My ex-husband went shopping for glasses for our son. He is asking for $200 for half the cost. Mind you, he never asked me before doing this and went to an expensive optician. He says if I don't pay the $200 by April 15th (when Alimony is paid), he will reduce my alimony by that amount. Is that legal here in CA?
Unless your court order allows for this deduction, your ex would be in violation of your court order.
Unemployment is claiming my husband received 12,000 the past year in overpayments...which is not true my husband claims....he spoke with them the past two months trying to get them to resolve the matter....they said they would look into it..and call back..he had to keep calling them..on one of calls..they said it did look odd..and apparently the money went into a black hole in thier system...now they claim they will not investigate further..and he has to pay that amount back...we can't even file our taxes until they send corrected amount..and now they claim it is fraud overpayment...we are at our wits end with this...
Hello. Of course, based on what you stated, I have no idea what your exact issues are. I will state generally that Minnesota unemployment fraud matters may be roughly categorized into three types: Clerical errors, benefit over-payments and tax irregularities. Minnesota unemployment violations in the nature of fraud may be prosecuted criminally at the felony level. I urge you to seek private attorney counsel and representation for this matter, and with no delay. I suggest you telephone several Minnesota licensed attorneys in choosing one attorney to assist you, because you ought to feel a sense of great trust with the attorney assisting you. If money is an issue, know that some attorneys, myself included, will consider your finances in fee. Again, please seek attorney help right now. All the best.
I have a neighbor that continues to send workers onto my property to chop the branches off trees which extend past the property line (over their pool slightly). They do this without my permission or consent and without notifying me in any way shape or form prior. I have told this neighbor to cease with this action multiple times and they continue to do so. The workers are loud and bothersome with their chainsaws, they are intruding on my property without permission and they often cut the branches well past the property line.What action is best next? I was considering placing a cease and desist letter in their mailbox. Should I do this or get the authorities involved now?
Your neighbor has the right to trim, but not to trespass over the property line. A letter is just a letter. We lawyers write a lot of them, and sometimes they are enough to change someone's behavior. But a lawsuit is something much more powerful, if you cannot simply talk to this person.
At a California Single-Family-Residence, with a swim pool in the back yard...
at the rear of the property is a 6-foot-tall block wall, on the property line,
and on the other side of that block wall is a 100-unit condo-complex.
On that other side are some now 100-foot-tall trees that drop leaves into my swim pool.
The HOA for the condos says that they cannot afford to cut down the trees.
I want to keep my pool clean. What are my options?
Can I cut any and all parts of the trees that are directly straight up from the block wall?
Is that ALL that I am allowed to do?
I'm pretty durn sure that I'm allowed to do that,
but it won't solve the problem permanantly.
It will reduce only some of the crap in my pool... temporarily.
Other options?
Thanks.
You may be able to sue for nuisance. depends upon how much money you ant to spend and how aggressive you want to be. Perhaps start with a letter from an attorney to the HOA. If you would like to discuss this feel free to call my office
818 345-0123
ww.gertzandlaurie.com
Can a minor leave the state to go on vacation with only one parents consent, if the parents are divorced?
She is 13 years old, Going to visit her older brother who is 23 while traveling with her other brother that is 20. Father is giving permision to travel, while he is still going to court for full custody. In the mean time, she is staying with her father currently full time. Mother does not want daughter to go, "she wants to spend more time with her daughter." Mother recently up and left the county that her daughter recides in with her father. She now lives 2.5 hours away and that is why she sees her less. She has taken her on the weekends nor the Tuesdays or Thursdays (for the past month) that the parents and court agreed on that she will have her daughter.
Please any help will be greatfull.
File with the family court to restrict that trip.
If it interferes with your placement then a Motion to Enforce would be appropriate.
About 4 years ago I was arrested on drug possession charges plus a few misdemeanors. I was a first time offender so instead of prison my judge gave me the option of taking "Drug Classes". I did everything I had to do and my record is now clean again, like it never happened. I now own 3 firearms legally, and I am looking into getting a CCW permit. I understand that my county's Sherriff's office takes care of the application process but I also know that the application fee is non-refundable.In my state I must have a "Good Cause" which I have. It just doesn't make sense to pay the fee if I am already marked for rejection. Will my previous encounter with the law affect my chances of getting a CCW permit even though I can legally purchase and possess a firearm? Please help. Thanx..
Will it affect your chances? Of course. IF you are correct that you are not a 'prohibited person' then the decision will be up to the issuing agency after your disclosure on the application and the background check that will be done. Go talk to the agency and get their input. I also suggest you confirm your opinion that you can "own 3 firearms legally" by going to a gun store and requesting a 'non-purchase' DOJ eligibility check.
If a judge decrees mother gets children during the week of july 4th, would that mean she can pick any 7 days as long as July 4th falls between the dates she chooses or does it mean that it falls between Sunday and Saturday, July 3rd through July 10?
No one here has read the papers, so we can't really answer you.
Assuming that you had a lawyer, your lawyer certainly made sure that answer was addressed in your paperwork and you simply need to read the paperwork.
If you made the horrible mistake of not having a lawyer, you may well have a very ambiguous question that may not be answerable, and certainly cannot be answered without reading the divorce papers in their entirety (and you have not shared them in).
In the highly unlikely event that you had a lawyer and he drafted something sloppily that did not answer the question, call him and insist that he help resolve the problem he created.
Ok so I got caught shoplifting at a KMart in Chicago il, the police was not called, I didnt have an ID so they just took my name and address down and had me sign a paper with my address and let me know I would be receiving a citation, I was just wondering should I pay the citation or will I have to go to court? I have been reading that I shouldnt pay the citation and I am unsure of what to do.
Hello. You certainly should hire a lawyer, before you pay a citation. Hiring a lawyer will be your best course of action.
I signed a contract to invest 1,000 for a concert that I now believe did not take place on May 26' 2012. The listed VP and man of the company I signed the contract with indicated that payment would be guaranteed on 8/3 (3,500 return). I have made several attempts to make contact and have received no responses. What would be my next step in recovering my investment if any? Can I have this person arrested for fraud?
You have a civil matter unless there is a lot more to the story than you posted. You start the process by hiring a lawyer to see what your chances are, or filing yourself in small claims court.
can you get evicted with a unlawful detainer that is over 6mo old.
yes.
I was awarded 50 percent of exhusbands sheetmetal workers pension he no longer works but they said I can't get my half until January. 2016 I'm sick and can not work I need this money now how can I get it
Did you get a QDRO done in the divorce? Is he receiving benefits? Bottom line you can wait or hire a lawyer to figure out whether you can and do it for you.
Can a person I wrote a check to change what I wrote on the memo line?
Not usually.
Did you happen to make a copy of the check that you sent and do you have a copy of the check that was presented to your bank? What did they write in the memo line that causes you concern?
Information in the memo line does not affect the negotiability of the check - I use it as a reminder of what I paid for on those rare occasions when I write a check like (or dental visit, eyeglasses, the veternarian for my pets etc. However, if the line was blank and someone wrote the words "loan payment" in the line that might have repercussions.
I would have to see what was written to know for sure. If someone asserted a claim against you, you would have the burden of proving that the check was altered.
if my wife starts a daycare in our home does she have more legal rights to the home because she has her business there?
No, having a home business would not give her any more rights to habitation than you. The court, however, may give some weight to her business in deciding who to award the house to when everything is said and done. This probably would not show up in the findings of facts.
I been have severe pain for about 3 wks in the abdomen.... Went for a upper G.I. yesterday and was told I still have staples inside my abdoment....The surgery was 18 yrs ago....Should I still have these staples?
Would need to have a general surgeon review the operative report from the procedure done 18 years ago. Are you now being told the pain is caused by the staples? Details are important. Also, was there follow-up with the surgeon after the procedure? Were you told the staples would dissolve? Need more information to give an informed opinion. Best, M. E. Zuller
how do I reclaim my maiden name after many years of being divorced?
File a petition for change of name at the probate court in your county
I agree with the previous answer. You can file a petition for name change in the probate and family court. We have successfully waived certain requirements of the court for our clients, like notice of the petition in the newspaper, and even attendance at any sort of hearing. Because you are returning to your maiden name, you should not have a terribly difficult time. If you would like us to prepare and file your petition, we charge a simple flat fee.
Who regulates self-storage businesses? Are self-storage businesses required to register with the Secretary of State?
For all practical purposes they are accountable to no one.
There are also a lot of civil code sections that specifically regulate storage facilities.
Like most other businesses there are laws that govern their activities, but that does not mean there is an agency that registers or regulates them. The Secretary of State does not regulate or register any specific type of business that I know of. The SoS keeps records of corporations, LLC's, LLP's, and limited partnerships, and provides some regulation of the issuance of securities in connection with those business forms, regardless of the industry. But it does not regulate any particular industry. To my knowledge self storage businesses are only subject to general business regulations such as local business licenses, zoning, building codes, etc., that apply to all businesses.
Boob Surgery
A couple of months ago I got a breast lift with implants. My boyfriend paid for them on his visa card. He does not like how they turned out. He thinks they are not big enough and that the arola that dark part in the middle is too big. I went back to my doctor and told him that I had wanted my boobs to be biigger. He did not put the size of implant in that I wanted like I told him before the surgery. I also told my doctor that the arolas were still too big They are around the size of a half dollar coin still and I wanted them to be smaller more like a quarter coin. Now, not only does my doctor not want to fix my boobs but my boyfriend says I have to pay him back for them. He says that legally I have to pay him back because he did not get what he paid for. I don't want my boyfriend to move out but I just don't have the money to pay him back. What can I do? Also when I asked my doctor to fix my boobs to make them look better and bigger but make the arolas smaller he said he would have to charge me for the surgery. Is this right or legal? He did not give me the boobs that I wanted and told him I wanted.The boob lift is fine but they are not big enogh and the arolas are too big. I just don't like my titties. What can I do legally? Do I have to pay my boyfirnd back for the boobs also?
First of all, as to your boyfriend, did he loan you the money or do it as a gift? That answers whether you owe him money.
As for the results, no one here has read the consent forms and other papers you signed, which contain the answer to rest of your question.
As stated, it depends on the terms of the agreement which we don't have and you don't mention. Next time, get a written contract with your boyfriend so it is clear. There will be a next time (many more), since he is a person who believes you are a person who will get surgery to please him (and then he can complain when he does not get what he paid for, like a piece of property). At some point, he'll start over with a new piece of property - like trading in a car after a few repair bills. Is this what you want from a relationship (and with your own body)?
My 3 childrens grandmother died without a will. Her house is valued at over $100,000 and she had life insurance and vehicles, etc. She had 2 daughters and 1 deceased son, my 3 childrens father. My children were never notified of her passing until several months later. Nothing has ever went to probate and they won't give my children information other than they want them to sign over their rights to her estate. My children can't get an attorney in this state to take the case. I went to the court house to try and file probate or inherentance papers, but the lady said that only an attorney can file. My children has asked the aunt to give them a list of everything she had but she has not as of yet. They have asked for the 2nd aunt's phone number but the 1st aunt won't give it to them. This has been going on for a year now and my children aren't getting anywhere. I'm sorry this is so long.
Question: What can my children do to protect their rights and get a list of all her possessions, etc. There aunt is stretching everything out and promising she will have the bank to fax the bank statements to them but they still haven't gotten anything. Their aunt got an attorney to draw up the papers for my children to sign giving up their rights to their grandmothers estate, but the attorney sent them a letter saying that he didn't want to represent them or have anything to do with this case. He did tell my children they have 1/3 interest in her house and all of her possessions and that they can go to the house and go in and check it out themselves. Supposedily the grandmother's truck was given to one of the other grandchildren and don't know about her RV or car.
Thank you
I don't believe that you can not find an attorney who will discuss this with your children. Suggest they call the local bar for a referral.
It would be very difficult for you to obtain all of the information that you need by yourself or to fully know what rights you have. To have an attorney look into the matter briefly for you should not be expensive.
If they are willing to drive up to Lake County, I'll be happy to speak with them. But, frankly, I would think that getting a lawyer down there would relatively easy, and cheaper. You're close enough to Terre Haute, Bloomington and Indianapolis that getting a lawyer should not be that difficult.
if someone gave me money to buy drugs and the transaction doesn't go as plan can i be charged for theft.
Absolutely. Additionally, you could be charged in both state and federal court for conspiracy to buy and/or sell drugs.
my lawyer gave bad advice and i accept plea can it be change
You CAN take back you guilty plea, but it is a HARD thing to do. Call me if you like.
It will depend on a number of circumstances including whether you have been sentenced yet, whether the judge swore you in, whether you gave a proper factual basis etc. We should discuss this.
-Michael Roberts
divorced my husband after 3 years, and i have 10 years greencard and i have been waiting for 5 years then I applied citizenship after 5 years can I get my citizenship
You will want to review your eligiblity with an immigration attorney, but from what you describe you are likely eligible.
I recommend that you discuss this situation privately with an attorney who handles immigration legal issues. I suggest that you make several phone calls in choosing the attorney to help you, because it is important that you feel great trust and safety in your communications with the attorney.
Tricia Dwyer, Esq.
Tricia Dwyer, Esq. & Associates
Minnesota, Twin Cities, Minneapolis, St. Paul and outlying areas
Phone 612-296-9666 seven days until 8 p.m. daily
I was involved in an accident last year in April 2011. My car is cosigned/co owned and I had no insurance at the time. I ended up filing for bankruptcy but now my cosigner is being given letters and phone calls to pay all of the damages (vehicle only, no bodily injury). Is she really going to be held responsible for making the payments? She wasn't involved with the accident and she cosigned due to credit reasons. Please, what do I do and what are my options?
Unless this debt was discharged in your bankruptcy, I would think both of you are responsible.
Owners (even if not drivers) can be held responsible in certain situations. She should consult with a defense attorney.
my husband is an heir of possibly 200 heirs of 300 acres of land undivided in cameron parish louisiana. what are his rights and responsibilities
He can sell his portion if he doesn't wish to own it with the other heirs. Otherwise, he and the other heirs have equal rights and responsibilities
Can I sue someone for poor workmanship based on just a license plate and phone number? I was solicited for dent repair in a public parking lot. The guy handed out a business card belonging to the guy he works for. I declined, but eventually reluctantly agreed to the service. On-site repair in the parking lot. I was promised dent repair and paint touch up on various areas of my vehicle. I was told to just lock up my vehicle and have him do the work. Pay upon completion. I went off shopping for about an hour and returned to my vehicle. It was covered heavily in wax when I returned. The guy said to just wash the vehicle the next day. Although, questionable of his work, I paid him. I washed my car the next day and saw the horror of his work. Very bad. I called and texted the guy several times for a refund, but he keeps giving me excuses and stalling for time. Sometimes he ignores my calls and turns off his phone. What can I do to get my money back? I've been trying to settle this out of court, but this guy keeps hiding. I have his phone number and license plate, plus everything was caught on surveillance cameras.
There is a Latin phrase caveat emptor or let the buyer beware...You can sue the guy on the business card, assuming he really exists and assuming he really has an employee that does thus stuff. Then you have to find an address to sue them, you have to have all the evidence and go to court. You can file this in small claims.
Once you get to court, you'll have to explain to a judge what you think workmanship ought to be for the money you paid, with a guy working out of a trunk in a WalMart ...
For all the hassle you might just consider this tuition payment to the School of Hard Knocks
if I have legal custody of my child and i want to sign the rights over temoarly to my aunt while i go to rehab can my husband take my daughter? He has her now because CPS took her and placed her there, but the case is closed now and I still have custody of her.
It is certainly possible that your husband could petition the court for custody. You should retain an attorney to represent you and your interests while in rehab. Kudos to you for getting help.
how do prevent attorney from garnishing your bank account for association fees?
You left out a great deal of needed information, but there can't be a garnishment until you first ignored or otherwise lost a lawsuit, and that means you probably have a lien on your home and also could lose it to HOA foreclosure. You had a legal emergency many months ago and should have seen a lawyer a long time ago. However you may have some legal steps remaining.
In some cases, a bankruptcy may be a way to stop a garnishment. Be aware that longer term, regardless of bankruptcy, the failure to pay HOA fees usually will cost you your home. Generally, if there is a judgment, nothing other than paying or bankruptcy can stop a garnishment. (There is no way to tell you without more information if a bankruptcy is an available option or an appropriate one).
So either pay up with the HOA, or see a lawyer Monday morning and be prepared to pay the lawyer for help and advice. Since we do not have your numbers and details, there is no way to tell you which options may be the best for you.
if my washer hose burst and flooded my apartment who is responsable for the damages
Since you chose to post without even telling us who owns the washer, much less why it burst and who has responsible for inspection, you won't get a meaningful answer. Post with all facts, in the correct category.
In most cases you are.
Mr. Ashman is correct. Regardless, check your lease -- it should say who's responsible. If you have renter's insurance, make a claim.
Best of luck. *****The above is for informational purposes only and does not create an attorney-client privilege.*****
I purchased a car from a auto auction in GA. this auction holds 2 types of auctions running and non-running (vehicles used only for parts) I brought a car from the running auction, but when I went to pick it up the next day the car was non-operational (bad transmission) I contacted the auction and day about the problem. To which they told me they couldn't do anything, but offer to resell it. This seems fishy to me and upon research I found out that they have resold this car 3 times prior to selling it to me. Apparently each time the new own discovering the same problem and being offered the same solution I was. On top of which this happened over 2months ago and I still not received the title. Do I have any recourse?
That depends on the paperwork and what it says.
Calif Contra Costa County
30 years married, domestic abuse, financial abuse marriage. After 3 years my trial is set for next week. A forensic accountant wrote up documents stating personal, corporate and LLC finances of my husband. Why do I need an accountant to testify at the trial? Can't the official documents be allowed as evidence? my husband, me and both attorneys agreed to have him. I can't afford to pay an accountant. It was a financially abusive marriage. Where can I find an accountant willing to go to court on Wed...for free? I've waited 3 years and now it might be a lost cause. This means everything to my future.
It must not be important enough if you are now not willing to pay the forensic accountant.
The documents are hearsay. The accountant must testify to the facts in person.
What happens if I want to cancel a layaway plan and didn't sign an agreement
I recently had to cancel a layaway agreement. I was naive in the beginning when I was told that there wasn't a written agreement and just to send payments in when I could (plus there wasn't a specific term). I have made 3 payments that can be accounted for from my bank and credit card. The company doesn't dispute that.
I was wondering how much money I can expect to get back in light of this situation. I have paid a total of $1100. Are there any laws that give me protection in light of no agreement signed?
Re: What happens if I want to cancel a layaway plan and didn't sign an agreement
You need to see what their policy is on lawaway. It would be extremely unusual for a business to have a layaway program and not have anything written.
My husbands son from previous marriage is 17 years old. He wants to live with us full time and has been doing so already for over 6 months. We are moving out of the county from san diego county to los angeles county. His mother, who he has limited contact with, has threatened to call child services if we take him to continue living with us. Their current legal divorce has 50/50 custody. We are allowing his 19 year old girl friend to move with us. Helping them both go to college. My step son just tested out of high school.
What should we prepare for if his mother contact social services as threatened? What could they charge us or his girlfriend with if anything? What can e do to protect him and us?Thank you
Nothing you can do to stop the ex, but simply be prepared to discuss the situation rationally IF CPS calls you. The father has equal custody rights, including the right to move.
I own a home jointly with my ex-husband. We have an $80,000 home equity loan on it together as well. He would like to buy me out. What happens with the home equity loan? How is the debt figured into the buyout?
More information is needed. It depends on the terms and conditions of the loan and what that allows you and your husband to do.
I was arrested January of this year for a DUI in Cumberland county nc, I did no get a field sobriety test or a breathalyzer before being arrested. Upon being brought to the police department I took a breathalyzer and blew a .16 on the next blow it did nt register which happened a couple of times the officer then put me down as a refusal. My original court date was in march , I've hired a lawyer however the case has been pushed back 3 or 4 times including today, my new date is I. January . Question being is there a limit to how long I have to wait to go to court? I had to give up my liscence last January, will I get it back this jan since its a been a year or can the judge suspend it for more? This is my first arrest.
How long you have to wait for a court date depends on the county in NC. Each county has its own local rules. However, if you wait too long, for example, 14 months, you have a better argument that the State has violated your constitutional right to a speedy trial.
Why have you not gotten your license back by paying $100 civil revocation fee to the clerk of court after 30 days from date of revocation? Did you have a valid NC license when it was revoked for your refusal? Has DMV written you a letter yet? Maybe DMV has revoked your license for a year(you could have gotten a privilege after 6 months) but your license will be revoked another year if the state court convicts you of dwi and before you get a privilege you have to wait 45 days and have an interlock blow machine put on your car for one year because of your first blow result of .16 (we have arguments against this). My question is whether you could have gotten a refusal privilege if your state court case was still pending and I think not. Marcus E. Hill, 919 688-1941
I am in the process of going through a divorce and my attorny recently filed a withdrawl motion for lack of payment on my end. My questions is can court be postponed until I can get payment or will the judge continue the case??
It is completely up to the judge's discretion on whether or not to grant the motion. If it is granted and your attorney is allowed to withdraw, then probably the court date would be pushed back or else your new attorney, when and if you find one, could make a motion to the court to do so.
my ex-husband filed our children on this years return without my permission and i am the custodial parent for the whole year.
This is of course a federal income tax question primarily and should be directed to a tax preparer for guidance. You need to look at your divorce decree or settlement agreement to see if you are given both custody and the right to the children as dependents. I believe there is a federal tax form to fill in when this issue comes up and is improperly claimed by one parent.
In mediation I told my soon to be ex husband that I was going to move with my mom and our two boys in hopes that I would have secured a job near my mom's house. Since mediation I have not secured a job. I would like to stay in our marital residence until it sells. Our agreement says I will vacate the home on July 15th. Is there a way I can have this overturned to help provide stability for our children, instead of us moving out so he can move back in?
Generally mediated settlements are final. There is one person who will know. It's your lawyer. None of us have read the pleadings or mediation. He has.
If evidence, that confirms statements made by the accused, is purposely not reported to the accused attorney, what is the legal recourse?
It depends on why it wasn't reported. There may be no legal recourse if it didn't affect your case, or it could be that statements may be suppressed. Call an attorney in your area.
Circumstance: A friend, male aged 26 (FRED), had sex with a minor, female aged 17 (WILMA) approx. 18 months ago cheating on his wife (BETTY) in the process. Fred and Wilma are close family friends and have known each other for 10+ years. The two families are VERY close. According to Fred the sex was more than consensual. A few days, 3-5 days, after the sex, Wilma apparently had mixed feelings about it and told her parents. The parents of Wilma were very upset, threatened to pursue legal action if Fred were to every contact her again. They immediately cut all ties to each other, both families, and haven't really spoken of the event since. 18 months later to the present, no criminal charges were filed, Fred and Betty are divorced and Fred has no contact with Wilma or her family.
ISSUE: For the past 18+months Fred's ex-wife has been using this information to manipulate and blackmail him into getting her way with everything from how much child support he pays her, custody of their 4 yr. old daughter, visitation rights, personal property from the divorce, etc! When she doesn't get what she wants she threatens to go to the police and pressing charges against Fred for having sex with a minor. She claims Wilma's family has given her written authorization to pursue legal charges against him if and when Betty wishes.
QUESTION: Can Betty (ex-wife) file charges against Fred, who doesn't deny having sex with Wilma while she was 17? Wilma never claimed he raped or molested her or did anything remotely close to this, just that they had sex and she wasn't sure if she wanted to after the fact...
PLEASE HELP!!! Fred's daughter is now the one suffering at the hands of his ex-wife's manipulation not allowing Fred to see his daughter, etc. when Betty decides she's upset or annoyed with Fred.
The family has no power to give "authorization" to anyone to bring charges, but anyone with information can report a crime to the police, including his family.
He needs to consult with a family law attorney about the custody and support and divorce part of his situation. Help him find one.
He also needs to consult with a criminal defense attorney to review the actual facts and issues, and get advice on what to expect and what to do. If serious about hiring counsel to do so, have him feel free to contact me. I've been doing these cases for many years.
I had to canceled my wedding 3 months before the due date due to the groom not wanting to get married after all. I gave several deposits and signed contracts. Can I request my deposit back? The catering is refusing to return any of my deposit back even though I'm giving him 3 months notice. What can I do?
if it was less than $10,000 file aclaim in small claims/ the Justice of the Peace in your area
my husband died and only his name is on the mortgage. Both of our names are on the deed to the home. Do I have to pay his mortgage. Can they take my home?
The mortgage is the lien, which is on the property securing the note, which I'm guessing he alone signed? The deed means you were joint tenants, but the mortgage is still in place and must be dealt with. I would be happy to discuss this with you in detail. Please call me at (313)402-0853 for free phone advice and analysis. Tim Klisz
my brother and i were given a piece of property by my father before he passed away. now my brother just passed aay and i found out the a year before he passed he added his wife to the deed to share in his 50%. can he do that without me knowing/signing anything? and no that he has passed - does she still get his 50% or does the whole piece of property go to me?
To answer your question we need to know in what type of ownership the property was transferred. If each of your were given a 50% fee simple interest without any restrictions [completer title to half of the property] the that is what you got -- title without any restrictions on what can be done with it, including transferring a portion of your interest to someone else.
I don't believe it matters "in what type of ownership the property was transferred." Even if it were transferred to the two of your as joint tenants with right of survivorship, the joint tenancy would have been severed by your brother's transfer of an interest to his wife, thus severing the joint tenancy and the right of survivorship.
In any case, the answer to your first question, "Can he do it?" is yes.
The answer to your second question is a bit more complicated, and depends upon whether he had a will or trust, or died intestate (without will or trust), and what the will or trust says. It also may depend upon how he transferred the interest to his wife. Spouses can share title in ways that prevent transfer by will, e.g., community property with right of survivorship.
I see from your Zip code that you are a short distance away, and I would be happy to give you additional free advice if you contact me diectly with additional information about how he and his wife held title to their half.
For the first time in a long time, I actually disagree with Mr. Whipple and agree with Mr. Shers. If you and your brother received a life estate, and it was measured by your brother's life, then the life estate ended and the property belongs to the remainderman. If it was a tenancy in common, your brother could deed his share to him and his wife. If it was a joint tenancy, there is an issue as to the time of the recording and your brother's wife.
So, to concur with Mr. Shers, the manner in which title to property was held is relevant.
My husband is in the military and we are currently stationed in CA, we are getting a divorce and I would like to move home to AZ where I am from to be around my family. Can he stop me from moving?
Yes, he can oppose your move. The courts may have to do a complete psychological exam to determine the best interests of your child
Many elements must be carefully assessed to ascertain if your move request is viable. Please consult with an experienced family law attorney to explore your legal options.
Many elements will impact your move away request. Please consult with an experienced family law attorney to explore your legal options.
Is it illegal to have a salary and be moved to a lower hourly rate?
Unless you have a contract, no (assuming the hourly rate is at least minimum wage). Since an employee, on salary or hourly, can also be terminated it would make little sense that it would somehow be "illegal" to change the salary. There is no general right or entitlement to a job or paycheck.
How many years does an I-130 petition for married daughter take?
How about if the daughter gets divorced before the petition is made/filed in order to make it faster? Is it worth it? Thanks!
It will depend upon what your/her country of citizenship is, and whether you are a US Citizen or US Permanent Resident. More information is required.
My 37 yr old daughter has an 11 yr old son her and the father were never married she is pregnant now and we wonder if the 11 yr olds dad can try to take custody
You do not tell us whether the father has any judicially determined custody rights. The facts included in your question do not really give an attorney enough info to provide much of a response. I sppose that anyone can try to obtain custody, but the facts you give us do not leave me with the impression that the father would prevail.
I understand that the MA laws for spousal alimony support are changing. My ex-spouse is not yet fully retired. We were married for 36 years and now divorced for 10 years. He pays me alimony on a weekly basis as per court order (divorce decree). Will his amount of alimony to me change or disappear with this new law?
No, the law does not automatically change any current alimony obligations. However, depending on each parties circumstances and the specific facts of your case, either you or your ex-husband could file a complaint for modification to change the alimony terms.
I filed chapter bankruptcy in Nov 2011. It was discahrged in Jan 2012. My second mortgage was late at the time, I have made no payments since & have received not notices from them. I am under water in my first mortgage but am not behind because I was able to do a modification. I tried to do this with the 2nd & it did not go through. Can they forclose on the house even though there is negative. I have tried to make a deal/arrangement with them with no response. What are my options. Can I just continue not to pay?
Thank you for submitting your question. In order to advise you regarding your issue, I will need more detailed information. Please feel free to give me a call anytime on my cell at 516-314-1343 so that we can discuss the particulars regarding your inquiry.
I look forward to hearing from you.
Tommy A. Sirianni, Esq.
When one ex spouse dies (young) is the divorce agreement regarding college payments & support for their child still in effect? 19 year old "child" has moved to Fl from NJ to live with her dad but he has not paid his 1/2 share of college costs. We have assumed the 1/2 the mother (our daughter) would have paid? Child support is still being taken out by NJ but child never got the money & we had to support her for 6 months. I just paid her Fall college bill but want him to pay the Spring bill in full - rather than split it 50/50 this year. She is not emancipated but is now 20 & my son, the Trustee of her Educational Trust & Executor cannot really do anything because of her age. She would have to take her Dad to court? That's what Sussex & Warren Cty Courts told us & she would never do that. Question is " Is the Divorce decree regarding her education still in effect when one party dies"? Or does a death make the terms of the Divorce null & void?
You lost your daughter far too early, I am sorry to hear that. On top of that, you have her exhusband to deal with. I can assist.
His obligation to pay child support changes, because your daughter does not now have custody, she has gone. His obligation on the college costs - an interesting question. The executor of your daughter's estate may be able to take this to court and force him to pay. That is the approach I would take.
The daughter take her father to court - I understand she will not do this. Have your son contact me, he is his sister's Executor, and I will assist.
I can help you with this. And I will tell you up front what it will cost to do this for 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 telephone call and no charge for the first office visit.
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
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. 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 as legal advice, 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 incurred telephone expenses by accepting collect calls from a friend who was incarcerated. He agreed to repay the expenses both verbally, via letter and via text. Now he's changed his mind and said that in order for me to get my money, I will have to take him to court. Can I take him to small claims? The charges are almost $500.
Sure you can file an action in small claims. Before you do you should probaly determine if your friend has any assets. Generally, people in jail have no money or assets. If this is the case, you will most likely waste your time and money going to small claims court. Even if you get a judgment in your favor, collecting on it may be a problem.
What is the process to revoke someone's bail? I posted bail for my now ex girlfriend. She was caught with herion. She is still using the drug and I am very worried that she will not appear in court due to the drug use and her action.
Bail is revoked when the person on bail fails to show for court. It sounds like you wish to withdraw the bail you posted. If you used a bail bondsman call him. If you posted money with a court call that court and as what the procedures are.
John
I am a 50/50 partner in an Scorp. It is a mobile food truck that my partner owns. I am wondering if he can use our scorp and dba to profit while he calls the truck something else that is not a legal DBA? He attended a festival and was given a temporary pass based on our Scorp and current license to sell food through the state of Florida. He is now trying to create a new company name and keep all profits and has not responded to any of my questions. All of this is while the Scorp, DBA and our food license is still active.
It sounds like your rights as an owner of the company are being violated. Among other rights, if you own 50% of the company, you have the right to half of any profits generated using company assets. You should consult an experienced business lawyer, without delay, to formulate a legal strategy to ensure your rights are protected and that you get what is rightfully yours.
is obtaining a release from an individual legal if that individual was drinking prior to a signing the release.
Yes, unless that person was intoxicated to the point to be legally incapable of making sound decisions and especially if you knew the person was incapable of making a thoughtful decision.
DISCLAIMER: This is general information only and based upon limited information. Facts that could change the outcome have not been evaluated. This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of a retainer agreement hiring me or my firm.
My husband is on his father's checking, savings, and CD accounts - we just found out yesterday that his dad has terminal cancer - will any of this money have to be paid to the government when he passes away ?
There may be taxes due on the accounts when the dad passes away. If your husband inherits the money, he has certain deductions and exemptions, but there may be some inheritance tax due, depending upon amounts involved. Income tax is also due on any interest annually earned on the accounts.
A woman died in October. intestate. One of the two sons she had died a week ago also intestate. How is this handled?
An estate will need to be opened for the son and his estate will receive his interest from his mother's estate. His estate will pass to his surviving spouse, if any and his children if he did not have a surviving spouse or the surviving spouse was not the mother of all of his children.
You should consult with an experience probate attorney who can help you through this complicated process.
My son has to appear in court. The charges are 5 degree assault. He hit another man in the face after he was hit first. The assault happened in my sons own home. Doesn't he have the right to defend himself? What will happened to him? The other man involved is also being charged. Does my son need a lawyer?
Yes he needs a lawyer. Self defense is a legitimate claim to raise, but complicated legal maneuvering is involved to have any chance of success. Defense of home might also come into play. Yes, generally we all enjoy the right to defend ourselves and our home. Get an experienced attorney on board right away.
651 994 6744
[email protected]/* */
Get a lawyer. Don't talk to anyone about this. Only a lawyer.
Nathan Hansen
651-704-9600
Your son should consult an attorney who specializes in criminal defense. From your description there are issues that should be explored. The castle doctrine may apply to this situation and self defense and defense of the home could be raised. We would be glad to give a free consultation just call to schedule an appointment, remember that he should exercise his right to remain silent and not say anything to anyone until he has spoken to competent counsel. call us at 763-421-1441.
Your son should speak with an attorney with no delay so she/he can begin to assist your son. Also you should not post details of this matter on a public website. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, http://dwyerlawfirm.net
Thank you for the inquiry.
Your son should certainly hire counsel. Whether or not self defense is viable depends on the facts. SImply being in one's own home is not enough. The facts must be reviewed to determine the nature of the threat. .
A fifth degree assault is a misdemeanor and carries with it penalties of up to 90 days in jail and a $1000 fine. In addition to the possibility of jail time, an assault conviction also has broad ranging collateral consequences. As a result, it is extremely important to protect your public and criminal record.
First, if convicted of an offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.
Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.
Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.
Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.
Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution.
For a FREE consultation call 612.240.8005
Husband was caught shoplifting at Sears. The product taken from the store was under $20. He goes to court next month. We just received a letter from Neal C. Tenen saying that he must pay $150 or they will pursue legal action. This fee is claimed to be for damages against my husband. I've heard this is an extra way for them to get additional money out of people and that you don't have to pay this. Is this true? We already have to pay his fine and go to court. Why should we have to pay this as well?? What should we do?
Any money the judge orders your husband to pay is a court fine that must be paid. But before you go to court, get a lawyer. A shoplifting conviction can make him unemployable for life, and he may, with a lawyer be eligible for other options, such as pretrial diversion.
Many lawyers think the letters from Attorney Neal Tenen border on extortion (and since they prosecute anyway, payment could be treated as an admission in the criminal case). Ignore the letter and focus on getting a lawyer for court. He's flooded America with these letters from Sears/Kmart for years. While potentially Sears could sue you, the odds are slim and none.
What rights does a 16 year old turning 17 , in kentucky when it comes living situation?
None. Any minor under the age of 18 is under the control of his/her parents, and if the parents do not agree on the living situation, the Court will be asked to decide custody. The Court may take the minor's wishes into consideration when making a determination of his/her best interests.
hi my son dad was incarcerated during his birth and i was wondering what will we have to do to get my son last name change and how do we go by adding his dad name to the birth certificate
He needs to hire a lawyer and file legitimization in Superior Court.
When renting a rental property, does the pro-rating of the rent begin from the "walkthrough" or when the key is given to the tenant?
Whenever the lease or rental agreement says it begins.
There are actually two significant dates: (1) the date upon which the old, out-going tenant is no longer obligated to pay, and (2) the date the new tenant's obligation to pay begins. If #1 occurs before #2, the rent is "prorated" three ways" to the outgoing tenant, to the new tenant, and, during the gap, the landlord in effect pays himself. Generally, date #1 is determined by the later of when (a) the tenant actually vacates, often signified by returning the keys to the landlord, or (b) notified the landlord in writing as his move-out date. Date #2 is the date the landlord gives possession to the new tenant, and handing over the keys is symbolic of giving possession.
It begins whenever the parties agree it does. That's what you contract is for.
If it is my 4th offense on a dus and i have been to court for this and was fined with one day time served can i be tried as a habitual offender in another court.
If you have enough traffic convictions and points, yes you can.
I was arrested back in 2002 and I paid my fine... went on about my life and today I was contacted by a place of employment that my background check had a bench warrant on it. I contacted the county and they said they never received payment. What can I do? This was 9 years ago and no one ever contacted me about this and of course I don't have a receipt. I have even moved, had my license renewed and been called for jury duty twice and have not heard a peep about this. Heck I worked for the government for over 7 years and they do background checks and this has never came up. I am so confused!
All you can do is come up with some sort of proof of payment, like a canceled check, or pay the fine again and ask that the warrant be rescinded.
My ex-husband and I have joint custody of our daughter, who is 12, but he is the primary custodian. Our daughter does not want to live with her father any longer; her father does not want to "discuss" her moving to be with me (up until now, we've had a good relationship/communication). I live out of state (MS) but our case is in California; is it better for me to retain a lawyer to file the proper paperwork and go to court for/with me?
Yes
why is my x husband being held reponsible to pay the dept of social services money from when i received temporary assistance
call my office tomorrow afternoon as I am in court in the morning.
Tommy
516-134-1343
My daughter's biological father's name wasn't on the birth certificate until she was one and he hasn't maintained a steady relationship with her her whole life. She is nearing two years old and he is also up to date on child support, but he will go a month or a month and a half without seeing her. Will he still be able to get overnight visitation when she is two years old? Or what age will he be granted that right? And what guidelines does he have to meet?
Read the Indiana Parenting Time Guidelines at the Supreme Court website to answer these questions.
I have an old will I need to change and I have surgery in 4 days. I have no money. Can I write something and have it notarized?
yes, you can write a Last Will and Testament, and if it is wholly in your handwritting, you do not need a notary and witnesses. Only your signature and date. I suggest that you do not do this, particularly if it is not a question of being able to afford an attorney. An attorney can come to you and prepare a Will, even if you are in the hospital, and have it witnessed and notarized as required by law. In this manner, you will know your options, include things that you may not have thought about, and if you come out of the surgery incapacitated, it is more important that you have durable powers of attorney, so someone can step in and take care of you, and if you pass away, your affairs will be handled as you would like.
i am filing a motion to vacate a default judgment in los angeles county. how many days are needed from the date i file and mail the notice to counsel? one answer i saw says 14 days plus 5 for mailing. i have seen 31 days. i have seen 21 days plus 5 or 10 for mailing? i have seen 14 plus 5?
Unless otherwise ordered or provided by law, all moving and suporting papers shall be served and filed at least 16 court days before the hearing. A court day is a day that the court is open. The court is not open on Saturdays, Sundays, or judicial holidays. If notice is served by mail, the required 16 day period before the hearing must be increased by five calendar days if the place of mailing and the place of address are in the state of California. If you are mailing to a place in the United States, outside of California, it must be increased by 10 days. (Code Civ. Proc., sect. 1005, subd. (b).)
See Code of Civil Procedure 1005. You ad 5 calendar days for mailing, plus 16 COURT days. That is Court days not calendar days. Its only days the Court is open, so no weekends or court holidays."Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. "
(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or the place of address is outside the United
States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days, and all reply papers at least five
court days before the hearing.
what should I do about getting medical coverage for my son and the 11,000 dollars owed to me from the non-custodian parent?
If your decree does not specify who is responsible for medical coverage, consult with knowledgeable counsel after reviewing http://www.willicklawgroup.com/child_support.
As to collection of the arrears, note that you may also be entitled to interest, and perhaps penalties, on the arrearage. See http://www.willicklawgroup.com/interest_penalties. If your ex has any assets, or income, against which to collect, you should confer with this firm or someone else knowledgeable about collections, and seek recovery of the funds owed to you.
Does nolle pros-court opt means i have dont have a conviction?
It means the case was dropped by the state. So yes it means you do not have a conviction. It would still appear on your record unless you have it expunged though.
Nolle prosequi is Latin for not prosecuting. This means the charges have been dropped! There is definitely no conviction if the charges are dropped. If you qualify, you should hire an attorney to expunge this case from your records.
How does copyright owner proceed to license large portions to newspapers
As a Franchise Attorney I can the following. I assume you are talking about a copyrighted article, novel, manuscript, etc. The usual way is to work through an agent who negotiates the terms with the newspaper. Or you can attempt to do it on your own. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
What legal rights do you have when your opposing attorney will not close their deposition because they are
trying to push off the truth from coming out in court?
If you are represented by an attorney currently you should ask him/her this question. If you are representing yourself and need to speak with an attorney on this topic, please give me a call.
That depends upon the circumstances. You should discuss the situation in detail with a local divorce attorney.
What does assumption of meeting mean. It was written in a letter i was sent
Gobble de gook is the technical term for that.
what can I do if an attorney has not paid the doctor (myself) for personal injury treatment of clients he referred to me. When asked about the status of cases he reported them as dropped. I contacted the patients and they have all told me they settled and were paid out with the same attorney. When pressed he admitted they were settled but still continues to avoid payment. He tells the patient on the disbursment page how all their medical bills have added up and so the client has to settle for a small amount, but then never pays the medical bills. Some cases have LOP's and some dont.....thanks
For the cases that you have a letter of protection on that were settled and unpaid, you have a cause of action against the attorney directly for breach of contract so long as the LOP was properly executed. (i.e. if it requires a client signature to be valid and has a blank, you might have a problem). It is a contract action, so your attorney can also assert a claim to collect his attorney fees. You might have an equitable argument as to the ones he referred to you if you can argue that he represented they would be paid out of the settlement and you relied upon that. Otherwise, your claim is against the client. In both cases, you have a claim for nonpayment of a bill against the client also.
Promises to pay the debts of another are unenforceable unless in writing. So, you can pursue your claim against the client for whom you did not get an LOP. You may want to ask the client to assign you his rights to the settlement proceeds equal to the amount of your lien. If the attorney did not disburse those monies to the client, then you might be able to recover from the attorney.
Regardless, you will need an attorney to help you recover your fees. I represent people throughout Texas. Let me know if I can help you.
Have you tried a complaint with the State Bar? Texasbar.com
I received a summons for a car accident that took place almost 3 years ago. In the summons it states that I received a citation for the accident but I did not. The police did not even show up to the scene. Also the summons says that I was driving a golf cart at the time of the accident which I was not. I was driving a truck, not a golf cart. Are these discrepancies grounds for a dismissal?
No. Contact the insurance carrier you had at the time. If you had no insurance contact an attorney experienced in defending such claims.
The summons is for a civil suit correct? I agree with Mr. Slater contract your insurance company. Facts in the complaint which are wrong are not grounds for dismissal but they are grounds eventually for a summary judgment. You need to have an attorney handling this matter and you must RESPOND by 20 days after receiving the summons and complaint.
Hello,
My name is Kevin and I have a question regarding a letter that I have received from my landlord concerning a noise complaint from a neighbor. I have a year and 1/2 old daughter who runs in our apartment a lot and plays with her toys, occasionally making some "stomping" noises on the floor with her little feet,.or makes noise with her toys on our hardwood floor. My wife is a stay at home mommy, pregnant, and she does what she can to make sure our daughter is certainly not doing anything that would disrupt our neighbors, but simply having a good time in doing the things that kids do. My neighbor (directly below me) knocked on my door the other day and told me my child is "Making too much noise all day long and shaking everything in her apartment." and today I come home to find a letter from my landlord that reads:
"Your landlord has recently received a complaint regarding excessive noise coming from your apartment, as a result of your children. Specifically, the complaint alleges that you allow your children to run, stomp, bang and drag items throughout the apartment resulting in excessive noise and vibration to the apartment below and disturbance to neighbors around you.
While we are aware that children do play and make noise you must also be mindful and considerate of other tenants by ensuring that any noise or activity they engage in does not interfere with other tenants right to quiet use and enjoyment of their apartment. Your august 2010 lease expressly prohibits you and any individuals in your apartment from engaging in any conduct that disturbs other tenants and violation of this such provision is grounds for termination of your lease and possible eviction.
We trust that you will immediately rectify this issue and ensure that the noise and vibration coming from your apartment from your children is kept to a minimum, and that you may consider placing rugs or carpeting in the areas in which your children play heavily."
the issue that I have is this neighbor is telling my landlord that my 1 1/2 year old daughter is making so much noise by PLAYING, that she is not able to enjoy her apartment? I don't know what to do with this, because I cant stop my daughter from playing? the neighbor is constantly banging on her ceiling, my floor, in the mid afternoon around 3:30pm-6:30pm... how much noise can a 1 year old kid make? their are also false allegations of dragging things around the apartment. My wife is 5 months pregnant, and she does her best as a stay at home mommy to keep things in wraps.. certainly not allowing noise like this to happen.
Do i have any legal recourse top fall back on, or am i left at the whim of my neighbors allegations to my landlord... what can I do to make sure my neighbor doesn't keep making up exaggerated claims that my one year old daughter is causing her grief and the inability to enjoy her apartment which could get me evicted?
please help!!
Kevin Dunham
West New York, NJ
917-330-3246
I have heard complaints such as this before. Either the other tenant is exaggerating, or there is something else going on. It is possible that some apartments are constructed in such a way that the sounds heard in the apartment beneath another apartment are truly disproportionate to what would be expected. I would suggest politely asking your neighbor if you could observe the sounds. You can tell them that this is so you can take steps to rectify it, such as by placing some area rugs or additional carpeting on your floor. Then have your wife allow your daughter to play, while you observe the sounds and vibrations. Ask your neighbor to point out some of the sounds/vibrations that she is referring to. I suggest that you have your cell phone with you so you can ask your wife to walk around certain areas of your apartment and simulate the types of things that your daughter would do, while you observe the sounds you hear below. Then you can assess if there is any merit to what your neighbor is saying. If there is merit, then you can take steps to rectify the situation. You can ask for your landlord's input, since they are partly responsible for renting you a unit where sound carries in an unreasonable way even when there is normal usage. They would also owe a duty to the other tenant for renting her an apartment that is so sensitive to what would otherwise be normal sounds. If there is no merit to what your neighbor is saying, then at least you will know. If your landlord ever tries to evict you, you will have the opportunity to appear in court to defend, and you will be able to tell the judge about your little experiment. I suggest that you bring an unrelated witness with you when you go to the neighbors apartment, who can also make observations. Then that same witness can appear with you in court to substantiate your testimony. If you are served with an eviction complaint, I suggest that you consider seeking the advice of an attorney who handles landlord/tenant matters. Good luck.
Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.
My sister in California just passed away with no will
She had no children
Her husband of 30 years passed away 3 years ago
Her father and mother are deceased
My brother and I are her only survivors
She owned a house with her husband joint tenancy with right of survival
This home she inherited from her mother
Who will inherit her estate
If she lived in CA, you need to consult with a CA lawyer and have the estate opened there. Louisiana law is much different that CA law, especially in the area of successions.
can you help me understand how healthcare is related to the constitution. not the recent aca decision, but in general....
This is not a place to ask homework assignments for school. It's for your personal legal problems. Hint: If you read the recent Supreme Court decision (and the several lower court decisions that led up to it), you'll find extensive answers there.
I am just trying to see if I have a retaliation case.
you must provide factual information to determine if such a case may exist. I suggest yoiu you speak with an attorney versed in employment law to discuss the particular facts involved in your matter.
Why would a woman need her ex-husband's birth date and birth place in the state of Georgia?
Since you chose to post no facts or background, obviously no one here will know (or even be able to make a wild guess). Ask her.
We are filing chapter 13 bankruptcy. We know we will pay back 100% owed due to our income so all of our creditiors will get 100% of what is owed.. In order to minimize our monthy payment my husband wanted to pay down one of credit cards prior to filing. We met with our lawyer today who screamed at us saying he told us not to do this as it shows preference ( he never told us not to do this). since everyone will be getting 100% is this really an issue.
This is not a preference. Section 547(b)(5) says that a payment is not a preference if the creditor receives "more than such creditor would receive if - the case were a case under chapter 7." Here if you are already paying 100% in the Plan, then they are receiving an equivalent amount. This payment will have to be disclosed in the Statement of Affairs for the Trustee's review. Certainly an unusual fact pattern, but I can understand why the payment was made.
