has lived with my mother since he was a toddler, we live in the state of ga. dont i have a right too choose who raises my children. im about to go away to job corps soon and i want my children taken care of and my cousin is not going to do that. and there never has been a custody order for my children, the only order that was given by the court was the temporary order where my mother gave temporay custody of me to my cousin. these are my children is there nothing i can do.
As you were told the last time you posted, there is no way to answer without reading the language of the custody order already in effect.
my child ran away and was missing off and on for almost a year. Mother refuses to pay child support based on a provision in the final judgment that states child support ends if the child "leaves the home" or is "self supporting". The child was a missing runaway, arrested for various petty crimes and ran away every time she was found. Is the child support enforceable?
no
I may have to disagree with Mr. Smitten. Based on what you said - I am sure the decree didn't not state "leave home" as a run away. If this meant getting married or no longer attending school, then yes - no support. However, It is kind of a blur without seeing the papers and reading exactly what was stated. So therefore, unless I know what is in the papers I am not sure this would be a "no" as Mr. Smitten has stated.
How would you get an unwillimg person off the title to a vehicle, that was a gift?
If the person did not transfer the pink slip to you and will not take their name off title then they have not finished making the gift and their really is no gift of the car to you.
They have to agree to transfer title to you, and sign over the pink slip as pointed out by Mr. Shers. There is no way you can do it through self help, or altering documents.
are employers in texas allowed to leave paperwork with your private information out in the open unattended
Bad idea but why don't you just point it out and ask that the information be put away?
I feel that the dna test is wrong what should i do
You can challenge it. It will be difficult, expensive and have very little chance of success unless there is a major flaw in the testing.
You would need to hire an attorney to fight it
does your all time lights count as headlights when it's raining and your using the wipers
If your headlights are on whenever the vehicle is in operation, I would think that would be sufficient to comply with the law when it is raining and your wipers are on.
can a land lord come in during an inspection see that the carpet has stains and has wear and tear from 3 or 4 years of renting from me then call u up at 4:45 pm sat that "you need to move everything out of your living room so we can come in and remove the carpet and put in hardwood floors (note i did not ask for this) also this is supposed to take only one day the when i get home the next day they want me to move every thing out of my bed room and my brothers bed room (note brother is roommate with toddler) put it in the living room the will have just put hard wood floors in so they can do the same in the bed rooms do i have rights and are they being violated?
You may have limited rights, you should seek the assistance of a local attorney who can review your lease. A landlord generally has a right of entry upon reasonable notice, and frankly your landlord is improving your living conditions. Many tenants can't get their landlord to fix something that's broken, let alone install hardwood floors.
I have rented a store in May,2010. The lease contract says 3 unresevered spaces in front of the store. A new person rented a restaurant next door.He has overflow of customers that they leave no spots for our customers. We spoke with the property management and called the police many times after arguing with his customers to move their cars from our spots that say "market only". Also, the landlord has a water vending machine that blocks part of our front window, we asked him to remove it and he refused. Now he's asking us to pay more in CAM, we said that he's supposed to pay CAM with us as he has a machine that uses water, electricity and his customers use the parking lot and they park in our spots thinking it is our machine. Can we sue the landlord for making us losing business plus make him pay CAM as he has a business in the same plaza and he uses CAM services like other tenants.
We have pictures and videos supporting everything we mentioned
Unfortunately 3 unreserved spots would probably be interpreted to allow others to park there. If they were reserved you may be able to take actionlike towing. My bet is the vending machine was there and you would have a difficulty showing how you are damaged if you knew or should have reason it was there. Not sure how the water vending machne would make a significant impact on CAM fees. CAMS are based on percentage so I would ask how you know LL is not paying any part of that...You may need to have an attorney review your contract.
Are there any statutes/laws in the state of Texas that require a child to have their own room? I live in an efficiency with my 13 and 5 year old daughters. The girls have loft beds with their toys, books under the bed set up as their room and I have my own space as well. My ex-husband is claiming this is illegal, but I cannot find anywhere this is stated. I have been scouring the Texas Family Code and have not come up with the answer.
Thank you in advance!
Under the Texas Property Code an apartment may have three people per bedroom. However, cities in Texas could set more stringent rules although I am unfamiliar with any that do. You would want to check the municipal code for your town.
Although the law sets a three-person limit per bedroom, your lease may limit you to two people per bedroom (and maybe even one person for your efficiency). Check your lease for that provision as well. You may be evicted or required to move into a two bedroom apartment.
However, even if the law and your lease permit your current living arrangement, your ex-husband may be able to claim that the environment is not in the best interests and seek to obtain primary conservatorship.
The TX Family Code does not cover this- you are correct.
Landlord tenant law is totally different.
I have to agree with Adam's answer.
Company given employee sick. Always changed schedules working hard hours, day time to night time or starting work might night time to morning for regular pay 8 hours ! make employee working hard weekend without say " i can not !" Making employee too much stress , can not sleep as well ! Getting sick.
Bad attitudes manager !
That is a Workers Comp claim. Talk to a comp attorney to discuss the facts.
What can I file, in the state of Texas, to have my name and personal information and details removed from a custody case my spouse is involved in. I am not the child's biological parent and have no "legal custody" ties to this child or this matter. My spouse's attorney originally told me that I would not have to provide personal information, financial information, or about my family and yet I am having to. My stance on this has no legal relevance to resolving this custody case. What can be said or done about this? I need to protect myself and guard myself before this goes on much longer.
This sounds like something that you should talk over with the spouse's lawyer.
There is nosuch thing as "removing information" from a custody case.
It sounds as if somebody is in the process of responding to pre-trial discovery. You have the option of answering an interrogatory thus: "Objection; irrelevant."
In a custody case, we are interested in the stepparent to the extent that she may have a criminal history, or be a psychopath or a drug abuser.
If the mother of the child will not allow the father to legitimize the child is he still held responsible for paying child support for this child?
Yes.
Yes, you are responsible for paying child support if an order is issued. However, it is unlikely the mother can stop you from legitimating the child if he is yours. File the legitimation petition in the county where the child lives. The judge will determine if legitimation is appropriate. If you are the father, normally, the mother has a high hurdle to jump to prevent legitimation. If you think there is going to be a fight, you might consider hiring an attorney.
What does it mean when a Will says "Real Property and Contents of (address) I give and bequeath my real property at (address) to my son and my niece. The reason I am asking this questions is. There were bonds my mom bought for me (which were in my name) in a locked box in we found in the house. My cousin says she should get half the value of the bonds because they were found in the house. The Will doesn't mention the bonds. Is this infact true because they were in the house. Thank You
If the bonds are in your name, they are yours. Contents, as referred to in the will means the household furnishings and other personal property. If your cousin is giving you a hard time, look for an estates lawyer who handles probate litigation.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
No. Are you asking this again? Real property = land and anything attached to the land like a house.
Real property does NOT include anything in the house like appliances, clothes, furniture OR bonds or cash.
In this case, the will said real property and contents of the home, which are home furnishings, appliances and furniture. Not anything that happens to be located in the house.
Bonds usually are in a separate category but as Attorney Jacobson noted, if they are in your name then they are yours. If there is no name or the bonds are in the deceased's name then they are part of the estate.
You say that the will does not refer to the bonds. This is not necessarily indicative of a problem. Was the will drafted by an attorney? Although no mention is made of the bonds, does the will contain what is called a residue clause? A residue clause comes after bequests of personal or real property and says something to the effect of "Anything not otherwise devised herein shall pass as follows" or "all the rest, residue of my property shall pass as follows" and any remaining property will then go to the person or person's named. If there is absolutely no residue clause then a partial intestacy would result. In such case, the bonds (assuming there is no name on there but the decedent) would pass to the surviving spouse and children (if any). I assume that you are the son and that there is no other spouse. If I am correct then the bonds would pass to you and any other siblings (not a niece).
So either way, it sounds like the bonds pass to you if you are an only child. However, neither I nor anyone else here has seen the will. You need to take the will to a probate attorney who practices in the county/state where the estate will be probated..
2 doctors and an NP have taken me off all my insulin. This will kill me soon. Can I get some legal action before I die?
I do not handle cases like this, but the law firm of Kafoury McDougal in Portland does. You can reach them at 503-224-2647 or [email protected]/* */ They provide an initial consultation visit for you at no charge, and they usually take cases on a "contingency" basis, which means that you do not have to pay them, unless they succeed in obtaining money for you from the entity that harmed you.
What should I do if an attorney is telling me that I owe him money from judgments that were already paid? He never filed the satisfaction of judgments with the County Clerk. The county clerk will not accept copies of cancelled checks to remove the money judgments. They will only accept a satisfaction from the attorney. He states in his most recent letter "I intend to execute on the Judgments that I have liened against you. The Judgments will be executed against your property, both real and personal". Is there a law against this type of harassment?
If you have proof of payment, make motion in court to deem the judgment satisfied.
Is there a law against this type of harassment?
A. Yes. It may be a violation of the Fair Debt Collection Practices Act, a federal law. It may also be a common law violation for abuse of process. Finally, it may be grounds to file a grievance against an attorney.
Mike.
My 2 sisters and I will inherit a 3 unit apartment house in Avalon, Ca.valued at $ 1,ooo.ooo.oo + (after probate.) I had been living in the main unit with my Mom at the time of her death. I still live there. One sister lives in the 2nd unit. The 3rd unit is occupied by tenants--their rent pays for the mortgage on the apartment house.The 3rd sister has been living on a sailboat in the harbor of same city for the past 14 years. Now Sailboat Sister wants us to evict tenants and occupy a unit.
My question is: Can we wait untill probate is completed to make any changes?
I'm surprised that someone who lives on Santa Catalina Island is seeking legal advice on Lawguru, rather than go directly to a competent probate attorney. I hope you are not all handling the probate as a do it yourself project.
I'm assuming that your mother had a will, or is in probate for intestate succession. My answer would be different if this involved a trust, and there is probate litigation over the trust.
The simple answer for a will or intestate proceeding is that your sister has no right to evict tenants until she is an owner, and then must do so lawfully. She does not become an owner until there is a probate distribution, at the end of the probate process. So she would have to wait until the end of probate process to make changes.
I agree with Mr. Roach, and strongly recommend that whomever is the executor or personal representative of the estate retain an attorney specializing in wills, trusts and estates (to use a typical combination of terms for such a lawyer). Handling a probate where the assets exceed a million dollars and the heirs evidently include three sisters with possibly different approaches to life and property is not a task for beginners.
If I am curently seeking divorce and wish to be awarded child support, would me living with another person, all though this person is not the reason for my break-up, effect the courts decision in any way shape or form of the dissolution of my marriage or child support?
As to child support - probably not. As to the divorce, maybe - is this person your boyfriend and have you used marital assets to further this relationship. If so, you may have to pay something to the other party. You don't state how long you were married and if you owned a home together along with many other factors. More info needed for a better answer.
My mother just passed away , the house she was living in will need work , how do we find person/realtor to buy house 'as is' including disposing of contents inside that will not be claimed, she did not pass away in house. We just want to sell as soon as possible , house is in San Antonio southside area last appraised in the 60,000 range or there abouts
Thanks
There are a number of real estate investors who buy houses in need of repair. I represent a few. Let me know if you want me to make some introductions.
Is it against the law to use a debt consolidation loan for something other than debt consolidation?
Would seem to depend upon the terms of the debt consolidation loan
itself. (If not addressed here, my answer would be no.)
I'm a divorced single parent who has legal and physical custody of her 10 and 13 year old children. I want to pursue a graduate degree that will take me overseas to China for 12 months. It's a study and work program. I would like permission to take my kids with me but I don't know what I'm suppose to do legally to allow this. Do I need permission from the father? He currently has 8 hours custody a month and cancels most visits and he does not pay child support. I have already obtained their passports and did not need the fathers permission. I really appreciate your help with this matter. Thank you.
You are taking a great risk leaving with the children without the fathers kniwledge or consent. The safest approach is to file a motion with the court permitting the move to another country.
I would agree with the other attorney. But, if not that, then at the very least, send the father a written notice at least 30 days prior to your intended day to go to China. I would send it registered mail return receipt requested. You could also send him an email along with a text message to ask him to discuss the matter with you. A lot depends on your time frame. I would suggest though that if you go to court you find an attorney who specializes in family law to assist you. Good luck.
www.FamilyLawCalifornia.com
I have a divorce trial this week. I have not submitted my paperwork, nor has my husband. He is represented by an attorney and I am not. Can I get a contiunace based on being in the middle of filing a Chapter 13 bankruptcy
I see too many issues to discuss here. Have you had a discussion with your bankruptcy attorney about this?
does an insurance check for an illness count as income?
I have been granted voluntary administrator status for my recently deceased brother. He had a small amount of money in a bank account and a paid for car. I can pay some of his debts from the account but 2 questions: Can i dispose or grant the vehicle to his daughter and what do I do I tell the creditors who will not get payment due to the limited amount in his account?
Creditors need to file a claim within a year in order to get paid. I would suggest you contact an attorney to see about what needs to be paid, and what doesn't. There are certain steps you need to take in order to properly administer an estate, and avoid paying certain charges.
jonasjacobson.com
In the law of mn is there a possible way I can lose custody of my kids if the ex tell the judge that I'm a unfit mother and proven that I am not?
If you are not an unfit mother, you cannot lose custody of your children. Your ex could try to establish his own custody and/or parenting time rights. Obviously, if your ex gained some parenting time you would lose that time, but otherwise custody could not just be "taken" from you.
Hello. A judge would make a determination of custody based upon what is in the best interest of the children, which, of course, includes a consideration of whether a parent is deemed fit or unfit. You should confer privately with an attorney for your personal issues and needs. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Phone: 612-296-9666
CHILD CUSTODY & PARENTING TIME LAW
FAMILY LAW
CHILD SUPPORT LAW
CHILD WELFARE LAW
DIVORCE LAW
PARENTING TIME EXPEDITOR
FAMILY LAW MEDIATOR
First, a Court may change custody once it has been determined if there is a finding that he child is endangered in the current custodial situation physically, emotionally or developmentally and the benefit of the change outweighs any harm that would be caused by the change. In that setting, the moving party has the burden of proving their case.
Often, the result of the proceeding may depend on how well you argue and support your case in the context of the statute. You should always have experienced legal counsel. For a consultation cal 612-240-8005.
In Florida ( civil case), responding the plaintiff's without being served is it automatically means
WAIVER OF THE SERVICE OF SUMMON or do I still have to served
If you answer, you are in the case. Yes.
hello-
Is it possible to contest a judgement(credit card) if creditor lost the original document(credit card agreement)? The legal papers I received from the creditor(Capitol One) state this. The judgement was filed on me in 2010. I went to court, but afterward never received the notice of a judgement- I only found out after calling the creditor's lawyers. Thank you for any information about this!
Dan.
The time to raise the issue of this original document, i.e., the credit card
agreement which the creditor apparently was not able to produce--if you
ever requested such---was when you went to court.
Neveretheless, if you failed to show up for court court when the matter was scheduled for trial, then a default judgment would likely have been entered against you and which you would not necessarily have been informed of (and which also would not have diminished your responsibility for paying such a judgment).
Can a school employee take a picture of a parents license plate?
Yes.
I'm 88 yrs.old. I brought charges in the domestic violence court.The court issued a summons
to my son-in-law and daughter to appear in court.They were not able to be served by sherriff.
Three more time the court issued alias summons and was not served.The court had me
publish notice in the Daley law bulletin.They still did not answer.The next court date I was given
a waiver.On the last court date. The judge ask me if was afraid of them, which I said yes.The judged
ruled that there was enought evidence that she will be granted two yrs. protection of court.The
respondant brought their attrorney that charges were false and should be void.I have to appear
again.The charges are physical and emotional abuse.harrassement and expoiltation. I do have
two sons who are witness. Question? do I need a attorney? Thank you.
Based on your information, my advice is to speak with a local attorney familiar with domestic violence court. Although your witnesses and other evidence may prove your case and minimize the need for an attorney, all issues considered, you will benefit by such counsel and guidance because your adversary is so represented.
I would strongly recommend it. I would also strongly recommend exploring resources available to victims of elder abuse. Illinois' Department of Human Services has an Elder Abuse Hotline (866-800-1409) which takes calls regarding abuse, neglect and financial exploitation of individuals older than 60 years of age. The Cook County State's Attorney's Office (312-603-8600) also investigates financial exploitation of the elderly.
Feel free to call me to discuss this. I won't charge for the phone call.