I would like to adopt someone over the age of 18, who has to give consent?
Adoption is the same legal process whether the individual is a child or an adult. The court issues a new birth certificate for the adopted individual and any existing legal relationships with biological or custodial parents are severed. The adopted adult can change his or her last name, also called a surname change, and all adoption records will be sealed.
I want to move out of state with my child. I've been told to leave before any custody orders are in place but I don't want to get into any trouble if I do that. This is the situation. Dated my ex boyfriend for 5 years but never lived together. I was emotional abused most of that time we were together and I have recently sought out counseling to deal with the emotional scars it has left me with. He is the father of my child and listed on the birth certificate. He visits the child but only at the request of others. He has never asked to visit the child. He continues to harrass me via text and soical media. I have requested numerous times that contact be made through a third person for any arrangements and questions he may have about my child. All contact he makes doesn't pertain to my child but is about our past relationship and I have tried to make very clear I will not be returning to him. I appreciate any comments regarding what I should do. I want to do this the right way and be able to leave the state free and clear with my child.
If you leave the state without notifying him and getting his agreement you risk a charge of custodial interference (felony fourth), assuming he can show that he has a right to custody.
I suggest that you save yourself and the child a lot of potential trouble in the future by initiating a paternity action. The court will determine who the father is, make a decision on custody, and probably order child support. See a lawyer for this. The downside is that if he gets partial custody then you have to negotiate with him leaving the state or get a court order allowing you to leave. But this is the way to get "free and clear," in my view.
You would take a big risk if you leave the state and then file a paternity/custody action in the next state after six months residency there, but you would be risking the charge I mentioned above.
If he is harassing you, you can get a restraining order, just go down to the courthouse in your county and ask the clerk.. The use of electronic media to harass could fall under the New Mexico criminal code, Article 30-3A-2, Harassment, a misdemeanor, you could go to the police and complain. There is not yet a cyber harassment statute in New Mexico but I see no reason you couldn't get charges under the cited statute. There is also federal law that makes it illegal to use a telecommunications device for harassment. Another suggestion is to complain to the social media involved about the harassment and ask them to block him. Save all the harassing messages for evidence, and take them with you when you ask for the restraining order. And be sure to tell him in no uncertain terms to stop sending you these messages or you will take legal action.
I just need to know if a nine year old can claim her fathers personal belongings following a motorcycle accident that has left him in coma
The belongings are still in the ownership of the comatose person. The best that can happen is a guardianship is filed and the guardian can claim all assets.
please explain to me what a resentencing review means
A resentencing occurs when the original sentence by the judge is for some reason thrown out or deemed improper
What should i do about my child support being returned un deliverd/ picked up from the adress I was given to send it to. I suspect my kids mom has moved out of state & not left a forwarding adress.
Look at the child support/visitation order. Does the order require 30 days notification before any move? Does the order give you visitation? If any of the answers is yes, file a petition for contempt and modification of visitation/custody. Have the sheriff serve her at the last know address. If all attempts to serve her are unsuccessful, the court may give you permission to serve her by publication. Nevertheless, you might want to hire a private investigator to track her down.
SEVERAL OFFICES IN THE ATLANTA METRO AREA
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You may need a lawyer to seek modification or contempt.
In the meantime, send each envelope in a way you can prove mailing and the delivery attempt, and retain any money that is sent back, as you will owe it later.
I was wrongfully terminated in retaliation for threatening to, and subsequently following through with filing complaints against the company. I was the Director of Operations and the Drug Counseling Supervisor. To operate a livery company in the State of California the company must have a license issued by the Public Utilities Commission (PUC). One of the requirements for the PUC license is that the company maintain on site an individual who has taken the approved test as a drug supervisor. I took the test and was issued the certificate. When I was terminated, the owner photo shopped the certificate and put his name on it, but the independent testing company's records show that I was the only one who ever logged in and took the test. Labor Law states that for retaliation an employee shall be reinstated in the position they were terminated from and paid all back wages from the time of termination up to the present. My salary was $2,500 per week; I was terminated on May 7, 2014 and the company continued to operate under my drug Supervisor certification up until the present and continues now. My question is two-pronged: First, since they are still operating under my certification even though they fired me, do I have a valid claim to my salary of $2,500 per week since May 7, 2014 aside from the fact that Labor Law provides for reinstatement and backpay of wages from the date of wrongful termination? And second, when I filed my Labor claim for non-payment of wages, they changed the name of the company in August of 2014, but they are still operating under the original PUC License that was issued to the company's original name which I helped to build. So is the employment agreement I have that is signed by the owner which states I am to be paid 10% of monthly Net company profits "In Perpetuity" whether I continue to work for the company or not, valid and enforceable even though they changed the name of the company in an attempt to not pay me? The company is bringing in approximately $300,000 every month currently, and is growing. I know it may be a little convoluted, but would this be a cause of action in a Breach of Contract or other type of lawsuit in court? Thank you for any input you might provide.
Dismissal for retaliation of certain acts can indeed constitute a wrongful termination of employment, with a variety of remedies. It is unclear, however, why any employee would ever want re-instatement, given the unpleasant working environment that would undoubtedly exist,
Without reviewing your contract and the other facts surrounding the change of company name, it is not possible to advise you on your wage claim. Given the complexity of the situation, this may be one of the rare wage claims that is better pursued in the courts than before the labor commissioner. It seems clear to me that the discovery issues needed to pursue the claim will require the services of skilled counsel.
It appears that you have sufficient facts in your favor that a consultation with an attorney about bringing a lawsuit is in order. You should start looking for an attorney now, before the procedural aspects of your case become even more complicated.
does a wife have to testify against her husband in a domestic abuse trial when she is the victum in the state of louisiana
She doesn't have to, but she could be charged with filing a false report..
My divorce is finalized and I have custody of my daughter. Can I keep paying guest to help little bit with the mortgage? Will it affect child custody moving forward?
I assume that you had an attorney representing you in the your divorce. I recommend that you ask your attorney.
If the divorce is finalized, then it should not probably be a problem. I assume that your ex knew abou this "guest" during the divorce. If your "ex" did not, it could be a potential problem.
If the "guest" is a registered sex offender, it's a HUGE problem. If the "guest" brings drugs into your home, it's a problem. If the "guest" "touches" or does anything inappropriate with your child, then you will lose custody. I assume the "guest" is of the oppose sex.
Just remember, that your child is telling your ex everything (innocently) that goes on at your house when your child visits the ex. Children say the darnest things -- and those things can come back to "haunt" you. So I hope it's worth the "little bit of money" to pay the mortgage - please consider this when you pay your mortgage. Custody battles can be quite expensive.
Based on the limited information you provided, that's the best I can do.
Am a little concerned about the phrasing of your question - being 'paying guest'. I don't know what that means. If there is a material change in circumstance, the other party can petition for a modification - so if you consider making major changes in the child's home, consider it carefully, and be certain that the change will not affect what is in the child's best interest.
How much jail time would a 13 year old boy do for possession with intent to sell marijuana if I have no prior convictions
Depending upon the quantity of drugs, if convicted, the child will likely not do any jail time. He might spend a year or two in a juvenile detention center. Given that he was selling drugs at thirteen, a juvenile facility may he better for him, in the long run, then his previous living situation.
Good luck
My wife and myself are getting ready to file a joint simplified divorce in Illinois. We qualify under all the guidelines Except part of the income rule. The rule states that neither party can have a gross income over $20,000 and a combined income of over $35,000....I am disabled and receive Social Security with a gross of $22,000, my wife has a gross income close to $7000. That is below the upper threshold. We both want this over as quick as we can, so we can go on, a regular divorce would take forever and cost a lot more--- I asked the county clerk off the record if she thought that the $$$ issue would be a problem and she said "shes never seen a divorce get denied because you made too much money" and it prob won't be a issue... Do you think are we "screwed" because of that little technicality or it would be ok?
The Joint-Simplified only saves you money as it relates to the filing fee. Everything else is the same. If you don't qualify, just file for divorce as you would normally do. Worse case scenario, you pay an extra $100 or so.
My father passed on in December 2000, all of his estate went to my step-mother whom I do not get along with, my question to you is do I have any rights at all to his estate. I have not asked but I was curious if I had any short of claim or will it go all to my step-sister. As far as I can tell he had no will.
First, if your father and step-mother held things jointly (joint bank account, home ownership title, vehicle title, ...), then your step-mother succeeded to those things upon your father passing. Next, if there were items in which a beneficiary was named (such as life insurance or a retirement account), then the beneficiary would have received the funds. Next, if there was anything that was part of his estate and he did have a will, then his estate would pass according to the will. To confirm your understanding that there was not a will, you can check if one was filed with the circuit court clerk for the county in which he resided when he passed. It should have been filed there, although there is no guarantee since many people do not know there is a requirement to file the will regardless of probate. You can also inquire whether a probate case was opened, although you should have received notice if one was opened. Finally, if there was not a will, then anything that was part of his estate (not held jointly, not paid to a beneficiary), should have passed half to your step-mother, half to the children (or descendants of any deceased child). The issue that I see now, if you would have been entitled to anything, is the difficulties likely to arise due to the passage of time.
Further, there is the issue of time. Generally, claims against a decedent's estate should be brought within two years of death. Doesn't this situation point out the advantage of writing a will? Writing a will makes the decedent's wishes clear to all the potential heirs and claimants. If there were a will, there would have been no duty to leave anything to a child. The law protects disinherited spouses but not children.
My boyfriends ex wife divorced him almost 7 years ago to marry someone else. They own the property he lives in and runs his business from currently.She keeps threatening to take him back to court to force him to sell the house to give her, her claimed amount from the sale. When in court prior he was vindicated somewhat when the agreement they had in writing stated she will get her fair share when he "was able" to sell the house. This is his only place of residence, he is now 62 years old and is not in good health. She calls every day with threats to take him to court again. Her marriage she left him for did not work out and she's desperate. She is now saying she has spoken to an attorney and she can move herself back in! I live here with him now for 2 years. How can she move in here with us? I don't think this is possible. What are our rights? Please help. Thank You
If she is a joint owner of the house she had rights, including moving to the house. Your boyfriend should either buy her out or sell the property and give her what she's entitled to.
I was leaving a large retail store police pulled up as u was getting into a vehicle, which isn't owned by me, they said I stole something and searched the vehicle, they found nothing stolen but they found a meth pipe and .50 of meth.. They haven't charged me but did hold me for 36 hrs. Can they charge me with possession ? I am in probation for drug possession 2 years ago.
I urge you to confer privately at this time with an experienced attorney: She will study the police evidence on your behalf. The police search may or may not have been valid under law. I presume your hope is to improve your position and get these issues to be nothing but small 'blips' from your past. All the best to you.
Tricia Dwyer Esq & Assoc PLLC
Tricia Dwyer Esq at 612-296-9666 365 days until 6 pm daily
Minnesota Criminal Defense Attorneys
Minnesota Drug Law Attorneys
Minnesota Search Warrant - Police Conduct Attorneys
http://DWYERLAWFIRM.net
Yes, you should expect to receive a complaint by mail formally charging you with the felony drug possession crime. Hire a lawyer right away to get in front of this thing. A challenge may be raised to the search of the car. Your probation status makes the situation all the more urgent. Feel free to give me a call or an email. Good luck.
651-994-6744
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Can a custodial parent move out of NJ with the child?
You have to file a motion with the court unless the other party consents. Call me at 1-855-9JEFLAW to discuss.
My son is married but separated, his wife got pregnate by another man. And now she/dhs are trying to get child support from my son in oklahoma, is that possible?
Your son should have filed a denial of paternity when the child was born. Generally speaking when a child is born to married parties the law assumes that the husband and wife produced the child. Your son needs to bevery proactive to get this starightened out. Good Luck.
I have lived in a mobile home park for 18 years. It has had several owners since then. There have been many managers since the last people that bought it. We have a 9 year old dog that obviously has some Rottweiler in her. We had her before the previous owners. We were told at one point we would have to get a million dollar insurance on her and we did. Now we have new managers and we were given 3 days to get rid of her or we will be served eviction papers to be out in 30 day. Do we have any rights? We are not under a lease it would be time to sign a new one. It just doesn't seem right...
Based upon the few facts you provided, it appears that you do not have to leave in three days. But, you will likely need to get rid of the dog, or move soon.. Your new owner does not have to enter into a new lease with you, if they don't want to.
Good luck
In the case of a earthquake in a rental. Is the landloard responsible for housing for the tennt while the building is repared?
No.
If someone pays for a "massage" and actually gets a massage but the masseuse and customer proceed to have sex after the massage, is this illegal? People have the right to have sex with whomever they choose. Suppose a man got an actual legit massage, and wanted to befriend the masseuse and have sex with her after his massage. He has every legal right to do so. Bottom line, what can authorities (cops) do here? Unless the masseuse is taking money explicitly for SEX, I don't see how they have any grounds to make arrests. Thanks in advanced.
The prosecutor will have to set forth the elements of the crime and the defendant can contest this evidence. The "someone" and the masseuse may have a hard time convincing a jury of your point of view especially if the masseuse makes a practice of having sex with his/her clients.If it were as simple as set forth in your question a prostitute would go to 7-11 buy a whole bunch of gum, approach a john, ask if he would to buy a pack for $50, and then say would like to have sex it has noting to do with the gum.
What you describe happens very rarely, if ever. It's much, much more common for the massage to be a pretext, so that a trade of money for sex will look like something innocent. Police, prosecutors, judges, and juries are rarely fooled by this approach. What matters is what actually happened, not what it was designed to look like.
Hello thank you for your time. I was fired from my job in Pa for my juvenile record from 2004 after 9 months of employment . Iwas honest and told it was ok. Is that legal and when did it become law
I think you need to hire an employment lawyer to review your matter.
Michael Kotik www.LEGALPHILLY.com 267-265-4553.
I am the executor of my mother estate, I have sold her home and settled all out standing bills I would like to close the estate account . I have 2 siblings who wasn't satisfied with the sale price and refuse to sign the papers to finalize the estate.
Hello and sorry to hear about that. You need to file a motion for final settlement. I suggest you hire an attorney. If you decide to do it yourself then I recommend visiting your nearest law library as it will contain the resources you need.
You may find the following resource helpful:
http://www2.ca.uky.edu/agc/pubs/fcs5/fcs5436/fcs5436.pdf
Let me know if I can help and good luck!
I got political asylum in 2003. Just now applied for green card and have interview in 3 weeks. i got a reckless driving in 2009 (not in record anymore), a 1st DUI in 2011 and a 2nd DUI just now (2015) that got suspending imposition of sentence. No agravating factors, just a headlight was off. will this affect my green card application? Can they deny it, or even worse, deport me? Thank you in advance.
Hello please call me at 2129688600. Thanks, RDM
hi, cards services that severed me with papers notice of rights to have exemptonsdesigned g.s.1.1603 and i dont understand what i am to do . thanks
That means that a judgment has already been entered against you. Do you know when that was? If within the past year and if you have defenses, you may be able to open the judgment if you have a good reason for not taking action sooner. If this is your debt and you did nothing because you did not know what to do, then it is not likely that the judgment will be opened.
When did you receive the exemptions? You have 20 days to file them with the court and serve a copy on the judgment creditor (person who sued you).
These papers are VERY important. Do not ignore them. If you fail to fill them out, you will waive any exemptions that you may have. This means that you will lose them and if you own anything free and clear (like a car or piece of land) the sheriff can seize and sell it.
I don't know what you own, but most creditors want money, not your things. They can freeze your bank account unless you specifically exempt funds that are in there on the form. I also don't know if you work or if you get exempt funds (Social Security, VA benefits, unemployment benefits). If so, its important to designate these either on the form or in a letter.
I can assist you in filling these out for a reasonable fee. Please contact me at [email protected]/* */ if interested.
My sister coerced my Mom into signing her half of the duplex into joint tenancy with her. Mom always said she wanted her part of the duplex to be divided evenly between all her children. Now that she has passed away, is there anything we can do? We reside in California.
Consult with an attorney to review all the facts and any relevant papers.
It is not easy to prove coercion but if you have credible evidence, go for it.
Ex owns his own business and he only been paying every other month in child support. The state office of recovery services had his wages garnished since Dec 2014 but he only complied once in February of this year and hasn't complied since so we haven't received any support since February. I think he may have over extended his living by his big house and nice cars and his wife's recent boob job so I think he just can't afford his payments for my kids. What can I do?
You can file a motion for order to show cause where you will ask the court to hold him in contempt of court which can result in his being incarcerated and ordered to pay a fine and your attorney's fees. The court would also award you a judgment for all past due child support, plus interest which would allow you to execute, or go after his assets, including his cars and his house.
My husband was convicted of burglary in 2005 when he was 17 and has not done anything since. is there any options for him because he keeps getting turned down from jobs and we are currently stuggling?
He can file a petition for clemency with the governor.
My ex-husband was ordered to pay 600 (300 per child) in august of each year to help with getting school cloths and supplies. He was also ordered to pay 1/2 the cost of all medical bills, prescription cost, dental bills, extra curricular cost, etc. We divorced in 2011 and he has paid his child support but never paid for the other things listed. Can I sue him now for what he never paid?
You can bring a contempt action for what is documented that is owed. You would need itemized receipts. I strongly suggest you retain an attorney to assist you for you might also recover attorney fees as well
I want to have a legal for to send to my sister for her to prove she has all control & assets in her name, including copy of last will & testament, regarding our deceased Aunt's property, accounts, real estate holdings and personal furniture etc left behind. which form(s) will accomplish this? How do I deliver? Also how do I get her to prove in court or other legal manner? Please explain or provide secret access code to view results, Thank you
Are you an heir to your Aunt's Estate? Are you a remainder beneficiary under a Trust?
Is there a Probate pending? There just isn't enough information in your post to give you any advice. You should meet with an attorney in person so they can review documents with you face to face. Many county Bar Associations offer referrals to attorneys with low cost initial consultations.
My girlfriend is pregnant approximately 6 weeks. She refuses to go to the doctor and is dieting and coloring and bleaching her hair. I bought her OTC prenatal vitamins but I am not certain that she is taking them because she doesn't want her mom to know she's pregnant. Do I have any rights to protect my unborn baby because she obviously don't care?
I would need more facts from you, but, hypothetically, based only on what you wrote, ie. bleaching her hair and not taking pre-natal vitamins, is not negligence and it appears at this point that you would have no control over her or the fetus.
However, IF her actions were negligent or harmful to herself or the fetus, such as if she were using drugs or starving herself or hitting herself in order to abort the fetus (child), CPS can be called and they can seek an action for guardianship over your girl-friend (and of course, the fetus (unborn child), or if this occurs you can hire a private attorney and seek guardianship over your girl-friend, but this is a difficult process and you will need to retain an experienced guardianship attorney who has experience in child custody in order to assist you. If a custody order over your girl-friend is entered, it will require that she be placed in some type of medical facility/center or rehab facility/center during her pregnancy. The experienced guardianship and child custody attorney should be able to assist you in locating one of these facilities.
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Next, generally, most states provide that until the fetus (the unborn child) is born, it is not a "person" or a "human being," as to rights. However, there are criminal statutes that protect a fetus' rights. Those options will need to be researched by a qualified family law attorney, and, this is again, only IF your girl-friend is negligent or harming herself and/or the fetus (unborn child). And, IF actions your girl-friend did to the fetus during her pregnancy seriously affected the child and this is detected when the child is born, more-than-likely CPS will be called by the hospital and the child will be removed from her custody by CPS, before she leaves the hospital.
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Next, and important, abortion is normally allowed up until the third tri-mester of pregnancy. Therefore, your girl-friend can seek an abortion up until then, and there would be little that you could do to stop her in this process, unless again, you sought court action based on negligent and harmful behavior and obtained an order from the court to otherwise take custody of both of them.
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Next, when the baby is born, and if she harmed the baby through negligent pre-natal actions that were not detected at birth, you could possibly use this information against her to try to obtain primary or sole custody rights over the child through the assistance of an experienced child custody attorney. You would need to show that prior to the babies' birth you tried to prevent her actions and that she still continued to act in a negligent manner, and that her actions thus caused the baby to have issues. The attorney would need to work with medical specialists and then prepare and file a suit affecting the parent child relationship, including a paternity suit, to move for custody.
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Further, you are going to need to retain a qualified child custody attorney anyway, to prepare and file a suit affecting parent child relationship with a paternity determination, when the child is born since you both are not married and in order for you to establish that you are the true biological father of the child. This will allow you to seek available custody and decision making rights relating to the child and be named the father - because until an order is entered, you are not legally the child's father, even if you are listed on the child's birth certificate.
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Hopefully none of this will have to take place and your girl-friend will grow into the pregnancy, take care of herself and the fetus, and be a good mother and love the child after it is born.
I would suggest that you try speaking to her mother, either on your own, or together with your girl-friend to show her that you are supportive and not judgmental. If her mother is involved you may get more support.
And, I would also suggest that you consider going to counseling with your girl-friend, as she may need to speak to a professional about this situation and see that you are supportive of her condition and not trying to be judgmental or opinionated (I'm not saying that you are but sometimes people come across that way, and they don't see it).
Keep in mind that pregnancy is a BIG change for almost all women, even those who want and care for the their unborn child from the very beginning.
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Goldstein & Scopellite, PC has qualified child custody attorneys, family law lawyers and paternity attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.
I need to chat with a lawyer. I feel my 8 year old granddaughter's life is at stake.
Call me at 1-855-9-JEFLAW to discuss
My sons mother has never had custody of her other 2 kids and she is now back in jail on a probation violation for failing a drug screen & not complying with other things that was required of her such as attending AANA meetings. Her parents & I are on good terms and are wanting to know if we can take custody of my son away from her? She even continuously spent his child support money on drugs & other things for herself
Unless there is a reason you are not stating, you should be able to ask for custody of your son regardless of her parents. Always good to have the help of the in-laws but you are the parent and absent some issue with you, you should be able to petition the court for custody.
My wife and I sepperated while I was visiting my daughter for her birthday. My wife told me I couldn't go back home. I have been stay at home dad for 7-8 years. I have no income vehicle or anything here. She refuses to send me any of my belongings. Turned my phone off. And won't speak to me.. my concerns are about my firearms vehicle clothes and legal paperwork. She won't give me my medical record #. Last time we separated she sold guns that are still in my name. I fear she will or already has been selling my belongings. What can I do? Please help.. I'm in Texas she's in California
You are being denied certain rights that come to you as a part of a marital arrangement. A divorce attorney can settle this quite quickly for you. If California law applies, under community property you are entitled to HALF of any property earned by either spouse during marriage, including income. She owes you spousal support. Consider filing for divorce in the California Court system since it sounds like that is where you both lived before separating. I can only speak for California law.
If your wife is selling your personal belongings, you may be entitled to reimbursement on the fair market value for those items. Please meet with an experienced family law attorney to explore your legal options.
My friend purchased a television within her relationship with someone. The relationship is a boyfriend/girlfriend relationship. She left the television at his place of residence under the pretense that it was for them to share during the relationship, being that most of her time was spent there. Now three months after purchase and a only a month after the ending of the relationship, she has requested it back. He refuses to give it back and suggested she take legal action. In New York State what is the protocol for this? Does she have a case?
It is a gift and it can not be rescinded. She may want to go to small claims court to obtain a judgment against the ex-boyfriend based on conversion of property. The judge will decide the parties' credibility and whether she is entitled to the TV as a loaner as opposed to a gift.
Hello, I rent a unit in a multi-unit bldg in south beach. a fire occurred in the owners apt on the 3rd floor. our apt was not damaged. i do not have renters insurance. the landlord told me and my girlfriend separately that she would cover our hotel costs. she also sent me a text to send her receipts. now she is wavering. do i have a case to sue? my girlfriends mother came into town for the holidays, which is adding to the distress since she told me she would cover it.
Your lease agreement controls the obligations. What does it say about uninhabitable building? You need to have it reviewed by an attorney asap. The hotel offer may be gratuitous and not supported by the lease.
child visitation by distant family member
Rarely awarded
My father passed away about a year and a half ago. My mother is still living and they were married to each other until death do they part. They had 3 daughters, very close in age, of which I am the youngest. My father always said that when he passed away there wouldn't be much but everything would be divided equally between his 3 daughters. What we had to divide would be my parents house located at Mission Beach. A few years before my Dad passed my oldest sister moved both of my parents out of their house and up to Campo with her. She convinced my Mom to put it on the market, at a crazy time , because it was not a good time to sell a house,.knowing all along that this is against my father's wishes. In the meantime she had my father misdiagnosed with having Alzheimer's and eventually again convinced my Mom that a nursing home was the best place for him. I totally disagreed but there was no changing of minds. Now, if my Dad had passed away in a few weeks after being admitted I would have agreed. But, he didn't, and lived,excuse me, barely existed there for about 2 years. Anyways, my Dad had written his will dividing the house equally amongst his daughters and for some reason my oldest sister rewrote the will and trust, having my Dad sign it on his death bed. Well, then she got busy selling the house to my neice and her husband who at this point in time had been renting it from my Mom, which in turn paid the monthly mortgage on the house, approximately 2400.00. The neice buying the house is the daughter of the middle sister.The oldest sister tells my Mom to sign over the house to middle sister, who now becomes the seller of the house to her daughter. (Something to do with a skip generation).. Now, when I asked my oldest sister, the orchastrator of all this, "What did the house sell for ?" Her reply she didn't quite know, but, she continued, Mom and Dad owed way more on it than the 450,000. because Dad gambled it away. Not only is she being very untruthful here but she's lying about our Dad, who was the best father in the world to all of us. On the middle daughters federalgift tax returns of 2014, the house was sold for 815,000 (lower than fair market value, I believe), the first mortgage owed was 460,000, and the equity amount off 268,750.00. was split 5050 gifted to my neice and her husband who bought the house. And, on paper its stated 134,375 to each were gifted equity for tax purposes. Wow what's going on ???
I'm going to make the assumption that your parents' trust or will left everything to one another and then to the three children on the second death, as that's the way 99.8% of people do it. If this is the case, then your sister has apparently manipulated the situation to her benefit (or her niece's benefit). So, you may want to talk to an attorney about elder financial abuse.
The property transfer to the daughter, and then to the granddaughter, was done for the purpose of avoiding a Property Tax reassessment of the property. It's not uncommon to do this.
My father passed away a month ago and my oldest sister is the executer over his will per his request.His wife passed away 10 yrs ago and her daughter chose not to have any contact with my dad after that but when he passed she took his truck without permission police dont want to get involve.What steps do we need to take to get his property back
If you have the VIN number on the truck, go ahead and put it in the estate and have the Court grant you and/or your sibling (whomever is getting the truck from the estate) possession of the truck. Then, the police will deal with you, as you will be the owner.
Hello,
I fell behind in mortgage payments to Wells Fargo my servicer. They wanted $8100.00 to reinstate my loan. My attorney sent funds to Wells Fargo and they returned the $8100.00 stating it wasn't enough to reinstate the loan. There after, they sent me another reinstatement letter they wanted additional $3600.00 over top of the 8100.00.($11,200). My attorney acting as trustee now holding $30,000.00. I have been paying my attorney on time for the last 19 months. Wells keeps stalling..... They want my house I have over $100,000.00 in eqiity. I want to keep my home. Can someone please help.
Thanks,
Ed
[email protected]/* */
Why aren't you talking to your lawyer about this? Your lawyer's holding money on your behalf without doing more is not advancing your case. What else is your lawyer doing - negotiating on your behalf? filing papers with the court to force Wells to modify your mortgage and stop the foreclosure procedure, if one if advancing? Talk to your lawyer.
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.
Can I sue my ex wife for money I loaned her while we were married.
At the time I was a student and took out a stud. loan and let her barrow money, there was a verbal agreement she even hand wrote a letter stating that she would pay me back with interest We both signed the paper the problem is she held onto that document we have been officially divorced since Feb of last year and given that we had agreed to it and the divorce ended amicably, we did not bring that up during the divorce as we didn't want to complicate things she agreed to pay last time we talked. recently, I started paying back my stud. loan some of which I let her barrow for her own education she turned around and is claiming that she will not pay because she feels that since she spent money on me, as I did to, it balances out My concern is given that i don't have that document and Given that the loan was not brought up during the divorce can i still take her to court, and what are my chance of proving this. I have contacted her sent and her an e-mailed with an excel sheet showing her in detail the interest rate, interest accumulated/capitalized and what i have payed thus far for her part of the loan.
This may seem a little sarcastic but it seems the divorce was not amicable. You didn't not include the loan because you did not want to complicate things? What is it now? ... Of course you can sue, the question is whether or not you will win...suing over student loans become problematic because it should have been included in the divorce...you have separate property vs community property issues, what was paid for, who benefitted, when it was incurred,... You did not just lend her money it may have been community property and community debt...or it could be separate property and a gift, or a loan...it becomes messier because you probably have deducted student loan interest off your taxes... You will need an attorney and that will cost money. I don't know how much the amount is but you'd also need to weigh those costs... It may be just cheaper to drop it and pay the loan
What you've described is an omitted debt that should have been included in the division of property in your divorce process. Please meet with an experienced family law attorney on returning to court on a request for order to address this financial liability.
If a city files but backs out of a bankruptcy can a person collect on a law suit they have won
Bankruptcy by a city or county government are very rare. However, the dismissal of a bankruptcy means that the automatic stay is no longer in effect and you would be free to collect the judgment if the debt had not been discharged.
I work for the Government and have a Garnishment for child support taken out of my pay by the State of AZ every 2 weeks. the Divorce Decree stipulates I pay $744 child support and $200 spousal maintenance. My former spouses attorney filed all paper work to the State to begin payment to include a % of my military pension. i just noticed that the amount being garnished was $438 every 2 weeks and the total per month is $876 vice the $944 the court ordered. Who's error is this and how can fix the garnishment? I am will to make up the $68 per month back pay to my former spouse, but what do I need to document the payments and not have her take me back to court for none payment??
I would need to know more. It should be an easy fix. You can also make up the difference voluntarily, by paying the missing amounts directly through the Clearinghouse. DO NOT pay her directly.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Katie or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
I purchased an item from a legitimate pawnshop which was later found to be stolen. Law was followed by business but do I have to relinquish the item and just lose my money? This was in Texas
You may have to turn over the property but you should also be able to recover your money from the pawn shop for selling the stolen property. It was no more entitled to sell the property than you were entitled to buy it from it.
I just came back from a two week vacation the house I was renting with roommate was boarded up no trespassing signs posted and my roommates are in jail for Meth charges the lease is in the house with my personal property. The utilities are in my name I don't spend much time there maybe and that's A big maybe one day a week due to the attention my mother needs the police will not return my calls I don't know who the landlord is cause my best friend brought me the lease I signed it and she said she would tke very of the rest I need my things
Contact the police directly by going to their office. Beware that if you had stuff in the house or knew about what was going on, you may be subject to criminal charges. If that is the case, seek the assistance of a criminal attorney before trying to contact the police. You can find out the owner of the house by looking it up on the property assessor's records. you don't need the lease in the house unless it is a sublease and then the owner is still in charge anyway.
A will made by my Aunt was made in 2006 in the state of California. It was legally amended in2012. Can my sister contest it just because she was removed from the will and will not receive anything. She was of sound mind and was not tricked when she made the changes.
A person can be removed from a will at the pleasure of the person who makes it. No law says your sister is entitled to the same share as you. If your aunt was of sound mind, was not tricked, and properly executed the new will or amendment, your sister should not be able to challenge the will.
You should meet with an attorney who can review the documents and ask any necessary questions for a formal opinion. You should not treat this as legal advice, as it is simply a statement of general legal principles that seem to apply to your situation.
Anyone can file a will contest. I assume your question relates to whether she has any grounds for the contest and may be successful. If your stated facts are accurate, she would likely not be successful as no family member has a right to inherit. Seek counsel and make certain all your facts are correct.
Can an American 16 y.o., living abroad, change his name legally when visiting FL? The consulate abroad says he can without parent's consent. In the foreign country it's not possible, because he has to be 18.
You must be 18 or have parental consent in Florida to change your name.
What happens if I ignore summons papers? Will they resend the paperwork through mail? See below details.
Opened the door and the person dropped the paperwork front of my door. (I didn't sign anything) I picked it up, walked to his car and left the paperwork on his windshield. I wasn't the person being summons. He did take a photo of me leaving the paper work on his windshield. Problem is she does not have the paperwork. Wondering if they will resend it through mail. thanks!
If the summons is for someone else, service is by substitute service upon you. They are required to mail a copy to the other person, but she shouldn't count on it. She has 30 days from the date of service to file a responsive pleading. She can go to the local courthouse to get a copy of the lawsuit so that she might respond in a timely fashion.
A friend of mine went to dinner and had 1 & 1/2 beers. Then he went to a HS football game. He was not driving and was not drinking at the game. He had gone to the bathroom, and a local cop smelled the beer on his breath. He had him do a breathalyzer test and it read 0.06, which is below the legal limit. However, this cop handcuffed him and took him to the county jail, saying he was drunk. And that no one could get him out of jail for at least 7 hours. He was most definitely not drunk. . I'm just wondering how this is legal? Can this cop do this and it go on my friends record? Should he get a lawyer and fight it?
There is no legal limit for public intoxication. The law simply says no one can be in a public place when they are drunk or intoxicated, whatever that might mean. The cop did do it and, yes, if he pleads guilty, he will have a misdemeanor conviction for the rest of his life.
Of course, he should get an attorney. He who represents himself has a fool for a client. Additionally, depending on what all the facts and circumstances of the case are, he might have a lawsuit against the cop.
adpotion
Someone I know wants to give me her baby what do I need to do to make it legal
Re: adpotion
Contact an attorney to start the application/adoption process.
Re: adpotion
Hi:
You should really speak with an attorney to file the papers for a formal adoption. This can be a very complicated procedure for a lay person to handle never mind the emotions involved.
Good Luck
I'm away at college, I have a primary address in IL and temporary address in another state while enrolled in college. Can I allow my sister to sublet my home while I'm temporarily away? She will pay only the mortgage payment and there will be no money gained as income. Is that legal or do I need to do other things to meet legal requirements? The payments are very low and I will pay property taxes and insurance. What other factors do I need to consider with this situation? Thanks
If I understand your question correctly, you wish to rent out your primary residence to your sister, whereby she will be making the mortgages payments and you earn no additional income.
This is most likely a perfectly legal situation. However, if you have a homeowner's association, be sure to check the rules to verify you can rent out the property, as they often will have restrictions.
Also consider that the payments she makes on the mortgage will count as income to you, and will thus need to be reported to the IRS as taxable income.
Additionally, to be safe, despite it being your sister, you will want to draw up a lease to clearly outline your duties as landlord and her duties as tenant. Be sure to give her all disclosures necessary for renting out property in Illinois, and any your city/county may require.
Hi.my name is Tiffany and. about a week ago I was shopping in Wal-Mart and did self cashier and didn't realize more items were in a tupperware container and a few other items out in plain site. I was also sick at the time and needing to sit in my car until I felt a little better. I was distracted is where I was going with that. Zero tags removed, Absolutely nothing hidden in my purse etc. I was given a summons to go to court for May 11th. I do private nursing and am really freaked out... I CAN'T have that in my field. I just opened a letter from Wal-Mart's lawyer's asking me to pay 200.00 asap to avoid a civil lawsuit? No items were ruined. Is that considered a good thing they want me to do? I 15 months ago was arrested for a dui blew triple zeros. I did a urine test and had . thc in my system. My case was reduced to reckless driving, all probation is over but I'm so scared and sick over this!! Please help
Retail theft (shoplifting) cases are very often sent to a pre trial diversion program. You may or may not be eligible because of your prior RD case. If you chose to attend court alone (which I wouldn't recommend) you should approach the prosecutor in court prior to the start of the calendar call and ask nicely if diversion is available to you. I would not say much else, particularly anything about your RD prior. They may offer you diversion. If not, you have two other options....accept a plea of guilty or no contest to the charge or go to trial.
The letter you got from the lawyers for Walmart is permitted, but really is used as a scare tactic to get money from people. What do you think the likelihood is that you'll be sued for this? Pretty small, if you ask me.
Get a lawyer.
Agree with everything Attorney Blecher mentioned. I wanted to add that I can't encourage you NOT to pay, but I have yet to see Walmart actually sue anybody for this, especially when they got all their items back. Meanwhile, get an attorney.
If I have legal guardianship over my mother for person and estate, and medicaid is applied after her estate is eventually exhausted. Am I responsible for all fees needed to file the annual report for cook county court, or is there some type of escrow account started from her social security?
In Cook County, there is no filing fee associated with an Annual Report on Ward for a Disabled Person. In fact, you need not actually go to Court to file that. Simply mail that every year to the appropriate Judge.
When her assets are exhausted, the Court will close a part of the Estate, and no further annual Accounts will be necessary.
We purchased a automobile lift for our garage. We gave the company a check for $5,000 plus dollars with a written receipt stating that we would have delivery in 6 weeks. This purchase was made at an auction with a excellent reputation. The company is based in Missouri and unfortunately was just minutes away from the tornado destruction. We contacted the company and as we thought it would be a little longer do to the natural disaster. They of course said that it would just be a few weeks more. We did not hear from them and the next time I called I spoke with someone else and he told me that there was an unfortunate accident with the owner but he would call me that next Wed. because our lift should be ready. Now there is a message on the answering machine that the "owner in in a coma" and they are waiting for "power of attorney". I get it terrible things happen but we are out $5, 825.00 and are not getting any information except on an answering machine. I wrote to the company and gave them until Friday Aug. 5th to respond or we would take legal action. Unfortunately I don't know what legal action we would take. That is my question; What can we do?
Retain a Missouri attorney to investigate this claim.
i was accused of transaction card fraud and i admitted to it i went to jail and was bonded out will i got to jail for this crime this is my first time being accused of this crime i live in HALL COUNTY GA 30542
It's possible. It becomes more likely if you do something foolish like continue to play lawyer - this is not a game, a confession without counsel is an awful idea, and you need a lawyer now.
Glen is absolutely correct.
Hire local criminal attorney immediately
Good Luck
Ralph (770.985.6773 - answered 24 x 7)
I have a court order from when my daughter was born that each parent gets one week vacation. She is now 9 and has never been on vacation with her father. He wants to take her for a week and she does not want to go. She has never been away from me longer than one weekend every month. Does she have to by law go?
Yes she has to go. partial custody is a right not a duty, That said why all of a sudden he wants a whole week? You should consult a lawyer Going from 1 weekend a month to a whole week is a significant change.
John
My wife and I signed a lease for an apartment. After 8 months, she left the residence. I know I am responsible for the balance of the cost of the lease but can I sue her for half the rent for the months she walked out on?
I assume you are getting divorced? Your problems go well beyond the lease. Call me at 1-855-9-JEFLAW to discuss.
i am the legal guardian whose son was killed in a car accident. can his birth mother sue the driver even though she gave up her parental rights?
My condolences. But guardianship over a minor, by itself, does not terminate parental rights. You say you're the "guardian" of your "son," but those two don't usually go together. Just being appointed guardian doesn't make him your son. So the answer to your question is probably "yes."
I am being asked to move out of my home by my stepson, he is giving me a week. Don't I have 30 days to leave?
If is your house, you don't have to move out at all. If it his house and he is just letting you live there rent free, then you do not have an argument. If you have been paying monthly rent, than he has to give you thirty days.
I hurt my back 3.5 years ago I had two surgeries pending, done with those two and still they havn't done anything for my back. Can they close the case on me?
Was your case a worker's compensation case? If yes please call me at 213-388-7070 and I may be able to help you.
My friend and I are down on our luck. We started dumpster diving to eat and find anything of value. We went to a farm and went dumpster diving in about six trash dumpsters. We were looking for recyclable ferrous metals to recycle.
The farm had a camera because no one lived at the farm and they had large farm equipment stolen in the past. They got our tag number off the camera and reported it.
The police questioned me and I admitted to taking stuff from the dumpster. They now have charged me with all kinds of stuff from scheming to commit burglary fourth degree to theft of scrap recyclable items ect. 13 counts!
To my detriment, the dumpsters are on (un-posted) private property. What should I do? They are presenting the case to a grand jury to see if it is a viable case.
Apply to the Office of the Public Defender for an appointed attorney.
The first thing to do is to stop talking to the police. Next, today, apply for a public defender.
The electric circuitry in my apartment is linked with the apartment beneath us. Both apartments are required to pay for electricity in the leases we just signed but we cannot control how much the other apartment uses. Not only is this illegal (so I'm told) but the circuits keep on popping (at least once a day is average) which is the bigger problem.
Is there any way that the tenant can force the landlord to split up the circuitry? Meaning, if housing inspection comes and cites the landlord, is the landlord required to comply and split it up? What will typically happen?
Yes, you need to contact the Board of Health (or Inspectional Services) where you are. They will examine the electrical system and order repairs by the landlord. You can also send a copy of the report to your electrical company and they will initiate their own investigation under the relevant sections of the Code of Massachusetts Regulations.
What tips do you have in preparing an opening statement in a child custody hearing? I have a hearing in about three weeks. My ex is represented and I am representing myself. I am doing everything I need to do to prepare. Any advice is welcomed. Thanks for your time.
Keep your opening statement simple. Especially in Alaska, judges normally are familiar with the issues. Tell the judge, clearly, what you want, what you expect to prove, and leave it at that.
I am divorcing my husband and moved out of the house we were renting. He decided to stay and got room mates to help him cover the rent. I paid for the deposit (before we married) when we moved in and have the receipt. What can I do to get my money back?
Include that as a separate property asset on your side of the property claims.
Any bank account records that would assist you in showing that this money was used as a deposit will help prove your case in the event that your ex-spouse is disputing this claim.
I have always gone by my middle name now I use my maiden name as my middle. Do I have to have it legally changed?
As long as you are not attempting to defraud creditors; or do not want to change legal documents (SS card or TDL etc), there is no requirement to legally change it.
I work at a restaurant, and we have pagers to page us to the office or to check the bathrooms,
My boss makes me give him my CAR KEYS so I wont leave with the pager(as this happens frequently, not by me but by other employees)
I don't feel comfortable with this, and feel that it is illegal, but is it?
I don't see anything illegal here. You are an at will employee and can quit if you are uncomfortable, however you will not receive unemployment. Kliszlaw.com. TimKlisz
No, it's not illegal. Actually seems like a pretty good idea.
my 19 year old son is a US citizen with passport and we are getting ready to take a cruise to the carribean in July. He was recently found guilty of an underage alcohol possession and another class 4 misdeamnor with a suspended sentence. Are these two issues going to cause his passport to be flagged either leaving or returning into the US? Should we forego the trip?
For non-citizens those charges could present problems, but for a US citizen this will not be an issue for his leaving or returning to the US, so far as the United States is concerned. However, you do need to check with each country you will be visiting and be sure that he will be allowed to enter.
I recently was charged with dui in fl..will previous felony convictions in my state affect my conviction? I blew over.20
A previous conviction will not be affected by a new DUI arrest. However, if you are currently on probation, the new arrest will violate that probation. If that isn't your case, don't worry about it. Any plea offers may be higher as a result of your previous convictions, but you're dealing with a misdemeanor, so it shouldn't be really significant. In FL any breath over a .15 triggers higher penalties so it is important to have an attorney look closely at your case to determine if that breath sample can be excluded from evidence. You may reply to this post if you have any further questions. All my best.
Hi, I got a DUI minor in TX when I was 16. I did deferred adjudication and now I am 20 and applying for internships and was wandering if that would come up on a background check.
It would not come up on criminal checks because juvenile records are not available to the general public but if it affected your TDL in any way, and the place required a driver's license check, it could come up.
You should definitely have your juvenile record sealed, though.
We signed papers on a used car yesterday and as I drove off it had mechanical issues. I returned and he tried to fix. I drove away and it did the same thing. He tried to fix again and said if it happened again that he would send a mechanic to my house the following morning to fix. They did not show up and did not answer our calls and texts until this evening. The owner said that they should have never said that they would fix at our house. I want to return the broken car tomorrow. The bank has not funded them, I put a stop pay on the check that I gave him. He said that they have a contract and I have to take the car or my credit is ruined and I would have to pay them a 10% restock fee. What are my options?
Whatever your contract says.
Does a co-signer on car loan have liability in case of an accident?
It depends on whether you are the co-owner of the car. Co-signers sign the note, and don't have to have an ownership interest. But you should be on the insurance as a loss payee anyway.
My mother is 85 years old and an attorney is overseeing a trust for her. On 3 separate occasions I have taken my mother to see him and he refuses to let me go in his office with her although she wanted me to be there. This seems odd to me. Is this appropriate on the lawyers part?
I don't think there's enough information here to tell. You say the attorney is "overseeing" the trust, but I do not know what that means. Drafting the trust is one thing; administering the trust is another. There are questions about wanting to protect the attorney-client privilege, or the appearance of favoritism of one child over the others.
My typical practice is that if a client wants an advisor in the meeting, and the client knows the risks of waiver of privilege and still wants the advisor, I let the client in. This is not, however, required under the law.
If your mother is competent, it is her choice as to whether to continue with this lawyer as a lawyer. The trust document will say whether your mother has the power to remove this lawyer as a trustee. Your mother may need to meet with another attorney for advice here, if she feels at all uncomfortable with existing counsel.
DYFS filed a complaint in Court and have temporarily placed my children with other family, on basis of what the children have allegedly reported about me. There is no physical evidence in this case, except what the children have allegedly reported verbally to DYFS. Now the children are recanting all their prior statements. They are saying that they lied about me because they were coached to say lies about me. The children say they regret saying the lies they did about me. Now they want to come back to me. What are my options here.
Sounds like you want to get the kids' statements in writing, and put together additional proof, then file a motion asking the court to give your kids back. this will take some planning, and you really should get a lawyer to help you.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.
I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]/* */
Website: AttorneyRobertDavies.com
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.
You definately need an attorney. If you cannot afford one, the court will appoint someone from the Office of Parental Representation unit of the public defenders office.
If you prefer private council, make sure that you have someone experienced in DYFS cases. This is a unique specialty and not many attorneys are familiar with it.
I am assuming that you have already had a Dodd - emergency hearing regarding the removal. The case will probably move forward to a fact finding hearing, at which thime the Division will be required to prove the allegations against you. If they fail, the children should be returned immediately. Unfortunately, it may be many months until this hearing is completed.
In the meantime, it may be possible to get the children returned, but I need to know more to advise you what your options are.
If you would like to speak with me further, please call me at 732-663-1500.
Thank you.
property in Virginia purchased by grandfather who expired. Son paid takes and kept land up until his death. prior to his death he left his portion to his daughter. The last child of my grandfather now recently as of November assigned two trustees to the land. The land is occupied by the Sons daughter and the takes was paid by my grandfather, father and daughter and the land of kept up. My grandfathers daughter who claims that she is the only trustee of the land since her father died and then assigned 2 other relates as trustees. neither heir or trustees who was assigned in November 2014 have never provided in help or upkeep to the property. NEVER IN LIFE EVEN WHEN HER FATHER WAS LIVING. What course of action should the son's daughter take since she kept the taxes up, kept the land in good condition and lives on the land.
This is a question involving the area of law known as probate, i.e., wills,
trusts and estates, rather than real estate and real property, but it would be
my recommendation that "the son's daughter" arrange for a consultation
with a local attorney who handles probate matters in her area and who should be
able to recommend an appropriate course of action for her to pursue after this attorney has had the opportunity to examine and evaluate the documents and relevant facts that are associated with this matter.
requirements of a plaintiff and defendant in small claims cases. pleas i need this for school and i cant find the answer any where.
You may go online and do a search on Small Claims Cases: NY County Civil Court or Nassau County Small Claims Part (District Court) and check for the plaintiffs and defendants' responsibilities and rights.
Lady ran a stop sign and hit our truck. To replace our 03 dodge that had 230,000 miles on it with something similar we looked all over and it will cost us close to $9000. Her insurace company also sees that and on there sheet of trucks in our areal they all said around $8000 and the insurance deducts $3000 off each one and says there offer is $5400. So there client is 100%at fault and hits us and takes our paid I'm full vehicle from us and then doesnt even have to replace what she took from us? That first seem right. Then they are saying they will stop paying for our rent a car as of today when they haven't even sent us money to replace it yet. Can we do anything legally?
Unfortunately you are not entitled to replacement value but actual value of the vehicle you lost. And, once they make you an offer they feel is right, they have the right to stop the rental car. You do not get to keep the rental while you mull over the decisions for a few weeks.
If you are going to accept the offer, you can pick up the check before you drop off the rental car.
You can also hire a lawyer to review everything but given the number of miles on your car, it is going to be tough to get a lot of money.....
how do i obtain a short certificate for litigation purposes only (in Philadelphia PA
If an estate has been set up, you can obtain additional short certificates from the Phila. Register of Wills. If not, you will need to establish an estate. General information is at http://secureprod.phila.gov/wills/estates.aspx.
what happen if i take money from my retirement account withiut my wife knowing
More information is needed. If you did this during a pending divorce action, you may be in violation of a property restraining order. If you did this without a divorce action pending, you still have a fiduciary management and control responsibility for property that is community. Please meet with an experienced family law attorney to explore your legal options.
Is it legal for a city law enforcement officer to use an electronic (or copy of his signature) on a citation for traffic control signal violation?
Most tickets in Maryland are now being issued electronically. It is legal.
There's nothing per se illegal about it.
We live in Missouri and we are in the process of having our twelve year old non-biological child adopted to a family in California. Their lawyer has informed our lawyer that we need to sign a form that assumes financial responsibility for the child if down the road the adoption doesn't work out. We have never heard of such a form. We are not interested in guardianship because of the future potential responsibility. Is this a legal requirement or is she just trying to cover her clients best interests?
There does have to be a "sending agent" because this is an adoption across state lines (otherwise known as an ICPC adoption). It may be a little odd that the California couple's attorney is asking you to be that sending agent, as typically an intermediary is involved to serve in that role (like an adoption agency or an attorney or a social worker). However, it may not be technically incorrect to have you sign as the sending agent and maybe it is more common in California for their ICPC to see biological parents in this role (?). When I do ICPC adoptions, I typically have an attorney listed as the sending agent.
I'd consider asking the California attorney if there is someone else who could serve in that capacity.
My brother recently dies, there is no will but my brother told me and two family friends that he would tod his house to me. I found a handwritten note stating what he verbally stated. No one will contest it is this document legal enough to claim the property?
Depending upon who would inherit by law, the handwritten note will not likely suffice to convince probate judge to Order that title to the property be transferred to you. But, if everyone in the family agrees that the brother intended the house to go to you, you may be able to live there long enough to claim ownership through other means later. If there was a mortgage on the property, it will likely have to be paid off, for you to have any chance to get the house in your name. This is general information offered in response to your general question and general description of your situation. . You need to get specific legal advice based upon the specific facts of the situation surrounding this house. I suggest that you consult directly with a probate practice attorney soon. Give them access to all the relevant documents you have, and answer their questions, so that you can decide whether and how to pursue your deceased brother's house. many civil and probate practitioners provide a free or low fee initial consultation. Find one in your area, and make an appointment.
Good luck
if I (as the Plaintiff) mail a moving paper (Opposition to a Motion) to a defendant with (guaranteed) overnight delivery, does it still require 5 days for mail before it is considered served?
You shouldn't be mailing (serving) your own documents. You should have a friend or relative do it. Overnight mail is considered served in two -- rather than five -- days.
There are special rules for service of opposition and reply to motions. Neither the 5 nor two day rules apply. In addition, Mr. Cohen is correct - you cannot serve papers yourself. A proof of service signed by you is invalid because you are a party to the action.
Recently divorced my ex and I have 3 children of which the oldest is not biologicqlly mi e. I am on the birth certificate and we married shortly after her birth. We have custody, support and visitation arrangements in place, and now after almost a year and several motions from my ex for several different reason to return to court she has filed another motion to have my parental rights taken because I am not the biological father of our oldest. I have been paying support this whole time for her as well as have joint legal custody and visitation s that we both agreed to. I don't want to lose my rights. What I am looking at?
She shouldn't win if you fight it and your facts are complete and true
Hire a lawyer ASAP
Good luck
Ralph (770.985.6773 - answered 24x7)
In general, assuming you do not defend this pro se and get the lawyer you MUST get, you have a good chance to prevail. Courts do not like to "basterdize" children (to quote an old Georgia Supreme Court case) and your divorce decree is likely res judicata as to custody. Nonetheless this is complex, and you need to retain a lawyer ASAP.
Glen Ashman - 404-768-3509
I agree with Mr. Villani and Mr. Ashman. You need to retain the services of an attorney who understands the law and will fight for your rights.
Ok, in child support case, I'm the NCP. IN the original order and all other correspondence, the CP & DOR/CSE are the "Petitioner" and I'm the "Respondent". My question is, If I file paperwork for a motion. Am I the "petitioner"?
If you file in an established case the caption (Petitioner, Respondent) never changes. If this is a new case (new case number) then you would be the Petitioner.
if your license is revoked, if you satisfy all requirements. do you have to pay a reinstate fee to lift the revoked status
The DHSMV charges for everything including that.
