Tuesday, April 28, 2015

My sister is holding on to the remainder of my our parents estate, in their account where she is the only co-signature. She, a year ago, sai...

Question

My sister is holding on to the remainder of my our parents estate, in their account where she is the only co-signature. She, a year ago, said she was keeping $500 for bills and will give it to you in six months if there are no bills. She paid my moms medication bill, assisted living rent and phone/cable bill from our moms trust...she transfered money and wrote checks she mailed. Can she now say she is keeping the money for payment for dealing with the trust...though it amounted to paying a few bills a month?



Answer

Whether her charges for acting as trustee are reasonable and appropriate are subject to review by the court. Contact an attorney specializing in trust and estate matters to assist you about how to have the court do that to protect all trust beneficiaries.



My friend is 21 and i am 18 she wants to give temporary custody to me of her son of 9 months because she has tow counts of child neglect and...

Question

My friend is 21 and i am 18 she wants to give temporary custody to me of her son of 9 months because she has tow counts of child neglect and i was wondering if she can do that?



Answer

There are serious implications. I suggest that she and you consult in person with an attorney.



What are the main four ways how cross-cultural teams come together?

What are the main four ways how cross-cultural teams come together?
on a business

My husband and I have been having marital problems for approximately a year. He has signed a lease with his female friend. The rent agreemen...

Question

My husband and I have been having marital problems for approximately a year. He has signed a lease with his female friend. The rent agreement was based mainly upon his income. However, now that he wants to leave and return home she will not move out and when he has attempted to get his things to move back to our home. she becomes confrontational. She has threatened to injure herself and call the police on him. We would like to know what legal steps can he take to vacate the premises and lease?



Answer

Your husband should ask a Police officer to accompany him when he retrieves his belongings. This is a common practice, where the other party has threatened physical violence. However, this will not extra care him from his liability on the lease he signed. He will need to have an attorney read his lease to see assess his early termination options.

Good luck



What things were invented between 2000 and 2008?

What things were invented between 2000 and 2008?
The iPod is one thing that was invented between 2000 and 2008.

I have been summoned to court for charges regarding interference with law enforcement (giving false information) and two minor traffic infra...

Question

I have been summoned to court for charges regarding interference with law enforcement (giving false information) and two minor traffic infractions. The initial ticket (traffic) was signed and ticketed to "Jane Doe". Within weeks though, I received an arrest warrant with the charges of interference with LEO and the traffic infractions. "Jane Doe" was able to dodge the traffic violations by placing me as the guilty party and was able to do so with little legal action and law enforcement interaction (docs. prints. ID. ect.). Simply by calling and pointing the finger at me. "Jane Doe" is not facing any charges or summons to court or any legal pressure. How can I be so easily accused/charged with no proof of these actions?



Answer

I'm not sure if there were Alias tickets written for Jane Doe, or your use of Jane Doe was to not divulge an actual person's identity. It seems that your ultimate question is "How can I be accused of a crime, based upon the statement by "Jane Doe" that I was the person who committed it?" If the Police believe that a crime or violation has been committed, and a citizen tells them that they saw someone do it, they are likely to pursue that someone. The criminal can do this to try to avoid prosecution. It happens unfortunately too many times. I've seen minor grandsons pursued because their grandfather pointed authorities to them and away from himself.

Being accused or even prosecuted for a crime, does not equate to being found guilty of that crime. The State must still prove its case, unless you fail to defend. You may contact me via email if you wish for legal representation to defend you from these charges. If you do not use my services, I suggest that you consult directly with a criminal defense attorney, long before your hearing date. These conviction could cost you jobs, higher insurance premiums, and/or damage your credit.

Good luck



What are the release dates for Thurston - 2011 Hell Is Empty - 1.9?

What are the release dates for Thurston - 2011 Hell Is Empty - 1.9?
Thurston - 2011 Hell Is Empty - 1.9 was released on:

USA: 1 September 2012

Can I file for visitation with our 41 year old son? We live in Florida. Its a serious question. Thanks

Question

Can I file for visitation with our 41 year old son? We live in Florida. Its a serious question.

Thanks



Answer

Not unless he is a ward of the court. Florida family court loses jurisdiction at age 19.



I purchased a counterfeit item that was sold to me as legitimate. I contacted the seller after I discovered it was counterfeit. He has said ...

Question

I purchased a counterfeit item that was sold to me as legitimate. I contacted the seller after I discovered it was counterfeit. He has said he would return my money. That was over two weeks ago. He now will not return phone calls. I have his name and DL number.

What legal action can I take? Can I file and arrest warrant? Thanks for your help.



Answer

You haven't told us what it was, how much it was worth, why you think it's fake, the method of payment, etc, all of which are necessary for an answer. This is probably NOT a criminal matter. Your remedy, depending on the things you chose to omit, could be a small claims lawsuit in magistrate court, hiring a lawyer, doing a credit card chargeback, making a claim on a site like eBay if it was bought there, etc. Not all of those will be your remedy but one may be, should you chose to give details. Some of your remedies have very short time periods.



We are selling land and the person is going to make a down payment, monthly interest payments and then in 7 months will make the final ballo...

Question

We are selling land and the person is going to make a down payment, monthly interest payments and then in 7 months will make the final balloon payment. Should I have some legal jargon in place so he doesn't default or do you think the vacant land real estate sale agreement is enough between the seller and buyer?



Answer

If the loan isn't going through a bank, you need to talk with your own attorney before agreeing to a seller finance deal. The "legal jargon" you refer to is what will make it possible to foreclose or declare forfeiture of the contract (depending on how you set this up). Even trustworthy responsible buyers run out of money and purchasers default on loans. This is why there is an entire lending and legal industry set up to deal with such contingencies. Go talk to a real estate attorney, or better yet, get a bank involved with the loan.



What were the effects of the 1973 oil embargo?

What were the effects of the 1973 oil embargo?
Effects of the 1973 oil embargo include stagnation in oil importersand high inflation. There were also many negotiations over taxes,shares and prices between governments.

Restraining order

Question

Restraining order



Answer

Often a worthless document. Generally, if a restraining order works - then you didn't really need one.



divorce paper reads: husband shall be entitled to claim child A as a dependent on his income tax returns. wife shall each be entitled to cla...

Question

divorce paper reads: husband shall be entitled to claim child A as a dependent on his income tax returns. wife shall each be entitled to claim child B as a dependent on her income tax returns. upon one child remaining, husband shall have the right to readdress the issue of the tax dependency exemptions. Q: can he just announce that he is claiming child B for 2014 tax return??? He should have claimed child A on his 2013 return, this would have been the last year he could claim child A.



Answer

Your post and 'quote' is not entirely clear and an attorney assisting you will want to review the divorce decree. Despite the ambiguities, the wording your present seems to be somewhat straightforward. Tricia Dwyer Esq ph 612-296-9666 Minnesota Divorce Attorneys Minnesota Post-Divorce Legal Issues Attorneys Tricia Dwyer Esq & Assoc PLLC



Is it legal if you are pulled over because a sheriff ran a parked vehicle license plate in a parking lot and the registered owner popped up ...

Question

Is it legal if you are pulled over because a sheriff ran a parked vehicle license plate in a parking lot and the registered owner popped up as having a warrant and they waited until someone came out of the store who fit the description of the registered owner and upon finding out that they were the registered owner pull them over,arrest them for that warrant without reading them their rights?



Answer

I don't see anything illegal about this. Police are allowed to run the plates of a parked car, even without probable cause. They're also allowed to arrest people who have outstanding warrants.

Arrests are valid whether or not the police read the suspect his Miranda rights. If they fail to do so and then question him while he's in custody, then his answers usually can't be used against him in court. So if the officers didn't question you while you were in custody, then there's no problem. Even if they did, the prosecutors might be able to prove their case against you based on other evidence.

You should get a lawyer right away. If you can't afford a lawyer, the court will appoint one for you.

Good luck.



Why isn't T'keymah Crystal keymah playing mother role in Cory in the house?

Why isn't T'keymah Crystal keymah playing mother role in Cory in the house?
T'keymah Crystal keymah T'keymah Crystal keymah isn't playing Cory's mother in Cory in the house becausein That's so Raven T'keymah Crystal keymah has gone to England to study.So she left leaving Raven in College and Cory and his dad alone,but then Mr.Baxter moved to the White House to be a chef for the president and he took Cory with him.I think Cory in The House is great!Also when willT'keymah Crystal keymah come back to Cory in The House?

My son was arrested on May 15th at 00:38am for PC647(F) and PC853.6(I)(8)with bail set at $5000. He was arraigned on May 17th at 1:00pm. He ...

Question

My son was arrested on May 15th at 00:38am for PC647(F) and

PC853.6(I)(8)with bail set at $5000. He was arraigned on May 17th at 1:00pm. He was offered 3 years probation if pleads guilty. No attorney present! He turned the offer down. So the judge set a Pre-Trial date of May 28th and the charges were changed to PC647(F) and PC148(A)(1) with bail set at $25000. He refused to sign ticket because he was of no danger to anyone or himself and he was not drunk in public. After speaking with him this morning I was informed that there was no drug and alcohol testing done at time of arrest. So how can the original charges and bail change and how can they keep him until the 28th of May?



Answer

Under the speedy trial law, as long as he does not waive time a trial must be set within 30 days of his arraignment. The original charges are those proposed by the police officer. But the DA decides prior to arraignment what charges to bring. At the arraignment the DA file a "Complaint" with the official charges. After arraignment, with the permission of the court, the DA may amend the complaint.

Sadly, some Public Defenders do not staff misdemeanor arraignment courts and the judge may make an offer, usually one that will get minor misdemeanants out of jail that day. But even if it means spending more time in jail I believe your son was right in refusing the offer without first talking to a lawyer.

He should now have an attorney and that attorney may put the case on calendar if it looks like the parties are close to a settlement.



Answer

He needs an attorney.



can a police officer be held liable for not notifying a parent for 20 hours that there son has been shot .his answer was he was hoping to ge...

Monday, April 27, 2015

How long does a lender have to repossess?

How long does a lender have to repossess?
I am 3 months behind on my mortgage? How long until they repo my home?

What are South Carolina laws concerning expired vehicle registration?

What are South Carolina laws concerning expired vehicle registration?
A person who acquires a new vehicle or an owner of a foreignvehicle being moved into the state has 45 days to register thevehicle. Additionally a fine may be levied for a vehicle that hasan expired registration and could be impounded and towed.

what is a personal guaranty in real estate? It seems to override the note. Is that possible?

Question

what is a personal guaranty in real estate? It seems to override the note. Is that possible?



Answer

A personal guaranty is a promise by someone other than the borrower to repay the debt if if the primary borrower does not. It is somewhat like, but not identical to being a co-signer. The most common situation (though far from the only one) in which a personal guarantee is given is when a closely held corporation, LLC or other business entity is the borrower, which would insulate the owners from liability. In order to give (significantly) greater assurance that the owners will not just walk away from the company if it cannot repay the debt, the lender will require they give a personal guarantee of the debt.