I live in Florida and my neighbor died with no will and had 2 sisters. One of the sisters is dieing and has a horrible husband who only stayed around to get part of my neighbors estate the estate has not been liquidated yet. My question is when the sister dies does the estate automatically go to the surviving sister or is the husband entitled to her share?
It depends on whether he died with a will or without. Your neighbor relatives need legal counsel
can a probate judge act as-competent witness of a will?
Theoretically yes. But, it would be improper for a Judge to participate in an estate that could come before their bench.
Good luck
Here is the short of it: I suffered a seizure in Penn station was accused of being drunk and brought to Bellvue. Where I was put in four point restraints and given no medical attention and treated as a drunk patient. I was kept against my will and am now suffering from lasting effects of this traumatic event please help.
Depending on the details of the events you describe you may have a legitimate action against the Hospital for failure to diagnose, and the police for potential civil rights violations and negligence. What happened next? You can either email me or call. My contact info is listed on the website.
Sounds interesting. Let's talk. Best, M.E. Zuller
jeff is my grandson. kristy is his wife. i want to turn over a house thats in my name to them. do i need to put it in both their names in case they should split up in the future? they have 2 sons. i live in north carolina.
This is bad. Better from a tax standpoint if you just leave it in your will to your grandson. Why include his wife? Just leave it to your grandson. Inheritances are separate property and if they split up this will not be subject to equitable distribution by the wife. If you add both names then it will be partly the wife's.
If you want to give it now to the grandson, there are repercussions for you. How old are you? How is your health? Are you going to still live in the home? Will you be needing Medicaid in the next 5 years if you had to go into a nursing home? Nursing home care is very expensive so how would you pay for it? If you are going to be living in the house then I suggest that you keep a life estate just for you. There are also tax consequences to giving property now and whether you give it outright or only a life estate. You can only gift up to $13,000 to any one person in one year. Gift taxes apply after that and are paid by the donor and also count against the lifetime exclusion.
I suggest before you do something that is going to cause a lot of headaches and complications that you sit down with an estate planning attorney to figure out the best way to benefit your grandson and his children. A more fundamental question you should ask is whether the grandson even wants your house. You might be surprised to learn that he may not. I don't know - I can tell you that estate planning clients of mine made one suggestion and after talking to their kids they came up with a totally different distribution scheme.
So this is something which you and your grandson should discuss and after doing so, if he has a need for the house now, then you need to get up with a real estate attorney. As I said, you also need to know if you will be staying in the home and its value. Perhaps he can "buy" the house from you and you can forgive $13,000 of the debt each year until it is all transferred and/or you can provide in your will that any remaining balance is forgiven upon your death. Or you can leave it to him in your will. If the latter, then you will want to see an estate planning attorney who can look at all your assets, debts, income and circumstances and come up with the best way to transfer the home. And by all means, do not add the wife's name to this.
My legal residence is in the state of Florida. I'm currently in the state of Tennessee where I was served with divorce papers. What are the ramifications if I can't submit my response in the required 20 days?
If you do not timely respond to the court you may lose your case and your rights. See your attorney immediately.
In a Foreclosure case, I have copies of the Note and Mortgage that the bank filed with the court, at the bottom of the documents it says "IMAGE MADE FROM ORIGINAL DOCUMENT". My question is, who determines if the Document are Original or not, the Clerk?
The clerk will not typically make such a determination. Usually, such an assertion must be made in court.
I have a client that died and only his name is on title for his home. It was given to him by his parents. The mother is still alive but the father passed away. How do the get the title for the home transferred to his brothers and his mother
Since title was only in his name, the home is part of his "estate". If he has a will, it should cover who gets the home. If no will, it passes according to the law of "intestate succession". Assuming he has no heirs you did not mention (like a spouse or child), intestate succession provides for his entire estate to go to his mother. Of course she is free to do with it what she wants, once she gets it. "Probate" is the court process used to administer and distribute estates. Sometime probate may be avoided by a simpler procedure. For example, in this case, if the entire estate were worth less than $100,000.00, an affidavit procedure might be available.
I agree with the previous answer, except I'd say "If he has a will or trust......" Many people these days have their property in a living trust, with someone else taking over as trustee upon their death.
You may have to open a probate if there is no trust. If u need help or have more questions feel free to call me at 818 345 0123
My ex wife had dental work done in January 2014 and we divorced in May 2014. Am i responsible for paying the dental bills because the benefits were in my name?
It depends on the language in prior orders or the divorce judgement. Usually, parties are responsible for their own uninsured medical expenses, but that's no always the case.
Hi I am a real estate agent. I have a client who's father passed away April 9th, 2015. The son and daughter--the only 2 living heirs, had a notarized will signed prior to death. The house was all the father had of value, of which around $300,000 will be of profit. The property is now vacant, yet the son and daughter want to know which should be the next step to take--they live in Northern Ca., while the property is located in L.A. County. Any insight would be useful--Mike
A "notarized" will may not be valid. Whether it is or not, however, they must open a probate case and submit the will. If it is valid it will be used to conduct the probate. If not, the probate will proceed via intestate succession. Either way, unless the father had a living spouse or there were other children, the son and daughter will most likely be the recipients of the estate. They can either sell the house out of the probate or take title to it and sell it later, or whatever they want to do with it. But no matter what they must open a probate case in the county in which their father resided when he died. The property location doesn't matter.
It definitely sounds like a probate needs to be opened, as probate is the only way anyone has the legal right to manage, rent, sell, or distribute the property to the heirs. The probate will indeed take place in the county where the father lived before his passing.
I strongly suggest your clients meet with an attorney that handles probate matters. The first step is to see if the will meets all the formality requirements in order to be valid. This isn't necessarily a complicated question, but it requires a review of the will. Assuming there is no dispute among the heirs and a diligent probate attorney, the probate proceeding should go smoothly.
Attorney's fees for probate are capped by statute and are based on the value of the estate. You can try to negotiate a lower rate: some attorneys will do it, some won't. There may be additional fees involved due to the sale of the house or other complexity not revealed by your message. The important thing is that the clients find an attorney they trust and can work with, and that they really avoid trying to do this themselves.
You should be able to find a good probate lawyer here on Lawguru, or through the local bar association.
I'll just point out that your clients may as well see a lawyer up here, rather than in LA - most probate work is routine and doesn't involve lawyers appearing in court in person (or by phone). So if your clients get a lawyer in their community that lawyer can file for probate in Los Angeles County, or whatever county their father resided in at his death.
If a spouse purchased a home before marriage and does a refinance after being married is other spouse liable in case of foreclosure. NC.
It depends. If the spouse signed on the note for the refinance loan, the spouse is liable. If the spouse only signed the mortgage (deed of trust) the spouse has no liability. (However, the spouse will be named in the foreclosure since a bank can't foreclose without the spouse being noticed. This does not make the spouse liable for anything).
We have an employee who is paid a flat rate (of $400 a week) IF he doesn't make more than that in billable hours. (We're in the automotive repair industry and he is a mechanic.)
When we pay him vacation/holiday pay, which rate should we use as a basis? The lower flat rate or an average of the higher billable hours?
Such benefits would normally be based upon his base pay.
I was involved in a car accident and left the scene because I had a warrant on the same city they want me to come in today what are my options
Turn yourself in to the police but just don't make any comment at this time.
Call me directly if you want to talk. 216.952.1990
is it legal in florida to pay for an escort to do alunch date no sex involved?
Yes, so long as there is nothing approaching sex, and no expectation of some sort of sexual relations
I agree with Mr. Epifanio. Lunch is fine, just no paid sexual contact.
Good luck,
i was assisting a client in paying her restaurant tab over a years time. I paid cash to the restaturant and received paymnet from the client who has a close friend who monitors her finces. i would notify the clients friend that i laid out the money a received reimbursement. I never profited from the relationship. Client and i would go to lunch etc she would pay/ i would pay in turn Help
I do not see a question. Did you forget to ask the question?
ex husband got visting rights to my kids well hes not picked them up on schedule time and now he has moved out of state and wanting to pick kids up and take them out of state for summer
Isn't it a little early to take the kids for the Summer, especially if they're in school? The visiting schedule is already set. If this isn't his time, then it may not be advisable to allow them the go with him now. He could use it against you to get a Custody Order for himself. Consult directly with a family law attorney, in your area, before deciding. You need an attorney that has read your actual custody and visitation order.
Good luck
I have a 28yr old daughter and a 18 yr old daughter, my child support payments go to the state of illinois, but i live in florida, how do i go about petitioning the court for desolution of payments?
By a motion to the court that entered the support order.
If this was a Florida matter you could notify the Clerk of Court and it would be resolved. You indicate it was an Illinois court, you can try the Clerk of Court for the county where the DOM was granted or speak with an Illinois attorney.
file a motion and strighten it out with the originating state - most likely IL
My divorce was filed in another state 13 years ago. i have been served with Order to Show Cause for contempt for failing to pay my portion of a consolidated student loan. Do I have to appear in court in person? I live over 1500 miles away and can't afford to travel
You should contact the court in question and arrange to appear telephonically. It's usually granted.
After a bankruptcy is discharged. If the Trustee receives a(payroll deduction)payment a week after being informed of the discharge. Is the Trustee allowed to send a payment to a creditor knowing the bankruptcy is no longer active?
My suggestion is that you call the Trustee and inquire of them. Bankruptcy trustees and the people that work for them are thoroughly schoolled in all of the legal requirements, duties, and responsibilities required of them and they are in the best place to answer your question. If they made a mistake, in all likelihood they will correct it.
My fiance and I have 3 children. I have a son & he has 2 daughters. Neither have the same mother. We have my son & 1 of his daughters on the same weekend. We are trying to get visitation set up for the other daughter. The mother doesn't want us to have her the same weekend we have the other 2 or says we need to change the other 2's weekends. Will a judge stick with her? This would not only effect our visitation & schedules but that of our childrens parents & significant others.
Is there a reason on the other parent's end that they can't switch? I assume you are offering her 2 weekends in a row in order to implement the schedule. A judge will try to put it all together after you are marrried, but it is difficult to do when you have all these folks involved, and won't even try to do it until you have permanent ties.
my husband and I are currently in adivorce in california. He has liquidated our assets and formed an LLC in florida and washington in order to hide the money. How do i locate the names of his LLC's?
Proper use of discovery requests and motions would be the way to proceed.
Ms. Kock is correct. You may also need the help of a forensic accountant.
My father passed away recently and we(my mother, half siblings, and I)are in the process of settling his affairs. He had many different assets, one of which is a safety deposit box in which we believe he put his living trust. My mother came across a draft of his living trust in which she is named the beneficiary of many of the assests, but of course we are unable to find the official living trust to verify, leading us to believe it may be in the safe. My father used to always mention "everything you need is in the safe", and we assumed he meant the personal safe kept in the house until we discovered he had a safety deposit box after his death.
We went to the bank, but were told because my father did not name my mother as a beneficiary on the deposit box, we would have to wait 40 days for it to be unclaimed. Then we were told we must go to court to get a court order naming her as the executor of the state.
The question is: are we able to get that document and will it be an easy process such as going to the court and requesting it same day, or will we have to make an appointment and experience a waiting period for the document? Also, since the living trust draft is inadmissable, if someone wants to claim the executorship or a percentage of it(say a greedy sibling), what would be our options.?
You can start the Probate process without waiting 40 days; however, it takes 30-45 days to get named as an administrator or executor of an Estate. You must publish Notice and the Petition itself must be in proper form. You will need to meet with an attorney to assist your family with this process.
Consider this - look at the draft documents you have. The attorney's name should be on there somewhere. Contact the attorney's office. If your father executed the documents then the attorney should have a signed copy in his or her file.
To get in the box, do a Small Estate Affidavit under Probate Code section 13101 (google it for the form). It can't be signed until 40 days after the death.
Also, under California Probate Code section 331 (google it, print it out and take it to the bank) you can get into the box under supervision for the purpose of looking for a will and/or trust documents, which can be copied for you.
Do I ask Family Law questions here?
For California, yes.
I lived with the mother of my boys for over 17 years. We recently broke up and I moved 2 hours south for work so I wasn't able to get my stuff out right away. She agreed to let me get it and after several attempts, she is now telling me I can not come on the property to get my things out. What can I do?
Who owns the real estate? Who is on the lease? What type of property are we talking about? Do you have a key? Go with a witness, calmly and ask for entry to get the property. In theory you could call the police and ask for their assistance. If she persists in the refusal, then you may have to file a law suit seeking the property.
I asked a question yesterday, is it to soon for an answer?
LawGuru questions are answered by volunteer lawyers as a public service. Since they are posted anonymously there is no way for me to tell what question was yours. What I can tell you, however, is that I and most of the other attorneys pick and choose the questions we answer based on our own personal criteria. Some only answer questions that they think might lead to a client. Others, like myself answer those and other questions that seem to either allow us to give a clear and concise answer that will help someone, or that involve a topic that I think might be helpful to the public, since the questions and answers are public and searchable.
There are many questions, however, that I and others choose not to answer. They may be so badly worded that its impossible to make real sense about what the person needs to know. They may be about such trivial whiny things that they don't deserve an answer (seriously, someone once posted asking how to sue their brother for not returning a tool he borrowed). They may be too long and convoluted or so legally complex that they amount to trying to get legal advice they should pay for for free. You'd be surprised at how many we get that just read like a Google search, instead of a question. Many are posted in the wrong category so they go to lawyers who don't have the expertise to answer them. In short, there are lots of reasons a question is not appropriate for me to answer, and others who read it may think the same. There is no way for me to tell you what reason your question has not received an answer, but if you think you can improve it, you probably should do so and re-post it.
How long does it take to get a court date in San Mateo, California? Spouse has an old bench warrant from 2000 for a failure to appear on 1 gram of cocaine possesion. The case was going to be dismissed, but she did not appear for final court hearing. She is not a US citizen and wants to fix this problem. I was wondering how long it would take to get a court date once an attorney filed for a motion to quash the warrant.
You need to contact an attorney right away to make sure your spouse is not picked up by the local authorities on a bench warrant and she would have more problems to deal with.
If you are interested in speaking to an experienced criminal defense attorney that can inform you of your rights and can competently represent your spouse's interests, contact our office at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.
Can I leave state to work if on bench probation?
If the Probation Order did not address moving away, it us somewhat assumed that the probationer can move, so long as they comply with the requirements and lumitations if the Probation.
Good luck
A family member died intestate and the court appointed an administrator (a different family member). How can I found out if the administrator filed a listing of estate assets with the court (required within six months of appointment as administrator)
Check with the Surrogate's Court in the county where your family member lived before he/she died.
Also licensed in New York.
I am being told that i got a dui in Georgia and i did not. What do i do.
Contact an attorney in the area where the alleged DUI took place. It could be a number of things including identity theft so you need help on this right away.
I am trying to understand the extended summer visitation. It states he gets them for 42 days beginning no earlier then the day after school lets out and no later then 7 days before school resumes at the end of summer vacation. Not to be exercised in no more than two separate periods of at least 7 consecutive days. Does that mean he only gets them for 42 days? Because he is trying to get them from June 5th until August 3rd?
Subject to the parameters listed, he does get them for 42 days. There is probably a provision that allows you some weekend time, with notice. If you are still confused, you could consider asking an attorney in your area to review the decree, and explain it to you, for a reasonable fee. Good luck.
We are going to build an attached in-law quarters onto my daughters home. We would like to have all our names on the deed in a way that none of the parties can sell or convey any of the property without legal consent from all parties. My daughter and her husband currently own the home with a mortgage and the deed is a tenancy by the entirety. Can my wife and I be added to the deed? How would a possible divorce be handled in this situation if it were to occur?
Yes you could be added to the deed. However, the mortgage holder isn't going to be happy. Unless you ask them. Even then they may not want to allow it. Well they might if you sign on to the mortgage and promissory note. or maybe it's to much trouble. In that case you could look in to refinancing the property.
John
I agree with Mr. Davidson's suggestion. However for the complicated arrangement that you want, you'd be better off having a partnership agreement of some kind that spells out all of each person's rights and obligations to maintain the property, pay expenses, and also what will happen if any party wants to back out of the arrangement. It is important to provide for buy-outs and how to value the interests now, rather than having to go to court later, because that will be expensive and time-consuming.
Consult a local real estate lawyer to assist in preparing such an agreement. Each party should have separate legal counsel. This may seem expensive, but it will save money in the long run.
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.
P.S. You will also have to get local municipal permits for such an addition. Don't forget to apply for the applicable zoning and building permits.
I have got road traffic violation ticket. If I go to court, how should i defend myself?
Hire a criminal attorney
Good luck
I filed for disability and was told i met the medical requirements and was considered disabled as of 3/3/11. But they also said they still haven't made a decision on whether I meet the non-medical requirements. What are the chances I will be approved if I have no income, no assets and havent't worked for almost 2 years. And I have worked 40 quarters of my short lifetime. So, it seems as though I would qualify for both SSI and SSDI.
You should not have to wait as long as you have. You should speak to an attorney. We have offices in Charlotte, Greensboro and Winston-Salem. Please call to schedule a time to speak with Ms. Cini in our office to learn what your rights are.
If a debt collector operating on behalf of a company to whom a debt is owed, violates the fair debt collection act, who is potentially liable for the violation? Is the debt collecting firm solely liable for the violation or does the company whom the debt collector is representing also have some liability?
The debt collector. The creditor does not necessarily assume that its debt collector will attempt to collect debts in violation of the Fair Debt Collection Practices Act. However, if there is some independent basis of negligence by the creditor, then perhaps there may be some liability. I have not undertaken to research this issue.
While I am sure that violations of the law occur, they are seldom actionable unless they are really egregious. Also, just because the debt collector violated the law does not mean that you don't owe the debt. If the debt is small and the violation clear, then perhaps that fact can be used to negotiate the debt in whole or in part. If you have a $20,000 debt and only one violation, the most you can recover under the act is $1000 unless you establish actual damages (most people can't.) Of course, that is $1000 per violation so you would need more than one if you really wanted to make an impact. Lawyers love the Fair Debt Collection Practices Act though because they can recover attorney fees.
Before you get all sue happy, why don't you run your case by a lawyer who specializes in the litigation of FDCPA claims? I am not a litigation attorney and I focus on resolving the debts rather than suing debt collectors for missteps. Here is one place: http://www.krohnandmoss.com.
There are other FDCPA lawyers in Atlanta I am sure. Know that Georgia is a very creditor friendly place though and its not very likely that a case will exist unless there is really clear conduct. But get a free case evaluation before you conclude otherwise.
My co signer paid off my loan without telling me. I was making on time payments. Am I responsible for paying him back? My name is first on the loan and the only one on the title.
A first question is this: What agreement did you make with the person kind enough to co-sign on a loan with you?
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
ph 612-296-9666
Minnesota Attorneys at Law
I was convicted in Harris county for theft, which to my understanding it was 1,500.00 but less than 20,000. I plead guilty and was sentenced to 90 days in county jail serving 22 days. In court I plead the 1244a. I am not sure what this actually means. The debt was paid off, and I want to know if I can have this either concealed or expunged? I do work in the medical field and I am looking to continue my career in this field and this could be a hinderance. Would there be any resolution to this situation? I have not had any other troubles before nor after this. Please help me to understand what has and is happening.
Please check where you posted and post again. There is no Harris County in Indiana.
My wife an i are still married but are about to divorce but her an her parents constantly denie me visiting an there has not been one thing ever court order or anything stating im not aloud. Is it against a law or whats the guidelines
In Ohio, until there is a court order with regard to visitation, there isn't much you can do to enforce your right to see the children. File for divorce or dissolution or separation and you can get temporary orders going regarding your right to visit with the children. If she does not follow the court order on visitation, you can ask the court that she be held in contempt and then she could possibly go to jail and/or pay fines.
Can a cop run a license plate without probable cause?
Yes. Your license plate is a matter of public record.
failure to display a county decal in virginia, is that a state violation,or county ordiance violation,and is it a moving violation?
It's a local ordinance violation and is not a moving violation.
Home invasion, shot in the stomach. Taken to hospital and had surgery. Have a colostomy bag. Now the hospital will not take the colostomy bag out because i do not have insurance. Is this right? I didn't ask to be shot. They also left half the bullet in me.
Facts in medical malpractice cases can be very specific in determining whether or not you have a claim. Go and sit down with a malpractice attorney to discuss obtaining your medical records. There may also be issues with the treatment in terms of whether or not stabilizing you was within the standard of care, and whether or not they actually had any obligation beyond that.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected]/* */, or through our website: hicksmasseyandgardner.com.
On april 7th 2014 my husband committed suicide while taking chantix. the dr giving him the medicine was also prescribing anti anxity and anti depressents. On top of all this my stepsons suicide me for the estate. While waiting mediation i was locked out of my home. The security company was suppose to be neutral during this time and even after i was given the home. The security company allowed people unsupervised on to my property where they stoled 60 bales of hay propane tanks a canoe amongst other things. When i question the people who took the hay. they told me that they had permission form the security company this is false. they had no legal right.. this seems like dereliction of duty do i have a case.
Your case is not a guaranteed win, but you do have an arguable claim against the security company, especially if the people who took things are willing to testify that they were given permission to do so by the security company's employees. I would pursue the claim, because there may be some value there, even if it is only for the nuisance value.
I signed up online to vote in my area/district. I have just received notice from Planned Parenthood saying "Earlier this year, you registered to vote, so now you are able to vote in the upcoming November election."
Is it legal to sell my private information to these people? Had I known that the voter's rights of privacy are being sold or given away I would have NEVER signed up to vote. I am 55 years old, I don't need planned parenthood and am very mad about my information given out like this!
Voter registrants are public record. You have no claims against anyone.
my neighbor across the street from my house parks her car in front of my house every day. she claims the street is public, but I am sick of it. what can I do legally?
She is correct. It may annoy you, but you don't own the street in front of your property, anyone can park there, it belongs to the city. This is happening to me too as my Syrian aviation mechanic neighbor refuses to use his 2 car garage, but I can't do anything either.
If it's a public street, there is nothing much you can do about it. If it is an easement, I suggest speaking to an attorney.
We have a quit claim deed to a home we own in FL. We would like to transfer the home to our uncle who lives in the home (homestead/tax purposes). Upon his death we want the home to be transferred back to us. How can this be worded and done in a quit claim deed?
You need to hire an attorney. You can transfer property to
A life estate with remainder back
To
You. There are implications for which you need to consult with an attorney
please i need an answer if someone have a problem with theft and the incident was less than 9.000 dollars can that person go to jail.ii was in Ohio that inccident
If you're saying 9,000... Yes. Jail. If you meant 9.00 then ask for a diversion program or a lower charge.
I. I'm accused. Of robbing a woman but she never identified me as the person that did it to her only proof I'm seen 30 mins later tring to use a credit card that was taken from the same woman
You need to hire a good lawyer. This is a serious accusation and being in recent, unexplained possession of stolen property can be a real problem.
were hired as independent contractors in california as massage therapist.Can the owner charge us a monthly base rent???on top of the rent we already pay(per client)???
Yes. It all depends on the lease agreement you agree too. In my opinion, I would find a new office and report this owner for gouging.
Report consumer fraud to the California Attorney General.
Report to the Better Business Bureau
Report to the California Department of Real Estate
Contact the California Housing and Community Development Department.
A business should have a written lease for its premises. If you do, read it carefully, or get a lawyer to interpret it for you. Whatever it says, that's your rent. If you don't have a written lease, get one, either from this landlord or, after you move, from your new landlord.
Hi,im in Florida.my question is on rent to own home..i put a down payment down on a home.moved in.great for three years.then i had a accident .lost my jobs was behind by half a month still paying.then. was served papers eviction notice in the middle of moving had a heart attack.went to court.they said i forfit the money put on the house and any money put into the house to make it liveable.hot water tank,new toilet,fix central ac unit.when at court found out this man didn't own the house its in a trust.who can i contact in a law that this was a scam?and i forfit my cash to fix up the place and down payment..im not the only one i know of two others who were in the same place..thank you..
Your written agreement would control your rights. Have that reviewed by an attorney.
My husband and I separated and I am selling the house. It is in my name only. Is he entitled to 50% equity if during our marriage he had no income and did not take care of the home ? I am in Pa
Hi, Thank you for your question. My name is Andrea and I have over 25 years experience in in all aspects of Family Law.
Under Pennsylvania Law, anything purchased, or acquired during the course of the marriage is considered Marital property, regardless of which spouse paid for it and regardless of which spouse's name is on the title. The only exception is property acquired by gift, bequest, or inheritance and these remain the sole, separate property of the recipient to which the other spouse has no claim or right.
Therefore, if the house was purchased during the course of the marriage, it is considered "Marital Property" to which your husband has a claim. The amount of the proceeds to which your husband is entitled will depend on what you and he agree. If you cannot agree on the percentage interest division between the two of you, then you would submit a Petition on equitable Distribution and the Court will decide the percentage that each spouse will receive in both the personal and real property that constitutes "Marital Property".
You would first have a hearing in front of the Divorce Administrator who would arrive at a decision. If either of you do not agree, you can appeal the decision of the Divorce Administrator and have a trial before a Common Pleas Judge. In each case, the division of marital property starts out at 50-50. The Divorce Administrator (or, Common Pleas Judge, if either of you Appeals), starts out at 50-50, then depending on the facts and taking into account the factors in the Divorce Code, the final division could be 50-50, 45%-55%, 40%-60%, etc.
I wish you the best,
ANDREA G. TILLIS
On Monday an attorney placed a "garnishment" hold on my joint (with uninjured spouse) checking account. This came out of the blue after not hearing from him for FOUR years. No warning this was going to happen. The very next day, I filed emergency bankruptcy and I have a case number and a hearing date. Said lawyer is now refusing to remove the garnishment hold from my bank account stating he put the hold on before I filed bankruptcy. I thought I was under protection from continued attempts at collection. Is what he is doing legal?? How do I get the hold removed??
Talk to your bankruptcy attorney.
We were given a legal document from Randall County clerks office saying we are being sued for a credit debt from 5 years ago. We need to know what rights we have and what actions we need to take? Help us please.
If you haven't made a payment in five years, you probably have a defense under the statute of limitations. You need to go see a lawyer.
"Civil demand to recover damages for... theft of personal property" second settlement offer. Unauthorized discounts in the amout of $50. Lost job and received letter. First demand was $250. Now $625. How/why? And does this go on a background check?
This makes no sense. Try taking 3 deep breaths, calm down and re-post your question with relevant facts.
There are no "civil demands" for theft. If there was theft of personal property, you would be charged with a crime and in that case you would need a criminal lawyer not a credit/debt/collections lawyer.
Second, if there was a theft and the person whose property was stolen sought restitution of the thing taken, they would not be giving "discounts." Injured/damaged people don't act this way.
Thirdly, damages do not magically increase. If you stole an article from me worth $500 then I am entitled to $500. I don't get more because you did not pay up - I still get $500.
So based on all of this, I suspect that what you have is either (a) a scam or (b) a payday loan which you defaulted on.
If a scam, then this can be tossed into the trash or used to line a birdcage. However, before I would officially give such advice I (or any attorney) would need to see the actual document. If its a payday loan gone bad, then please read the article on Georgia payday loans at my website: www.rachelhunterlaw.com.
If you wish me to look at the document or otherwise wish to discuss, please contact me at [email protected]/* */
well theres this girl that might be pregnant by me and if she is she said she wants a abortion and i have to pay for it all can she legally make me pay for the whole abortion not sure what area of lay to ask this question too
No. She cannot make you pay for the abortion. She can, however, make you pay 18 years of child support if she has the child.
Ok my partner is facing 10 yrs, but instead got probation ,ok now a friend of his was in the vehicle with him as well, when the police searched the car they found a firearm now he's facing more time in jail now,my partner had no knowledge that the firearm was in there but his friend is now stepping up to take he's charge that my partner is in for but the friend made a tape statement saying he didnt have the firearm in just played with it but the friend is now telling me he did have the firearm so I want to record him telling the truth ok where should I go from there should u get a lawyer
You need a lawyer.
i was hurt at work. i was allowed to go back to work on light duty work only. Due to this time of year work is slow and i am not getting any hours. I do not qualify for unemployment, and cant find anther job being on light duty having a workers comp. claim. Is there any benefits i qualify for or whats my opions?
If you are on light duty you should get ttd or tpd benefits. Call us at 800-517-1614 and we will refer you to an attorney in your area that is experienced and can get benefits for you.
my ex girlfriend has abused the system as much as possible to obtain a permanant restraining order after 15 years of filing lies to obtain said order... my questions is the order says i am to stay away from her address " where ever that may be" she has recently filed a violation because i was working delivering heating oil next door to her parents not knowing she was again living there.. am i facing jail?? what can i do to stop this harrasment, these orders are nothing more than a tool to ruin my life ,as well as keep me out of my daughters life. i never lived with this woman ,and have been un involved for 15 years.
Get a lawyer
I fell at work on 7-23-2011 ( Sat.). I hurt my back and arm & by the next morning felt I needed medical care. Went to the ER, x-rays were taken of lumabr, thoracic & lt elbow. The MD spent approx 30 seconds with me. I was given a pain med that made me ill. I reported my ER visit to my job as well as giving them. I also gave my employer a WC form provided by the hospial. I was also told no work x 2 days. Today the pain was worse in my back, with alot of pain in my lt hip traveling down to my calf. I reported this to my job @ 7:30 this morning. I finally got a call back stating that 'Corporate" wanted my perseonal infor, ie: address, SS# & phone number. This call was around noon. I told her I needed/wanted to see a doctor TODAY. It is almost 3:30 with no response from my employer. It is too late to see any doctor today.
How do I pursue this if they continue to me unresponsive?? ( I slipped and fell on a wet floor)
You reported it properly, which is good, and your company is required to have you seen by their doctor as soon as possible. I handle workers compensation cases as a large part of my practice and I should be able to get you to a doctor within 24 hours of your retaining me to represent you. Please contact me first thing tomorrow morning, around 9 am, so we can talk about how I can assist you. My number is 908-272-0111. There is no cost for talking to me about your case. Call me tomorrow. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
how can I remarry my chinese ex-wife in the U.S. We were together for 2 years and got married in China, but our life was really stressful there and we got separated because I had a stress breakdown. Now I am in the U.S., and we want to figure out how to get remarried so she can come here ....
If you never got legally divorced, then you are still married & can petition her.
If you are divorced, you can go abroad to marry her (again), return to the U.S. & petition her. Be forewarned that if she comes to the U.S. with the intention of (re)marrying you, it is considered "visa fraud".
I'm not sure how successful you would be with a "fiance visa" under the circumstances.
Grandmother passed in 2002, no will. She left stocks with my sister and I as beneficiaries. Her son, our father was already deceased at the time of her death. At the time of my gran's death my sister was married. About a year ago my sister took the stock certificates (Still in Grandma's name) and said she was going to work on transferring them into our names, Sister and I. My sister just passed away unexpectedly on Nov. 1st, 2014. She was married and she & husband adopted a daughter. I need to find out if my brother in law or sister's adopted daughter have any right to the stocks. I am not sure exactly what she did with them. Brother in law is hemming and hawing on when and IF he will send me copies of the documents.
This is not an appeal question You need to ask the question to a probate attorney.
Is it legal to charge interest on medical bills ( from the Dr. Whitaker Wellness Institute, who sent the bill to a collection agency) in the state of California?
Yes.
My parents just purchased a mobile unit in a retirement community and paid 6k. I assisted with this purchase financially so all of our names will be on the deed. Should my parents die, this unit will be mine solely. My sister (who is estranged from our family) may try to pursue some financial gain from this unit. Will she be able to contest this legally? Is there paperwork we need to fill out to avoid court or probate?
Redirect your question to an Estate & Trusts attorney.
I was just in a car accident and I want to know what are some of my options?
If you would like to discuss your options feel free to contact my office any time. 516-622-0428
Lots to consider. Lots to discuss. But don't wait. Speak with a lawyer. VTY, M. E. Zuller
First, get a copy of your police report when it is ready. Next, do NOT speak to anyone from either insurance company regarding this claim until you have spoken with an attorney (exception - simply report the accident to your insurance company to put them on notice). Insurance companies can be shady and look to take advantage of an unrepresented indivudual. Also, you have to file your no-fault application within 30 days of the accident to ensure your benefits. For an absolutely FREE consultation and help with your application, lost wages and property damage claim please email me at [email protected]/* */ or call me first thing Monday morning at 347-702-4133.
Wish you all the best,
Michael Krigsfeld, Esq.
My neighbor just filed a lawsuit against me based on a dispute over the boundary line of adjoining properties. His claim is based on the doctrine of adverse possession. Can you explain this to me?
There was a time when if a neighbor started using your land (typically a flower bed) and got away with it for ten years, the land was theirs. Recently, New York's highest court changed the law. If you don't have a deed that you think covers the land in dispute then you can't get it by adverse possession. This dispenses with the insanely-complex rules about the openness and notoriety of the adverse possession. In other words, in order for an adverse possession claim to succeed, there has to be a defect in your title. Notify your title company if you have one. Otherwise, expect a legal bill in the $5,000 range.
This is a civil rights violation question. I have a workers compensation claim and the insurance company has been difficult. On one occasion the claims adjuster got my goat and I told her in an email "I was tired of her sh*t". The insurance company's lawyer went before a workers' compensation judge, implied that I was using profanity all the time, and the judge has ordered me never to use profanity when addressing the insurance company or I will be fined. While a judge can demand no profanity in his courtroom, I do not think the judge has the right to censor my speech in my emails or in any other communications to the insurance company, especially based on a single occurrence, which was totally justified considering the harassing attitude of the insurance claims adjuster. Is there a way to force the judge to rescind his order or do I have a case to sue the State of California for violating my first amendment right to freedom of speech?
I am surprised you find profanity "justified" under any circumstances when dealing with an insurance company or other business matter. You can easily express your dissatisfaction in other ways.
Profanity is not always protected speech. Without seeing the E-mail, and without knowing how this got before the judge, it is not possible to opine on you situation. I can definitely tell you that you scored no points with the judge, and that you would be wise to be more careful with what you write. A bit of contrition will go a long way here.
I have a judgement against which keeps adding interest which is up to about $15000.00, It was $4000.00 defaulted stipulated judgement which I could not pay after job loss. I can now pay something to hopefully settle and be done with this mess. I'm 55 and want to someday retire without debt hanging over me. I have not considered BK, but I'm open to all thoughts! Thank You for response
Either you or your legal representative could contact the attorney who represents the judgment creditor and try to reach a stipulation for repayment, even if it's somewhat discounted. Usually, the judgment creditor would rather have some money than none at all.
My nieghbor has a cherry blossom tree. Every year the cherry blossoms fall off in my yard. I have to have my vehicles detailed every year because the cherry blossoms will destroy the paint on my vehicles. Is my neighbor responsible for the damage to my vehicles caused by the tree in his yard?
Great question. The short answer is, "it depends." It depends on whether that tree was there when you purchased your home, or was it planted afterward? You see, if you purchased the home, knowing the tree was there, you are not in a position to claim that you had no idea it was there, or that you had no reason to know that a cherry tree would drop its blossoms on your car.
On the other hand, if your neighbor installed it after you were already there, you may have a case. Before I go further, let me point something out. Cases like these typically take thousands, if not tens of thousands of dollars to resolve. They lead to a very bitter relations with your neighbor who loves to play George Washington once a year, and even if you win, it may not be worth it. Consider who many years of annual details on your car you can get, without all the trouble such a case brings, not to mention the possibility that you may lose in court.
With that said, if you are still gung ho on pursuing your rights, and if it can be fairly said that you had no reason to know about the tree or its effects on your property when you purchased your property, then yes, I think you can pursue the matter.
Before you decide one way or another, if I may, I suggest sitting down with an attorney, and having the answers to the above questions ready for the attorney. Paying for a one hour consultation, even if you do nothing further, may be worth it, to know exactly where you stand.
In this forum, with what you have provided, the best I can tell you is that theoretically, yes, you have a case for various causes of action to either get damages or perhaps have the tree removed, but it all depends on the exact facts of your situation, and what you knew and when you knew it.
Accident w/ possibly unlicensed driver.
I was struck from behind while sitting at a red light. The other driver asked that the police not be called, and I informed her that I would be calling the police to the scene. She willing gave me information, the SUV was in her husbands name. I got the VIN, insurance company and policy number, tag number, name and phone number. When I asked to see her license however, she claimed she did not have it and left the scene of the accident before police arrived. What can I do to protect myself after a week of no communication from her husbands insurance company?
Give 'em a month to respond, then consider filing suit
against this errant driver in small claims court (assuming that
you have her verified address and that your provable damages do not
exceed $5K).
Is it legal to add a sales tax to gasoline after it is already taxed?
Illinois does this.
What makes taxation legal? Congressional statutes with respect to the Federal government, and Illinois General Assembly legislation with respect to Illinois tax. Barring a constitutional defect of some sort in the statute, if Congress or the General Assembly says it's legal, it is. The beauty of the taxation system is that taxes are stacked by as many instrumentalities of government as can persuade the populace that they need a piece of the transaction. Thus, county and municipal taxes can be added (subject to enabling legislation and constitutionality).
I would like to ask a question to understand attempt better in criminal law;
If someone went to rob a bank, got there and because there were lets say cameras, changed there mind and left would that be considered attempt? If it is considered attempt how would anyone even know that person even attempted to rob the bank? Doesn't make any sense. Thank you.
That scenario would not be attempted robbery.
A person must take a direct, but ineffective step towards the commission of the offense. Was there a ton of preparation? Yes. Planning? Yes.
But ultimately, they abandoned the crime before directly trying to commit bank robbery.
If they went in and passed a note to the teller, then a guard apprehended them, it's an attempt since they did actually begin the robbery but we're unsuccessful.
Another example - guy wants to burglarize a house, but as he approaches the front door, he hears a noise and he runs. No attempt. Same guy yanks on the door trying to force it open, but he can't. That is an attempt.
My daughters "landlord" is trying to evict her by lying and saying she didn't pay her rent. What should we do?
It depends on the stage of eviction. It might be worthwhile for your daughter to ask for an accounting of the rent supposedly due. If the landlord already has filed a lawsuit, your daughter should file an answer within 5 days of being served that includes both a general denial and an affirmative defense that the rent has been paid. Then, when trial time comes, she could show the court copies of all of her negotiated rent checks that she obtains from her bank. If her rental agreement provides for it, she might even be awarded her attorney's fees. Many communities have tenant legal clinics. You might suggest to your daughter to seek out some legal assistance.
I'm buying a mobile home in Mt. Vernon, Iowa, with an attached deck in the back. My question is, Does the deck belong to me or does it belong to the trailer park?
Probably you, if it's attached to the trailer.
What needs to be submitted to the court if you have a court order to pay back alimony and can't pay by the required day?
A motion requesting an extension of time.
Agree. Motion for extension of time.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
[email protected]/* */
www.careyandleisure.com
do both spouses offer a stipulation of judgement?
yes
Answer byBill CPAVery knowledgeable in accounting and have been a CPA since 1985. I think you mean accounting equity?I worked on a film last year. I am writing a book on some of the technical aspects of our post production. it is OK for me to use the name of the film and/or studio in the book?
In general, of course. If however you were working under some written agreement that prohibits this kind of disclosure then you might be exposing yourself. Further, anytime you write about real events and real people you need to make sure you are not taking liberties with the facts. If for example you painted someone in a false light they may have a claim for defamation against you, so be sure to only present truthful facts.
Further, you need to make sure you are not misrepresenting that you have the sponsorship, endorsement or are otherwise affiliated presently with the film or studio.
It will probably be helpful to discuss this over with a lawyer in private before you dive in. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
My question is still unanswered.. OBVIOUSLY it is a family law thing, but I wanted to know what specific steps or forms I need to get started, or what this kind of situation is this referred to as?
How do I open a case about my son's mother's live-in boyfriend, who is very controlling over my 15 year old son, and is blocking me from normal relations between me and my son when my son is at his mother's house, (which is a little over half of the time he is with me.
He is not the legal stepfather (and even if he was, it is not right), he fills my son's head full of lies, always badmouths me, and has even verbally attacked me in front of my son 4 times in the past 2 years. There is much more to it, but those are the basics. One important note: I have always had JOINT legal custody, but my son's mother has physical/custodial. Where do I start? This man is not right, and gets between me and son's relationship, and mom just lets it happen
This is not a situation you are going to find a solution to on the internet, and your chances of handling it yourself at all and having a positive outcome are close to zero. You really need to contact a local family law attorney for a situation as serious as this. Most Family Law attorneys will offer consultation on what is called a "limited scope representation" basis to help you through this, if you can't afford to hire an attorney to fully handle the matter for you.
ATT's yellow pages printed an 800 number we no longer had at the time we agreed to advertise. We told them to delete it from our 2014's ad. They didn't. People who phoned that number might have believed we were out of business. ATT also listed us online as having a web site which we do not and the 800 phone number--again appearing we are out of business. We obviously dispute the bill and believe it cost us business. We offered to pay half but they will not send any paperwork saying they would accept the amount as final nor have they said they would accept it. They are sending the whole $2400-ish bill to collections. Will ATT be able to put the amount against our personal credit (we are a sole proprietorship) or will they have to take us to court before doing that?
The overdue bill might show up on your credit report. You should contest it. Your next offer should be to not pay the bill, and have Yellow pages put a correction and apology on their web site.
Good luck
The overdue bill might show up on your credit report. You should contest it. Your next offer should be to not pay the bill, and have Yellow pages put a correction and apology on their web site. They may actually owe you money for damages. You should explore that with a civil practice attorney in your area.
Good luck
If you given the right to by a peice of property from family and you pay it off in clear but no bill of sale takes place and 20 or so years pass by and you find out no one owns or claims the property you purchase what are your rights
You can't buy or sell property without a written document. All sales of property must be in writing. In fact, anything relating to the sale of property (like an option to purchase, offer, etc.) must be in writing to be valid. Oral agreements relating to the sale of land in Louisiana are completely invalid.
That being said, if you have been living on the property for 20 years, you are 2/3 of the way to full ownership by right of acquisitive prescription. If you possess land for 30 years (even if you are squatting on it), you own it.
The mother of my kid has been living in my house together for 5 years. We are parting ways but i want assurance that she will not come back. She said ok but is there any legal documentation that i can get to ensure that?
Huh? She has no ownership interest in the house? You do own the house? Change the locks. She is not entitled to possession or entry unless the owner allows it.
husband currently on ice hold, no criminal record.
He has 3 kids, us citizens all studying. He was on his way back to work and was detained. What can he do?
Please call me at (212) 968-8600 or toll free at (800) 750-1828. Kind regards, RDM
A drunk driver hit my car while my neighbor and I were waiting on a tow truck for my neighbors car. I broke my arm in 4 places and dislocated my shoulder. My neighbor lost his leg below the knee. The driver had a 1.5million umbrella policy. My neighbor's lawyer sent a demand notice for the entire 1.5 million. My lawyer told my that that would cut me out completely. I know that his injuries are much more severe than mine, but I was out of work for 2 months and have medical bills over $50,000. Can my neighbor do this and can they settle without considerring my position? Also, I wouldn't have been there if my neighbor hadn't called me for help.
If you have an attorney then you should direct this question to him or her. The insurance will pay out whatever claims it pays and it is very likely for an amputation below the knee that the entire umbrella policy will be exhausted. Your attorney may have to look elsewhere, like your UM/UIM coverage, for payment of your claims.
