In the state of Pennsylvania if a brother and sister have jointly ownership of a piece of property and the brother has been the only maintaining it and paying the taxes on it for 39 years, can he own it outright?
Unless his sister agrees then you need an attorney to help with a strategy.
Contact me if your in southeast Pennsylvania.
I was given an offer letter to start on Feb 1st. In Ga. Gave a 2 week notice to my former employee where I had been employed for 4 years. Received a call on Jan. 30th that they are closing the office I was given an offer letter for and therefore I would not have a job. I'm a single mom with 2 kids. They recruited me from my job, Is there anything I can do about this?
They are closing the office, so there is really nothing to be done (and unless there is a firm contract, job offers can be rescinded anyway). Changing jobs is always a risk.
How do I legally change the spelling of my first name by one letter?
File a Petition for a name change.
There is a statutory procedure which you must follow, regardless of how simple the change is. It involves a court hearing and is not easily done without the assistance of an attorney.
My ex is pregnant and she says im the fatherof the baby. I dont think that she is fit to rase a baby. I want to get sole legal and sole physical custody of the child. She has been arrested for fighting. Her mother has felonies over drugs, burglery, and even more extended criminal history. Her uncle has posted half naked pictures of girls that look really young on his facebook. The uncle has also been in troube for selling drugs. My ex has also been talking about dropping out of highshool. Do i have a chance at winning full custody of my child?
There is a chance. You'll have to establish paternity and convince the Court that you can provide for the child.
Good luck
Yes, but you must hire an experienced family attorney to file a paternity case to see if you are the father, and if so, to get custody.
My husband is being charged with PC 209 b.
They just came with a deal trying to offer him 60 years to life. People say the first deal is always high but I'm quite sure we will need a lawyer who can help fight for his life and get him a lower sentence what should I do I need help. He's currently represented by court appointed at the moment
Any attorney that answers or responds to your question would have to hear all the facts and pose several questions, before anyone can tell you how to proceed. Obviously, this is a serious charge, and one I call a "Life Changer". Call an experienced and dedicated criminal defense attorney at once, and then you will begin to FIGHT for your husband. I wish you well......David Wallin
Ouch.
Without knowing any of the facts (and DON'T post them online), there's no way to know if their offer is ridiculous or not. As you know, 209(b) carries a life term and either he has strikes or other charges and allegations to get him such an exposure. He absolutely needs the best criminal defense attorney he can get. You can search here or in a website (avvo.com) for a local criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Please pardon any typos - posted via mobile device.
I agree with Wallin and Dane. From your zip code it looks like you live in the Bay Area. I have nearly 30 years experience in Bay Area criminal law and I have experience with 209(b) defenses. We certainly should not discuss the facts of the case on line. If you are considering hiring an attorney you may call me at 415-336-7534 for a free consultation.
I'm applying to get my fiance to the US on a K1 Visa (Form 129F). If this is approved can we have an unofficial church wedding in Indonesia before coming back to the US to officially marry? Could this jeopardize her ability to enter the US?
I don't see that a non-solemnized (unofficial, not legally binding) "ceremony" would jeopardize the K-1. As long as you are not legally married anywhere else in the world, you can enter as a fiance in the U.S.. You must marry within 90 days of arrival & file the adjustment of status "package" immediately after that. Feel free to contact my office if you have any questions.
I need help my son Austin is 3 and has been telling me that his moms boyfriend is hurting her so i contacted dcf and they got involved with it all long story short i went and filed an op against her because she was subjecting Austin to domestic violince and the case worker told me that's what i should do ... and now i find out 2 days before we go to court for the op that this guy beat her and is on the run from the cops.... she had to go to a safe house with Austin... we have joint custody of Austin and he resides with her. what way could i go about doing something fast so i can rescue my son from this .....please help me im freaking out we got court at 130 tomorrow afternoon do you think the judge will do something about this?
You need to hire an experienced family law attorney to modify custody.
I got a credit card for a friend for his business. He agreed to pay the bill but now he has stopped paying on it. Can I take any legal action against him?
Waht does your written contract with him say? That contains your answer.
Is there any laws about changing the locks on door? Basically kicking him out.
Without a court order of eviction or partition, if one spouse locks the other out, it could be views as abuse. That abuse could get the one that changed the locks ordered to leave and not return without a court order. Talk to the attorney handling your divorce, Before you do anything like this.
Good luck
How is the property titled? In other words, who owns the property? Any owner has the right to change the locks, but this is usually not the best thing to do. If there has been abuse, you might be better off filing for an Order of Protection. You definitely need to consult with an attorney in your area. I have handled hundreds of such matters over the last 36 years, and you may contact me directly for a free telephone consultation.
If I am already incorporated in another business, can I start a new one under that auspice with a DBA?
What do you mean auspice? You can't legally register a DBA that is the name of a corporation.
Your corporation can have a DBA under it, if that is what you are asking. Just remember that merely registering a DBA or proper entity with your county or state does not protect that business name as a trademark. I would certainly make certain to clear the name before you start spending any money on it.
Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a brief article from Fox News on the importance of the due diligence process and a guide on how to choose a strong trademark.
http://www.lanternlegal.com/trademark_due_diligence.php
http://smallbusiness.m.foxbusiness.com/quickPage.html?page=20969&content=26793940&pageNum;=-1
http://www.lanternlegal.com/test_trademark.php
I would suggest discussing your plans over with counsel in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I purchase a house and put the deed (stupidly) in joint tenants with another person. The verbal agreement was that the other person would live there and pay taxes, insurance, and utilities until such time as they could get a loan and cash me out or we could sell the property and he could keep all equity above my purchase price and costs. 3 years later and he wants to do neither. What can I do and what will it cost?
The answer to Part One of your question (What can I do?) is twofold. First, there is a kind of lawsuit complaint called "purchase-money resulting trust" in which someone who paid X% of the down-payment for property, but would up with only Y% (a smaller number) ownership as shown on the public records, can ask the court for an order se-setting his or her ownership percentage to reflect the actual source of the purchase money, i.e., the down-payment.
An example I often use is that J.D. Rockefeller has heard that oil has been discovered in Texas, so he sends his trusted clerk, Bob Cratchit. off on the morning train to Houston with a satchel full of C-notes. Cratchit buys several ranches in the new oilfield, but since he doesn't remember how to spell Rockefeller, he puts the ranches in his own name. When Rockefeller finds out, he sues Cratchit and the court finds that Cratchit isn't really the owner; he simply holds the properties in trust for J.D., and as trustee of the resulting trust he has a duty to convey the properties to the trust beneficiary, Rockefeller. Note that the term "resulting" does not mean "result from" or have anything to do with the everyday meaning of the word. Instead, it comes from another meaning of its Latin roots, something like "leap backwards" (compare the "sault" in "somersault" to the "sult" in "result"). A resulting trust is one that, although found by the judge today, really came into existence with, and at the time of, the purchase. Thus, the court's role in a purchase-money resulting trust case is not to "impose" the trust on the property, but to find its existence.
If you paid 100% of the purchase money (down-payment) with your own funds, you have a pretty good claim for 100% ownership of the property. The other person's defense might be that you make a gift of 50% ownership. Such a defense might succeed if the relationship between the parties was husband and wife or parent and child, or if there is any documentary evidence of your intention to make a gift of a half interest.
OK, so a suit to find a purchase-money resulting trust is thought #1. If the facts don't support a claim for a PMRT, the fallback is a lawsuit for "partition" under the statutory provisions of the Code of Civil Procedure, sections 872.010 - 874.240. A partition suit is the usual remedy for a co-owner who is no longer happy with the situation. This kind of lawsuit is called a "partition action" because in older times when most of us lived on farms and ranches and there were no zoning or subdivision laws, courts would simply split the property into parts and award the former co-owners smaller individual parcels. This is rarely possible nowadays so instead courts are authorized by statute to order the property sold, and then the net cash proceeds are distributed ("partitioned") to the former co-owners. The court will take evidence to determine what portion of the cash proceeds each former co-owner is entitled to receive, taking into account one owner's excess contributions to costs such as mortgage principal and interest, property taxes, insurance, necessary maintenance, and in some cases, improvements. The court will also consider division of any net rental income received by one former co-owner from third-party tenants that oughtta be split.
In your particular case, whether to sue for PMRT, for partition, or both in the same suit, is a question that is best determined after review of how the down-payment was made, the relationship of the co-owners, and maybe a few other considerations.
As to what it would cost, that's sort of like asking "How long is a piece of string?" The other party in such cases often agrees to a realistic settlement soon after being served with the lawsuit and realizing what the outcome will be. In such a situation, which is rather common, I'd say a couple thousand. On the other hand, if the defendant digs in and litigates to the bitter end (much less common), fees and expenses could rise well over $10K.
Please feel free to contact me personally for a further review and a proposal to handle this potential case for you. Among other things, I am in Sacramento fairly regularly on other business and I could represent you in a case there without charging for travel time or costs.
Can I use spy wear as evidence in California to convict my child's father of child abuse? My child is three and is being threatened by his father whom is sexually abusing him. Also has unmonitored visits from the court. I can"t prove anything because my child is afraid to talk because he is being threatened by his father. What can I do?
I would use caution. If there is a recording without the father's permission, it will be inadmissible in court. You may want to speak to law enforcement and have them assist you, as they can obtain a warrant and get the information they need without violating the law.
The decision to charge someone with child abuse is made by the district attorney after getting a report from the police. The DA will only charge the father if the police present sufficient evidence to get a conviction. You ought to to the police or to child protective services if you think your child is being sexually abused.
can a company send a mass email to several of its potential customers exposing my personal email to multiple people I dont know?
Maybe and maybe not. With the limited facts given in your description of what happened, the description could cover perfectly harmless sharing that the company could reasonably have considered intended when the obtained your personal e-mail (much as what happens when LawGuru distributes questions to its participating attorneys, who are of course answering these questions in the hope of locating new clients). On the other hand, your description also covers information-sharing that could easily fall under the heading of negligent disclosure of sensitive personal information. or worse.
if I give a sixty days notice to terminate tenancy to my tenant and the tenant doesn't want to continue paying the rent what can I do to make the tenant to pay the rent?
3-day notice followed by eviction. Hire an experienced eviction service.
I live in California. My mother died in Nevada in August, 2012 and my sister in Nevada is executor (trustee) of my mother's estate. I have never seen an accounting of the estate, but I would like to have one. Is it my right to get a full accounting and how do I go about getting one? Additionally, my sister had my mom's power of attorney for 3 years before she died. Am I entitled to see an accounting of those funds?
The answer depends on the amount and type of estate, and whether a probated Will or privately administered Trust was involved. Your attorney can explain further.
Can landlords lie about pass crimes in the house to new tenants
Can they? yes. Depends on what was lied about and what you want to do. Cancel a lease? Then undisclosed murder may be a basis. A drug deal gone back, probably not. Seek some legal advice with your actual facts.
Hi, I currently stay in an apartment with my children and myself. I stay in the state of IL. I have not had heat in my apartment since winter, and there a hole in my roof and come to find out squirrels have been n my apartment, they put an hole from the roof that goes to my kids closet. Last Monday there was one on my daughters bed. Not to mention I have a son with Asthma whoes been sick for the last past month. My landlord knows all this and refuses to do anything. I contacted the health dept which they didnt do much. I plan to move but it takes time and money to do so. Can I take my landlord to court, or what shoukd I do Now? Thanks
Under the Illinois Residential Tenants' Right to Repair Act you could have some of the work done yourself and deduct a portion from rent, but unless this is an emergency situation must give formal 14 written notice to the landlord, and wording it properly could be tricky, and even if it is an emergency requires notice after the work is done. As to moving out instead, you would be wise to again notify your landlord the apartment is uninhabitable before doing so, and again this is something you should have an attorney help with. Moving because of conditions like this is a defense to a later lawsuit by the landlord for unpaid rent, but generally filing a lawsuit to get these things fixed is also tricky and requires a court to order the landlord to do things that the statute above give you some rights to do and which the landlord could also delay in court. Please with children involved --- SEE AN ATTORNEY.
I was just served with divorce papers and a restraining order. I can't see my kids. What do I do?
Hire an attorney and either ask for temporary orders or mediation. Look on this website and on www.avvo.com for an attorney in your area.
www.familylaw4u.com
When I applied for my social security benefits as a veteran I was not aware that I was listed as disable. Do I need to reapply to get additional benefits
Cannot answer the question. It depends on the type of SSA benefits you are receiving. Contact SSA direct.
I need a form to file with the court for disinternment / reinternment in the same cemetery in Los Angeles county. I do not know the name or number or where to find this form
There is no such form. You have to prepare a formal petition in proper format on pleading paper.
I am evicting a non paying guest from a house I inherited from my father. They have been served their 30 day notice to vacate. I have personal items in the house that I would like to have. Guest refuses to allow entry. How do I retrieve my clothes, tax files, and bank statements without violating any law--since I don't seem to have any at this point. Police assistance???
You may have to wait until the court awards you possession or the guest surrenders possession. In my experience, the police call these civil disputes and do not like to get involved.
Do police have a right to search my vechile if they are arresting me inside my work place no where near my vechile?
I would need all the facts to give you my opinion on whether the search would stand up to a 4th amendment challenge. There are many ways the officer can search your vehicle without a warrant. Feel free to contact me for a free consultation.
My Fiance was arrested in Oklahoma by the US Marshals for an outstanding warrant in Oregon. He is being charged with " Fugitive from Justice" in Oklahoma. while being held in jail because he refuses to sign extradition papers. What exactly does the Fugitive from Justice charge mean?
It means just what you said it means. He has an outstanding warrant in another state. However, he is not "charged" with that in Oklahoma. He is just being held in jail for that reason.
Jan. 25, 2013 I started 12 months probation for simple battery (misdemeanor Polk County Fl). My probation ends 1/24/2014. Conditions of this included a mental health evaluation and monetary payments for cost of supervision. During my monthly visit Dec. 7 2014 my P.O. advised me to complete my evaluation and to pay my residual supervision cost of $395.65 by Dec 20 2014.
Due to life situations, I was not able to complete this until Jan. 8, 2014. This same day I had my last visit with my P.O. We were able to verify that my evaluation was complete along with payment in full. She told me that my probation would end 1/24/2014 as scheduled but I may get a summons to appear in court. She advised if I did get a summons to go to court, take my paperwork for the judge to see and everything would be all right.
Today I received a summons to appear to answer for information charging me with probation violation, where on Dec. 23 2014 my P.O. gave sworn statement that I had a arrears of $395.65 & that she had no record of my evaluation. Both of these issues have been completed & were verified with her Jan. 8, 2014
She also has a third violation of showing a $9.33 arrears for failing to pay for drug testing fees. Per paperwork given to me at the start of my probation, I was ordered to pay only for testing ordered by officials if I was in treatment. Any drug testing done during the last year was included in my supervision fee.
I would like to know the best way to handle this $9.33, which I do not owe. Also, is there any way I can provide the court proof I did comply in a timely manner to the P.O. issues and not have to go in front of a judge? Since I do have this court date would I still be on active probation or could it be terminated on the scheduled date as my P.O. advised.
It sounds like that if you go to court with ALL your paperwork showing you have completed everything (do not count on your PO bringing it, as they probably won't), then the judge will likely terminate your probation. If you haven't paid that $9, then pay it. If you have proof or if your PO agrees that you have paid it, then bring that proof or get proof from your PO.
I live in the state of LOUISIANA. I married and divorced a lady. During our marriage we purchased a house. We seperated and after almost 10 years of marriage we finally divorced. I filed for the divorce and it was uncontested. I continued to live in the home we purchased and she moved out. About a year after the divorce she passed away. There were no children born to this union and she had none prior to it. My question is since our home was community property prior to her death and there were no descendants. Does any of her siblings have rights to her half of the property or does it all go to me the surviving ex-spouse?
Assuming that she died without a will, her interest in the house would go to her siblings.
in NJ 3 people have there names on a deed one person die , do the decease person portion go to there aears
It depends on how the title is held. If a properly drawn deed says that the three owners are "joint tenants" then the remaining two divide the decedent's share. If the deed says "tenants in common" or if it is silent on the matter, then there is no right of survivorship and the decedent's 1/3 share goes to the decedent's estate.
See also: http://info.corbettlaw.net/lawguru.htm
My husband's license was suspended due to a 2 failure to appears. He then recieved DWRL. What should he expect in court? He has no DUI. The original court date was for running a stop sign. Also any advice?
What should happen and what will happen are two different things. Presumably he drove after he knew his license was suspended. So what should happen is he should go to jail and never be allowed to drive again. However, if he hires an attorney, takes care of the two tickets like a responsible person would have done - he may have an opportunity to have the current DWLR charge resolved so that he has no further suspension and can get his license reinstated. If he doesn't do this and continues to ignore the tickets, he will most likely continue to drive and because he does things like runs stop signs, he'll get stopped again, accumulate additional charges of DWLR, become permanently revoked and at some point a judge will say enough of this and throw him into the pokey.
The best advice is to hire a lawyer who may be able to combine all outstanding tickets and pursue a strategy to resolve them in a manner in which (1) saves him money and (2) minimizes the negative impact to his driving record such that he may be able to qualify to regain his license after likely paying some court costs and fines. This really is not something he should pursue on his own.
I want to relocate with my 9 yr old daughter. I will still be in pa but instead of being 20 miles away from her dad. I will be 173 miles away. He only gets her every other weekend and every other week over the summer. Which would not change. I have full custody.What do I have to do to make it legal.
You would have to petition the court and file and affidavit for relocation. Sorry things are going to change you've just added 600 miles to somebody's driving for custody exchanges.
By the way what is full custody? I don't think you have the custody you think you have.
John
When a married couple are new parents, who has the legal right to name the child (first and middle names, last name is not in question)?
I am not aware of a law on this in PA. I would assume that the custom in America is that both parents of the child discuss this and work out a name which is mutually satisfactory. Other cultures may have some sort of preference for mother or father but I am not aware of any in the US.
I am in a divorce suit now.I am 100% disabled,I draw military disability along with social security disability.I am not able to work.Is my spouse entitled to any of this for alimony.I am my own lawyer and she has a lawyer.
This money can be used as a source to show ability to pay alimony, yes.
The Court looks at each parties' total financial resources when determining alimony.
You should retain counsel. If things go badly, you will not be entitled to a "do over".
the new tenant wants to change propane companies even though I informed her to contact the existing company. we have a deal with the existing company to return the propane to our name in the event the tenant leaves. do we have the right to insist she uses the current company?????
Unless you said that in the lease with this tenant, I think that they can change propane companies.
Hello, My ex and I have shared custody. I have ultimate decision for education, health, discipline. Per newest court order, our son's passport must be kept in a safety deposit box to which we both have access. International travel is unrestricted during our respective time shares (with notice to other parent). The ex took the passport out of the safety deposit box in March (to travel with the child) but failed to return it. I have sent several emails and asked for the passport to be returned. The ex refuses. Traditionally, the ex uses possession of the passport to extort money from me that I allegedly owe. I have filed a motion for contempt but the earliest court date is end of July. I have booked a flight to Europe with my son in June. So that's not going to work. What motion do I have to file to retrieve the passport immediately? I don't know if this is enough for an emergency motion. Or is this an emergency because I stand to lose several thousand dollars if we cannot travel. Any other motion I can file? Temporary injunction of some kind? ( Further info: the ex was found in contempt for the same passport issue last year). Thanks for any help.
File it as an amergency due to time pressure. Use of a lawyer is recommended
is staying at the ymca lobby for a few hours each morning to wait for work legal?
Yes, Unless you are asked to leave. Then you become a trespasser.
My wife and I have recently separated amicably and reside in NC. We have a 4 year old. She is considering taking a job offer in Colorado. I would not consent to our child moving to Colorado. Does she have the right to take our child with her if she accepts the job in Colorado? Thanks.
Depends on what your Separation Agreement says - if you have one. If you don't have a separation agreement or if you do but the agreement is silent on the issue of taking the child out of state, then your wife can take the child where ever she wants with or without your consent (and so could you for that matter). You need to consult with a family law attorney ASAP and get some form of temporary custody in place or at least an injunction to prevent wife from leaving with the child.
Does only the executor/executrix attend the probate of a will or can other individuals(relatives of deceased) attend if they request same to the attorney probating?
Why does it matter who attends? I don't get this.
Probate of the will involves the process of the executor submitting the will for probate (filing it with the court) and applying for issuance of letters testamentary. Whoever is named in the will gets to be the executor unless the will does not name someone.
If the will is invalid or some other challenge is to be brought to the will, then the person seeking to do this needs a probate lawyer and would need to file either written objections to the probate of the will or a will caveat.
So I don't understand why the relatives would even want to be there and even if they are physically present this is not going to have any bearing on anything unless written objections are filed or a caveat brought.
ideally, the executor ought to sit down with the beneficiaries under the will or notify them. Notice has to be sent anyway under the Orphans' Court rules.
Once the will is filed, the beneficiaries or heirs or anyone else can go to the courthouse and see the will that has been filed. This is a public record. After about 3 months from the issuance of letters testamentary, an inventory of the decedent's assets should be filed with the court. This also is a public record and anyone can see it.
Administration of the estate differs from probate (which is just proof of the validity of the will and filing). In estate administration, the executor's job is to figure out what the deceased owned and owed, publish notice to creditors, pay any just debts/claims of the deceased and oversee the orderly transfer of the net assets to the heirs/beneficiaries. That is it.
If there is an estate attorney then the attorney is supposed to work for the benefit of all beneficiaries of the estate as per the will. It is the attorney's job to assist the executor by making sure that the inventory & accountings are filed timely, publication of the notice to creditors is done and so on. If there is an attorney involved, then things should be handled properly I hope.
If you are a beneficiary or heir and have questions, then you need to hire your own probate attorney who practices in the county where the estate is or will be pending. That attorney can obtain a copy of the will once it is filed and can communicate with estate counsel if need be.
My ex-girlfriend is due in September. She wants to put the baby up for adoption as I do not. I want to raise my child. How can I prevent adoption and get full custody of my child after birth?
Before the baby is born you can file a document with the State of Texas stating that you think you are going to be the bio father of a baby about to be born. Normally to terminate a man's parental rights this search must be done. If you file this document, then it puts the world on notice to contact you. I cannot remember the name of this document. I'm sorry that I also cannot remember the name of the govenrment agency assigned to handle these forms. I think it is free or very little money to file this document.
And, you need to find an attorney NOW to file paternity once the child is born. Look on this website & on www.avvo.com for an attorney. They are the 2 best free websites that I know of currently.
I hope this info helps.
www.familylaw4u.com
it is thetexas paternity registry. http://www.dshs.state.tx.us/vs/patreg/
If a husband fathers a child outside of the marriage, and the wife just finds out, what legal course against the husband happens?
The wife will probably want a divorce. Or are you asking about the parentage rights as to the child fathered outside of the marriage?
The husband will be responsible for support and maintenance of the child from another relationship. Obviously, the parties to the marriage should consider marriage counseling and a review for the relationship is in light of the foregoing.
Our Private Drive needs several potholes filled + a few tree stumps that have grown through the asphalt. One of our three homeowners has bee battling cancer and cannot pay any of his share at this time. If we post signs stating ENTER AT YOUR OWN RISK are we still at risk for injuries to guest/service vendors? I am in Pensacola, FL.
Many thanks!
You would need to mark and make known the problems to avoid most liability. You wont be preventing any and all claims, as you may still have some comparative negligence for damages notwithstanding our notice. The Enter at your Own Risk signs are not sufficient to eliminate any and all problems. Seek some advice from a Personal Injury attorney in your areas.
MY MOTHER PASSED AWAY IN APRIL OF 2011 ME MY SISTER AND MY NIECE WHO IS MY SISTERS CHILD ARE ON THE DEED NOW BECAUSE IN INDIANA THE PROPERTY FALLS TO THE CHILDREN" MY PARENTS ADOPTED MY NIECE WHEN SHE WAS A CHILD" ME AND MY SISTER AND ONE OF HER CHILDREN WERE LIVING HERE UNTIL JULY OF 2013 WHEN MY SISTER MOVED OUT, HER SON IS STILL HERE AND MY SON WHO JUST GOT OUT OF PRISON IN AUG OF 2013 AND HIS NOW WIFE LIVE HERE ALSO, MY SISTER WAS PAYING THE MORTGAGE AND I AM PAYING THE UTILITIES AND PROPERTY TAXES, NOW I AM STUCK PAYING EVERYTHING AND TO TOP IT ALL OFF SHE HAS LET HER DAUGHTER MOVE IN ALSO, SHE SAYS THAT IF I KICK MY SON OUT SHE MAY MOVE BACK IN AND PAY THE MORTGAGE, I DONT FEEL LIKE IM OBLIGATED TO SUPPORT HER CHILDREN AND SHE KNOWS THIS , WHAT ARE MY RIGHTS? WHAT CAN I DO , pPLEASE HELP IM FILING CHAPTER 7 BECAUSE OF ALL OF MY DEBTS , AND THE MORTGAGE IS STILL IN MY MOTHERS NAME AND IF I TAKE A HARDSHIP WITHDRAWAL FROM MY 401K TO PAY IT OFF MY SISTER MAY TRY AND FORCE A SALE TO GET HER PORTION I DONT FEEL AS THOUGH SHE IS ENTITLED TO ANYTHING, I HAVE LIVED HERE HELPING MY PARENTS SINCE 1980, SHE HAS ALWAYS BEEN IN AND OUT AND NOW SHE IS KILLING ME FINANCIALLY, ME AND MY MOTHER HAD TALKED SEVERAL TIMES BEFORE SHE DIED AND SHE SPECIFICALLY SAID SHE WAS LEAVING THE HOUSE TO ME , MY SISTER IS ON SSDI FOR "BI POLAR" AND MY MOTHER DID NOT TRUST HER TO TAKE CARE OF THE HOUSE AND SHE ALSO DIDNT THINK THAT MY SISTER COULD OWN PROPERTY BEING ON SSDI PLEASE PLEASE PLEASE HELP, I AM GETTING RAN OVER AND I DONT WANT TO LOSE MY HOME I HAVE TO FIGHT THIS
None of this makes any sense. If your mother died after her husband and without a will, the house went to the 3 of you, her children. You were obligated to inform the bank. A dead person cannot hold a mortgage. That would have forced a buy-out. You would have had to give your sister and your niece, each, 1/3 of the equity in the house and assume the mortgage. This would have been FAR less expensive to do 3 years ago.
Your sister CAN own a house but CANNOT have liquid assets of $1,500 or more in any calendar month without disqualifying her from Medicaid for that month AND causing her to owe money to SS. The only way around this is with a special needs trust.
I've been cited for Failure to Obey a Traffic Control Device - Red Light Photo Enforcement (WA state, RCW 46.61.050). I did not go straight through the intersection; I was turning right on a red, but it was a rolling stop. Does that fall into that category?
I'm afraid so.
RCW 46.61.055 (Traffic control signal legend).
(3) Steady red indication
(a) Vehicle operators facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control area and shall remain standing until an indication to proceed is shown. However, the vehicle operators facing a steady circular red signal may, AFTER STOPPING proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement.
(emphasis added)
That doesn't mean there might not be some other way to beat the ticket. But generally the camera tickets don't go on your driver's record anyway, so for many people it makes more sense to just pay it than to take time off work, or hire a lawyer, to fight it.
387.100 Inventory of ward's estate.
We received a letter from the clerk stating we needed to file an inventory of my father-in-law's estate. Everything was left to my mother-in-law and I need to know what specific document I need to have her file.
I'm sorry for you and your family's loss. You will need to use, complete, and then file to copies of Form AOC-855 with her district clerk. You can access such form at the following link:
http://courts.ky.gov/resources/legalforms/LegalForms/855.pdf
I hope this has helped.
Take care,
Theres a woman that insists on telling my personal business to everyone. Ive asked her to please stop,yet she continues. I stopped answering my phone when she calls. Now she has other people call to check up on me and she has even called and filed a welfare checkup with the sheriff dept. ive not had anything to do with her in many years yet she persists. She refuses to respect my personal boundaries. What legal action can i take?
None except file a harassment police report
A now ex roommate/ex boyfriend owes me over $7000 in rent along with $5000 for other things. This person was and still is on the lease that states they are to pay half of rent and have yet to pay any of it. I do have a paper trail showing I payed everything, I payed the full amount because I did not want to be evicted. I know he has no amounts coming out of his bank accounts to me or that where for rent or that equal any a out that would be used for rent. I also have messages from him stating how much money he owes me and for what. I also would be willing to record a phone call for proof. What can I do to get my money back?
Best course of action:
Have an experienced Business Attorney send him a Demand Letter for full amount of claim, and if there is no adequate response, follow up immediately with litigation ( lawsuit ) for all amounts, plus interest and court costs.
Call or email for no charge consultation.
It appears this is not an issue that will readily be settled in a out of court manner. Conciliation court legal issues are 'capped' at $10000. It appears initiating a civil lawsuit in district court may be appropriate. It is good that you have documentation, of course. I suggest you have attorney assistance at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Law Attorney, Minnesota Debtor Creditor Law, http://dwyerlawfirm.net
The quickest and cheapest option would be to immediately sue them in small claims court. While your claim would be capped at $10,000 in small claims, you would save on filing fees and get a quicker hearing date. While small claims court is setup for people to handle disputes without an attorney, it is still best to consult an attorney to help you handle the complaint and service of the action on the other party.
You will likely need to sue him. Conciliation court should be considered, due to the cost. You would need to reduce your claim to $10,000. A suit in district court could be for the full amount. You also need to do a risk/reward assessment about the likelihood of collecting.
I hired a general contractor to remodel the kitchen in my home. During inspections he had multiple code violations and eventually abandoned the job so I wrote him a letter highlighting the issues including abandonment and explained he was not allowed to come back. He never contacted me to ask if he could resume the project, and never called me since receiving my letter. It has been over 5 months since he left and I have since hired other licensed contractors to complete the job and it is near finished. So far, his bond has agreed that the contractor did not follow trade standards in workmanship but the bond co. also claims that can't clearly determine the contractor abandoned the job. He was paid $6000 out of the contract price of $13,900. Should I file a Notice of Completion or Cessation and can he still file a Lien?
The first question I had is did it cost you more that the 13,900.00 to finish the job and if so how much more. Next how long was the job to take and how long did it actually take. I am trying to figure out what your actual damages might be. If you would like to discuss this matter please feel free to call me at 818 345-0123 or e mail me through our website at gertzandlaurie.com
I was wondering if you could give me some advice on how to handle a divorce situation. I got married at 16 because I was bribed by my mother and at the time step father to marry a man 10 years older than myself because he had money and promised to take care of me and my family. Very shortly after I was forced in to this marriage he began to get both physically and mentally abusive to me. He has been arrested once for beating me and leaving marks. He's also had a protection order against him from me because he threatened my life and the life of my family when I finally got the courage to leave him after staying in the abuse for 4 years due to being terrified of what he would do to me when I left. We've been separated now for 5 years and he refuses to sign divorce papers. I have no job right now and I have no means of paying thousands of dollars for a divorce just because he refuses to sign his name. I want NOTHING from him except for him to just give me this divorce so that I can move on with my life and not have to look over my shoulder constantly to see if he is still stalking me. How can I go about getting this handled without having to spend more than $500.00 dollars?
You do not have to have your husband consent to the divorce. You just need to file the papers and have him properly served ... this can be done by the Sheriff's office. After 30 days if he does not file anything, then you can file for a default judgment. The filing fee will be around $160 to $225 depending on your county. Depending on your income, you may file indigent status and not have to pay.
I was a passenger in a motorcycle accident back in May 2014, I got injured and the insurance company for the bike said I had to pay my own bills and then they would
evaluate my claim. I think I have received all bills totally $9,000. I thought I would get
your opinion if I should have them close the claim and hopefully get paid. Your thoughts please?
It depends on what kind of coverage existed at the time of the accident. You need to hire an attorney to review the paperwork and information related to the accident and the coverage.
You need to consult with a personal injury attorney who handles motorcycle cases. The attorney will need more facts about the wreck, why it happened, the nature of your injuries, your medical treatment, your current medical status, whether you have any permanent impairment as a result of your injuries and the amount and types of insurance that apply to the claim. You act promptly to preserve any applicable time limits.
my girlfriend took our child and left home seven days later I still cant contac he whay can I do
If you believe that she is or the child are in danger, contact the Police ASAP. If you think that she just moved, then you may need to hire someone to investigate for you. Once found, you can petition for custody of the child.
Good luck
Can a detective get selling of cds dismissed from court and do you have to testify in court after helping police. If you decide to help police department what happens
There is no if this happens then this happens in law. You could help this detective and never have to go to court or you could help him and get nothing in return. This is why you should not handle anything without a lawyer. Call me at 732/773/2768 to discuss further.
Can a parent be legally asked to leave a curricular activity held during that parents specific patenting time (Saturday soccer game
If you do not "behave" then the people in charge can ask you to leave. Unfortunately, you have been very unclear about the circumstances. Therefore call an attorney in your county for further advice.
I just got charged with possession of a small amount marijuana. This is my first offense and was wondering what is going to happen because I am about to graduate college and am worried this will cause problems when I start searching for jobs?
You're thinking about the right things. Even a minor offense like this can often lead to you losing out to an equally qualified job applicant that has a clean record. To protect your future, and hopefully keep this thing off of your record, you want to retain an experienced attorney to represent you. It will be an added expense now, but you'll be very glad later. I'm happy to have a free initial call with you. It also makes a difference whether you were in a motor vehicle at the time. We can talk through all of the specifics.
651-994-6744
[email protected]/* */
www.siebenedmunds.com
Yes, it does for many, many people. It can often be prevented - especially with a defense lawyer's help. After, it may be too late at worst, or 100 times more hassle and expense at best. Give me a call if you'd like to discuss.
A possession charge can have a devastating impact on your record, and your career. Though it is a minor offense, it should be taken seriously. Retain counsel. If you have no priors, in most cases, your record can be preserved with diversion or a Stay of Prosecution.
For a consultation call 612-240-8005.
What can I do when my bank account is frozen by a creditor?
you should have received a notice of citation to discover assets providing you with information. if not, then your bank has the paperwork. have you been sued by a creditor? do you owe them the amount of the judgment? if you want to discuss further, i can be reached at 312-372-5600.
Facts: Decedent died intestate in California, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died several months after decedent's death, but before distribution. Decedent's father also died intestate, in the state of Nebraska. Question: Does the now dead father's 1/4 share of separate property pass according to the intestacy rules of California or of Nebraska? They have different rules.
Since the Decedent died before his father, the personal representative of D's estate would distribute his share to D's father's estate, and the father's personal representative would distribute that 1/4 to the intestate heirs of D's father. I believe that they would be determined by Nebraska law.
Our custody agreement says "Husband shall pay 75% of all daycare expenses." We have 50/50 custody, meaning he has them for a week and then I have them for a week. Does that mean on his weeks, I pay 25% of his daycare costs, too? Or just 25% on the weeks I have the children?
If that is the exact wording, then it means 25% every week.
are social security disability insurance and veterans benefits to a widow subject to garnishment for child support and if so how would i, as the minors legal guardian apply for garnishment as i cannot afford an attorney?
Get an attorney. DOR plays VERY dirty and doesn't care what the law says. Both benefits are not subject to garnishment but the cash flow to you is subject to seizure from your bank. There are percentage limits but they are ignored sometimes. The judge has to remain neutral and cannot be on your side, or DOR's.
Yes they can be garnished for child support. You have to apply with the court and a lawyer is recommended. Contact my office for free consultation 727-446-7659
Cyclist injured on public roadway in front of my house and I am being sued for it along with 3 other people, being listed as the dog owner in which I am not the dog owner. What should I do???
If liability is being based on dog ownership, you would have to file a motion to dismiss based upon an affidavit that you are not the dog owner. The reason you were probably included is that the injured party just doesn't know who is liable and is taking pot-shots at whoever might be. Don't do this alone, however. And if you have homeowner's or renter's insurance, that might help cover the cost of defense.
My custody agreement states that I get my daughter the first week of spring break. Does that mean Monday through Friday and we keep our normal weekend schedule?
Without actually reading the order you referenced, it seems to suggest that the first seven days of spring break would be equivalent to a week. Please review your court order with an experienced family law attorney to get a better understanding of your options.
Do I need to file evidence documents with the complaint filing to the United States District Court Eastern District of Virginia ?
No, you will have the opportunity to present your evidence as exhibits during
the course of the trial (if your case ever gets that far).
My husband is executor of his dads estate. Recently when cleaning out his home which will be going up for sale. My husband found a safe with a large amount of money and also old silver coins in it. He distributed according to his fathers will equally the contents that were in the safe. Now because the cash amount is so large should this money have been put in the trust account for the estate to have record of it or is this a none issue. My concern is when going to our bank to deposit my husbands share will the bank question its origin because it is all cash?
Bringing a large amount of previously unreported cash into a bank these days will indeed often create problems, since the bank must report cash transactions of ten thousand or more, and sometimes lesser amounts, to the treasury department. Their IRS division will then wonder if income taxes might be due on the money. Reporting it on the estate inventory, on the other hand, will make it legitimate, although inheritance taxes (but not income taxes) may become due if the amount inherited exceeds several million (depending upon who is inheriting it). You should also make sure that your father's income tax return for the last year of his life is accurate and complete, along with the estate's fiduciary tax return. You should retain an experienced probate attorney to represent the personal representative (or executor) of any large estate and guide you through this process if you wish to avoid problems in the future.
Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 for clarifications, but short of that, I will not be taking any action on your case. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www./answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.
