I want to start selling gelatin desserts from my home do I need a license for that.
Yes, at the very least a local business license and
probably also a permit from the agency which
inspects local food retailers for compliance with all applicable
laws and regulations that may be involved with such enterprise.
My one year old son was given the flu vaccine without my consent or permission. Thankfully he did not have a reaction to the shot. Do I have a case?
Ordinarily, no injury, no case. Doubtful you'd have a case even if there was a reaction to the vaccine. Best, M. E. Zuller
my mother and stepfather both had durable financial power of attorney naming each other. In the event if one dies or declines they named me and my step brother. my mother died first my step brother took my stepdad to the bank and closed out their checking and savings an opened a joint in his and his dads name also went in the safe deposit box. also there life insurance went to each other. My mothers went into the new joint account, my stepdad survive only 2months and 18 days after my mothers death. In the time frame my stepbrother had my stepdad change his policy to leave it to him. He said he had power of attorney of his dad. Can he legally do this?
You can dispute his actions. Having a power of attorney does not mean you can treat the person's assets as your own piggy bank. Consult with a lawyer as soon as possible to discuss the matter in full and challenge your step brother's actions.
Powers of attorney are for living people only. If your mother is deceased, then her agent under her power of attorney no longer has any duties other than to provide a final accounting to the executor of her estate and to turn any of her property over to the executor.
I have no idea why an agent would start closing bank accounts. This may or may not have been proper depending on how the checking account for your mother was titled. An estate needs probated for your mother and this may or may not be part of the estate. Assuming this was a joint checking account with your step-father, then the rule is generally that any funds in the joint account as of the date of death would belong to any survivors. So if there was a joint checking account between your mother and step-father, funds in the account would belong to your step-father.
There would be no reason for your step-brother to open a new joint account with your step-father if your step-brother was already power of attorney unless this was what they wanted as a way of doing "poor man's" estate planning since when your step-father died everything in the joint account with your step-brother would pass to the step-brother. The safe deposit box does not quite work that way - it would depend on what is in there and if your step-father had a will. Anything in the safe deposit box owned by your step-father as of the date of his death would pass as per his will, if any, or the state intestacy laws, if none.
Regarding the life insurance policy, any attorney would need to see how it is written. Usually an agent under a power of attorney cannot use the power of attorney to benefit himself by changing the beneficiary on a life insurance policy to the agent. I have it written into the financial powers that I draft that the agent cannot do this unless they are a spouse or child. So an attorney would need to see the power of attorney to see what it says. However, who was the original beneficiary? If it was your mother and she died, then I don't see this as a big deal.
You mention that your step-father died after your mother. Did your mother have a will and, if so, was there any kind of survivorship requirement? When I draft my wills I have a 90-day survivorship requirement. If there was none and if there is a will then anything your mother owned would pass to the survivors named in her will. If she left everything to your step-father then you are out of luck. If your mother did not have a will, then your mother's assets would pass under the state intestacy laws to your step-father, you and any other children of your mother. Your step-brother would not be included unless he was adopted by your mother.
So depending on how things play out you might be out of luck. You do not indicate where the estates for your mother and step-father would be or are probated nor do you indicate what probate assets they had. Caveat and other legal proceedings are very expensive. You need to see what you have and whether anything improper in fact occurred. However, as your step-father is deceased and as you are not a biological child of your step-father (unless he adopted you) I do not see why it makes any difference to you. Unless there was a will left by your step-father naming you as partial beneficiary and there are probate assets, you have no rights to inherit anything.
While it would be tempting to blame your step-brother here, the real problem is in the lack of proper estate planning by your mother and step-father. Again, you do not indicate what probate assets they owned or how they were titled but with proper planning they could have ensured that all would not be inherited by your step-father or the beneficiary changed on the life insurance policy.
I agree with Attorney McGill that you need to see a probate lawyer who practices in the state where your mother's and step-father's estates are or would be pending. You need to be prepared to pay the attorney to review the financial powers of attorney, wills and any other relevant documents (deeds, insurance policies etc.) to see what, if anything can be done.
If there was some misconduct that benefitted the stepbrother and deprived you of what you would have inherited, you would bring a separate legal action against the step-brother. Has the life insurance money been paid out yet? If so, then bring an immediate action against the step-brother and get a protective order prohibiting your step-brother from spending any of that money. Make him post a bond or pay the money into court. If the insurance company has not paid out the money, see if what is called an "interpleader" can be brought directing the insurance company to pay the money into court while you and your step-brother litigate who would be entitled to the money.
My husband's is a Supervisor for HVAC company. He turned in his resignation letter, and this week's paycheck was for 3 days, or 24 hrs. My husband has to be at work no later than 7:15 am til 5 pm. He works with his crew by bringing them material or talking them through a repair. he was shorted 6 hrs.
So, tell your husband to send written notice to this company that he
must be paid for these six hours along with any other sums that are owed by a
date certain or he will see them in small claims court
I'm a 20 year old guy and I sent my girl friend videos of me naked through email. She is almost 16 and her mom found out and she took the videos and is threating to tell the cops. Can she press charges if her daughter does not want to? If yes what can I be facing?
Neither of them will press charges. The DA and/or US Attorney and law enforcement will. They will have all the evidence they need (plus your admission in this post). What you face are possible state and federal charges, prison, registering as a sex offender, and more. If she is your "girlfriend" you have more potential problems, including statutory rape. You need a good criminal lawyer now, and as a 20 year old dating a 15 year old child, you need serious counseling.
my husband might have to go into a nursing home. I am a little concerned about my well being. They will take his social security and his income for life every month and that will leave with me an income of $800 monthly. What are the best options for me? Do I go to public assistance for help?
YOu need to speak with an elder law attorney. If your husband is a VET - you can place him in a veterans home and they will only use the VA benefit. You will keep the SS and other income to run the household.
If your husband needs to go into a nursing home, and you do not have the resources to pay it, then when you apply for Medicaid, you can request a spousal allotment, so a portion of your husband's income can be redirected to you. Right now, the spousal allotment is $1967 per month. They will deduct the gross amount of your income (your income before they take any insurance premiums, medicare, taxes, prescription drug plan premiums out). So if your income is $800, and you pay 104.90 for Medicare, then you would be entitled to up to $1062.10 from his income ($1967-904.90) each month. In addition, you may keep the home and car and at least $25,000.00 of your savings, or 1/2 of your savings if it is above $50,000.00.
If your husband is a veteran, then he would also have other options, he should apply for Aid and Attendance, or may apply for entrance into a Veterans home as another attorney mentioned as well. The cost is very little compared to a nursing home.
I agree you should find out your next steps from an elder law attorney.
while eating a can of fruit cocktail I was stabbed in the tongue by a thorn that was mixed with the fruit in the can. the store wants me to take them the can and thorn so they can analyze it and say they will reimburse me for the can of fruit... my tongue is still sore this morning... should I do it or seek legal assistance first
Take photos and video tape of the package, the torn and the scan no. on the can. Take the can to the store; have them sign a receipt that they received the can and file an accident report right there and then and obtain a copy for your records.
Wait and they will probably provide you with some compensation. Obtain a copy of your sore tongue and any bleeding, if any.
Hello I've been charged with violation 2c:29-1 and violation n.j.s 2c:29-2a i have court the 27 of January and I worried on what's going to happen to me
Please help
No need to be worried with a good lawyer by your side. Call me at 732/773/2768
You are charge with resisting arrest and obstructing justice. Eacj offense has a maximum sentence of six months upon conviction. Call me. 2-1/2342/7933
I am 17 years old, i was hit by a car when i was crossing the green light two weeks ago. My first instinct was to go home, so i told the driver to go away and dont worry about it. I stood up amd walked away. I dont have any information about her. But now i am feeling pain over my body. Do you think i can still get my payment? And how can i find her?
There is likely still a way to recover for your injuries. May be a claim through your family's auto policy, or may require some investigation to find the person who hit you. We can figure that out with some more information from you about what happened.
Make sure you are getting medical treatment as needed, and that your injuries are being documented. Then get a lawyer involved as soon as you can. If you want to call my office, anyone here can let you know what you can do next.
Have an abusive 28 yr old son who abuses and bullies his 16 yr old brother (however he knows how to inflict pain without leaving marks); he also verbally abuses me daily privately and in front of his brother. He does not contribute anything toward rent or bills and is unwilling to find work. However, he is, unfortunately, on the lease of our rental as am I. He boasts "you will never, ever, get me out of here legally, ever". The restraining order was not granted. Here is my question: is there any legal issues that could arise toward myself or my landlord if I ask and succeed in having the lease terminated and ask him to move into another of his units should one become available with a new lease? This obviously depends on the landlord having understanding and being willing to work with me, but are there any potential legal hurdles? I know my son will squat as he has done this at other places he has stayed over the years and well versed on his rights.
If you know he is abusing your son you are obligated to protect the abused child. If it means to turn him in that's what you must do. I also suggest you move out in case your landlord refuses to help.
Specific to the State of Florida, should my mother put my brother, myself and my mother on the deed of her condo? Will we have to pay taxes now or when she passes? Thank you Michael
This is a complicated estate planning question regarding the avoiding of inheritance taxes upon the passing of your mother. The short answer is going to be that she should deed the condo to all three of you as joint tenants with rights of survivorship. This will allow for the condo to avoid probate altogether upon your mother's passing. If you would like further assistance in drafting the necessary documents, or just a free consultation, e-mail me at [email protected]/* */
Hello, I have asked in regarding California labor code section 232 before. Now I have a follow up question.
My boss gave me a verbal warning because I asked a new hire how much she is offered (I have the same job title as the new hire). My intention is to compare shift differential because I have found discrepancy before.
After I have got reassured that I do have the right to discuss wage at workplace (thanks to ), I told my boss and let her know that she can't stop me from discussing wage. She doesn't take my response seriously; worse off, she commented to my other co-worker that I can't do anything to her even if I file a complain. It is because she has our company policy to back her up, and it is not "unlawful" (according to my boss) because she is not doing any actual damage.
Is what my boss said true? Even if I file a complain, nothing will happen anyway. However, I may be retaliated any eventually lose my job.
Thank you again.
You can argue your issue with your employer, but keep in mind that you are an 'at will' employee that can be disciplined or terminated any time for any reason, unless you can prove it was 'illegal' to do so. You may have a right to discuss wages, but that is not the same as a 'protected' right that would make a firing illegal. Many companies have 'no wage discussion' rules they enforce.
Mr. Nelson usually gives good answers here, but this time he is just flat wrong. The correct answer is that your boss is right or wrong depending on exactly what she means. She is correct that there is nothing you can do about the policy as long as they don't do anything about it. If she means that they can enforce the policy, however, she is dead wrong. Section 232 specifically makes it illegal to take any adverse action against an employee for discussing wages. Section 232 clearly states that "No employer shall . . . (c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages." So they can't fire you for it, they can't discipline you for it, and they can't negatively affect your working conditions, pay, reviews, etc. in any way based on it. If they do, you would then have grounds for a claim with the labor standards division of the state Dept. of Industrial Relations. They would be required to pay you any lost wages or back pay if they deny you raises on that basis, and possibly penalties and punitive damages as well. Unless and until they actually do something about the policy that negatively affects you, however, she is right that you have no claim.
I have been in my apartment for 3 years i have two children (two and a six year old) We live on the third floor, the tenents underneath us apparently works nights and are home during the day (they have no children). They have harrased us and complain that we make too much noise during regular hours, they've even called the police on us, i recevied a notice to cease on 11/21//2013. I've explained that I have young children and they are active like normal children during the day. I now am working and have my children in camp and in daycare. I recently had an issue with my door on 8/3/2014, where our door had gotten stuck and we could not get out, i called maintenece but they are not available on saturdays or sundays so my boyfriend, had to bang on the door with a hammer to help me and the children get out, this was around 5pm. I received a letter via ups from a lawyer stating they represented the property owners on August 8th 2014, and that they were evicting us because of noise complaints, the last complaint being 8/3/2014 (the door incident) and we need to leave the premises by september 30th, 2014 they also attached the 11/21/2013 cease notice. These complaint are being made falsely because the cease notice says no noise during the hours of 10pm-9am, my children are in bed by that time. the tenants underneath always bang on our floor when ever my son walks during the day.
I would like to know if they can evict me so quickly with young children for false accusation , my oldest son will be starting school soon and is currently in camp and they are putting me in a tight spot. what can i do?
please go talk to a lawyer. if you can not afford an attorney, try Legal Services. if you are in zip code 08854, then you are in Piscataway. that is Middlesex County. call Legal Services for Middlesex County: Central Jersey Legal Services
www.lsnj.org
317 George St
New Brunswick, NJ
(732) 249-7600
The DA filed a complaint in the superior court alleging that I violated two misdemeanors, resisting arrest and court order violation. At my arraignment, 5 days after the DA filed the complaint, it was discovered I had a third misdemeanor charged against me, which was assigned a different case number but has remained concurrent with the case for the resisting arrest and court order violation charges. Does state statutory or case law prohibit the DA from adding an additional misdemeanor charge after filing a complaint or would I have to argue the court erred by overlooking court record?
The DA has not made any mistake, and is free to amend the complaint and add charges. I suggest you stop engaging in do it yourself research on the internet and get yourself a criminal defense attorney.
i'm a senior tenant and I need to know if my landlord has to provide heating in the winter for me
Yes, state law requires adequate heating.
my wife filed for a no contest divorce. I have agreed. the court date (10-16-2013) was cancelled by her or her attorney. Her attorney tells me that she has not asked for a new date I called the clerk office and I was told that it was him delaying the date and I could now schedule a new date. What can I do to get this simple divorce on track, and does the divorce petition have a expiration date. We were only married 6 months when she filed
If there were settlement agreements that were signed and filed then you can call the court and set it yourself, and you have to clear the date with the attorney and file a counter-petition. Contact my office for free consultation 727-446-7659.
Hi, i recently checked my credit score and dound out that there was a Unauthorized loan what should i do
You want to find out what is going on, and you want to get that loan revoked and removed.
Call me and I will assist.
Robert Davies, Attorney
201 820 3460
is it possible to challenge the legality of a arrest warrant or an fugitive from justice warrant that eventually led to a conviction in another state???? this question pertains to pennsylvania laws.... could you still go back and challenge it...
The time to challenge that would have been long ago. Once convicted it becomes harder to challenge the arrest warrant after there was the trial. Though what would your challenge be?
John
PS: There is no mention of arrest warrants in the US Constitution.
If the birthdate on my Florida Driver's license is incorrect, does that make it invalid? Can I still drive with it?
If you gave the DMV the incorrect information then not only would it be invalid, but it is a felony. If the DMV made the mistake, then it is not necessarily invalid, but you need to correct it, because now that you have knowledge of the error, you would be deemed to knowingly driving on an incorrect license that is YOUR duty to fix, not theirs.
I received denial letter of I-485 and have an option to motion the case to reopen/reconsider. The amount of fee on uscis.gov website says that I need to pay $630 for the fee but on the letter it says "A motion to reopen must be filed with appropriate fee of $110.00, and may be accompanied by a brief." Which one is the correct one?
The reason my case is denied because I didn't provide the co-sponsor. The story is that my sponsor did support, we did our process together at the same time but my mom got it first. Then one year later(during that time I did biometric, blood test, medical test, etc.), I received the letter saying that my sponsor couldn't support me because of not having enough income. So they requested to provide a co-sponsor, but since he did sponsor my mom without any problem(our household size is still the same, including his income), so we still submitted him as my sponsor on I-485 form. Then one month later(which is 5 days ago), I got a denial letter and asked me to provide them I-290B in order to reopen my case with in 30 days. So, do I need attorney to do my I-290B? What if i don't get one and do by myself, will the chance of the success high enough to risk on it? And if my I-290B is failed, can I possible re-apply my process at the beginning?
I would highly recommend seeking legal representation with this one!
You should have obtained a new co-sponsor for your case in the first place, and you are going to need to find a new one now, if you plan on filing a MTR.
The MTR filing fee is currently $630 (see: www.uscis.gov & click on the "forms" link, then scroll down to "I-290B"). They must have sent you an old form, because the filing fee went up a long time ago.
My daughter in California wants to own her own MLM company. The company says they go by thr requirements of the state. Can my 17 year old start her own MLM company in California if I co-sign/sign the papers and all contracts with/for until she is 18?
No. Co-signing would make you both parties to any contracts, which does not cure her incapacity to contract. There is nothing prohibiting you from starting the company together with you signing for everything. It will just mean that legally it is your MLM company, not hers and you will have to transfer ownership to her when she turns 18.
It would be pretty much up to the other party or parties whether they wanted to enter into such a contract. Some might be reluctant to do so. Also, there is always risk in co-signing for another person.......you can't control what they'll do in all circumstances, e.g., paying the bills when they're due. I'd be inclined to avoid co-signing. Among other things, you'd continue to be responsible for the co-signed contracts even after your daughter's 18th birthday. There is one other possibility for her, however; maybe she could go to court and apply for "emancipation of minor" under Family Code section 7120-7123. I think she would have to be living independently to qualify.
Hi,
I am Attorney & Mediator, a Senior Family Law Expert who will make sure you get the best answer possible for your question: "I'm taking my ex husband back to court for back and monthly." My colleagues and I just need a few more details about your situation and we will get to work.
You should repost with your name so we know who the fool is.
And so we can report you to LawGuru for violating the terms of use.
Letters of administration served to insurance for annuity in Idaho state how long before insurance has to release information toy personal rep
Service of Letters of Administration are only notice of the appointment. If a claim needs to be made, the Administrator needs to contact the insurance company and request a claim form, which needs to be completed and returned.
The Administrator is probably not a beneficiary of an annuity as an annuity may not have a death benefit at all, depending on the agreement. Typically, annuities only pay income for life to the person who purchases it and expires with no further payments upon the death of the owner/beneficiary.
An exception is a joint annuity, where a surviving spouse may receive a stream of payments after the first spouse dies.
I bought a motorcycle with a HSBC Yamaha credit card and stopped paying on the credit card on 07/2010, the bike was repossessed and sold. HSBC took the money from the sale and applied it to the credit card on 02/2011. Does this reset the SOL's of the credit card?
No. The SOL begins to run when you first breached the contract, so there is no reset when they applied the proceeds from the repo.
My father died and I received a notice of beneficiary from the State of North Carolina, my brother was also left half of the property (a home) in his will. My brother is homeless, has no address or phone. How will he be notified and how will this affect the estate in probate if he cannot be found? I want the process to be speedy so I can sell the house and give him half the money. He lives somewhere in Maui.
You do not share the relevant details. Who is the executor? It is the executor's duty to find the heirs/beneficiaries and distribute their share of the estate to them.
Their are services that specialize in finding missing heirs. If need be, the executor will hire a private detective. If your brother still cannot be located, then his share of the estate assets can be paid over into court and they can hang onto the money.
An executor of the estate can petition the court to sell the home if such authority is not provided for in the will. You, if you are just a beneficiary, cannot sell the home within 2 years of the date of death of your father unless you make the executor part of the sale. In order to sell your brother's share however, a guardian ad litem is going to need to be appointed for him unless he can be located and give you a power of attorney.
My wife spent 12 years working in a southern california middle school (she was not a certificated employee), she was considered a Professional Expert, however because none of the certificated teachers could do the job properly this school had my wife doing the school budgets, title1, EL Coordinator (ALL REQUIRING CERTIFICATED TEACHERS) and payed her a salary far below what the job entailed. Is this worth pursuing???
Pursuing what?
As long as she was paid per her union contract or employment agreement or employer policy, there is no claim unless you can point to a state or federal labor code provision or other law showing they were required to pay differently. I am not aware of any that would allow her to sue this governmental entity. IF you could show such rule, she would be allowed to claim only the last three years, and would have the defense of 'waiver' assured against the claim for failure to take action for so long without complaint. If I am wrong, I would appreciate being educated on it.
NY judgment assignment is filed in a town court where original judgment happened. Transcript is filed in County Clerks office to put a lien on any real property. Can you file your assignment at the county level as well? I enforce judgment's in NY and have ran into a problem. I file with the town clerk my assignment. the transcript is filed in the county. Debtor sells real property and the lean reflects the original judgment creditor. The original judgment creditor gets paid without giving anything to the assignee of judgment. Can I file in the county where the transcript is filed? So to let everyone know I am the owner of the judgment.
Thank you
Rich
From your question , I understand that you have a judgment which was filed in the County Clerks office. or was it?
If the judgment is not filed in the County Clerk's office it is not a lien on real property, and the debtor can sell it without paying off the debt.
If the lien is filed in the County Clerk's office it is a lien on the debtors house. Sometimes they sell the property and the buyer knows of the lien but just ignores it hoping it woud go away.
You need to hire a New York Attorney who can execute against the county clerk filed lien on the new owner and force the auction on the property. That always gets their attention.
Jeffrey A. Lazroe Attorney - 1-716-856-8811
I am a store manager for a major Retailer. I have recently started one of my employee's sister. Is that breaking any human resource laws/rules?
I assume you meant to say you started "dating" one of your employee's sister. If so, no, there is no law which prohibits dating employee relatives. Your company may have a non-fraternization policy which prohibits dating subordinate employees. It is doubtful such a policy would extend to relatives of employees but you should check. Whether it is wise to do so is another matter. Our laws cannot address all human behavior but sometimes we are left to our sound judgment to get us through life. Only you can decide if this budding relationship may complicate things at work.
What Constitutes "Illegal Reentry
Generally, entering without authorization from the U.S. government. It would help if you would expound upon your question & put it into context. Did you cross the border illegally? Use a false document? Enter after being ordered Removed/Deported?
Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
I need help. My pd gave me a copy of the audio video evidence from police car that can get my case dismissed and also of police misconduct. I try to play it on my computer I cant get it to play using data 911. Well he tells me that he seen the video and it shows me riding a bike a nite with no light. I was walking my bike. At no time did i ride it. Im not stupid to get on the bike when i know he is watching me. Also there is video and the audio does not begin until we get to the police station. So the whole time we are on the street there is no audio and on the police report it says" THIS INCIDENT WAS RECORDED USING THE IN CAR AUDIO/VIDEO EQUIPMENT IN PATROL VEHICLE..." by having the audio it shows that he lied on the police report about what went down. So basicly some one deleted the audio cuz they knew they were in trouble if they heard the audio. I dont know why my pd said he seen in the video that i rode the bike. All i know is that something fishy is going on here. my pd is acting like he is the da trying to get me to plead guilty.
11550 is the offence with dirty test. AT time of arrest i want on anything. I dont know what to do . Thanks for your time .
You need a good lawyer who will fight for you. In our system, you can get good or cheap, but NOT both. PD's are overworked and can't put in the time that a good private defense attorney can. So, you need to retain private counsel. I wish you well................David
You need to discuss this with the PD. Maybe he has seen it and that's he thinks there is a case and he is trying to negotiate a good plea. Find some place where you can watch the video and see for your self. If you are hanging your hat on a contradiction between the police report and the audio you will be found guilty. If you don't like what the PD is doing follow Mr Wallins advice
If you can't get it to play, then how in the world do you know what is on it?
If the PD can play it on his/her computer and you cannot play it, ask the PD to watch it with you on his/her computer,
If you feel that you cannot communicate with the PD or you do not trust him/her to act in your best interest you can raise a Marsden motion before the court and if the court agrees with you the judge will appoint a different attorney to represent you.
My aunt recently passed away. I was her power of attorney. She had stocks that I sold to pay for her nursing home care but I did not have to use the money. We learned that she wanted me to have the money from the sale of the stock specifically. All other monies are to be divided among other relatives. My question is, since I sold the stock does the money I got from the sale of the stock get divided among the relatives or do I get it? It was kept in a separate account from all other money. Thank you!
If your name was on the account into which the funds went, you may be able to claim the proceeds of sale of the stock, but you should have a local attorney look at the paperwork.
My son and his girlfriend had a baby last year. Neither one of them was working and had no place to stay. I allowed them to stay in my house together for a year. They had an argument last week and the girlfriend moved out. She apparently was receiving $300 per month from the state and now the state wants him to pay child support. The baby is at our house more than with his mom. My husband and I have bought many items for this adorable baby. Is the mom entitled to child support? She did spend much money on cigarettes and likes to smoke pot. What to do?
It is your son's problem. Is he on the birth certificate? If he is, it is a defacto award of custody to Mom, making her entitled to child support. He may be ordered to pay something for support, even if had custody of the child. There are many factors which go into that calculation. If he wants to minimize the chance of being ordered to pay support, he needs to seek custody of the child. Absent that a support order will be entered against him.
My husband s ex wife dose not send his son to school he has missed half of the school year so far some are excused some are not I know he has missed 10 unexcused already this semester we have called cyfd and they said they really dont do anything about it unless its 10 in a row I think that is bs we have called the school and the told us to call cyfd and report it as educational neglect nothing happened so what can we do they are waiting to go back to the court clinic but right now she the mother has soul legal custody over most things because we lived in Arkansas at the time the went the first time but the kid is failing because he is never in school?
If the divorce happened in New Mexico then there is a parenting plan in a court here. In that court your husband could file a motion for a change in custody due to changed circumstances - the change being he is now back in new Mexico and willing to take joint custody. In that hearing he could argue the neglect by the mother as a basis to give him physical custody of the child. If CYFD won't do anything go back to the school and tell them to read the compulsory attendance law : Chapter 22 Article 12 Section 7 of the New Mexico Statutes. This requires the school district to send a letter to the parent, and if the parent doesn't comply then they must report it to the juvenile probation office. If the school won't do it go to the school district and tell the superintendent or his assistant about the problem. It's your husband who should be taking the lead in getting custody of the boy. He can call law Access New Mexico (505) 998-4529 and get an attorney on the phone who can help him with the forms.
Dad passed away leaving home to mom. Brother rents upstairs. Will states home divided between two brothers but brother upstairs paying for major renovations. How to handle this? Wait until mom passes then sell home n split it? Brother to deduct money he paid for renovations?
Your brother, Mom and you need to consult an elder law attorney to insure the house is still there when Mom passes. Should she go into a nursing home, the house could be a major asset unless you plan ahead.
In California, Where would I find out if a persons automobile repair shop business may be in the process of being shut down?
There is a state licensing and regulatory agency, the Bureau of Automotive Repair, that might be involved in a shut-down process, if the shut-down is involuntary. If I were investigating any business for a client, I'd check the court records in the county where it has its primary place of business, to see what lawsuits were on file (if any), etc.
I agree with Mr. Whipple.
If I form an LLC for an apartment property and personally guarantee the loan (since most banks won't find without one), will my personal assets be at risk if someone sues the LLC? For example, someone got hurt in the property and wanted compensation. Will paying off this individual be similar to paying a debt and will they have a right to go after my home and bank accounts?
What follows is NOT legal advice or an acceptance of representation, but merely an informational and generalized response to in inquiry.
The answer to your question is - NO. If you form an LLC, and a 3d party, brings an action, not the lender, then your LLC should protect your personal property. That does not mean that that 3d party cannot sue you personally, in addition to the LLC and get a judgment v you both. Of course they would have to have some legal grounding for their action, apart from just participation in the LLC. Remember LLC's / corporations etc. only work to a limited degree, you have to comply with all of the regulations and requirements necessary to keep them operative, and binding. Another bid of generalized advice -BUY AN INSURANCE POLICY
The response given above is not meant to be legal advice, or an act of representation, or an acceptance of representation, but merely an generalized response to an inquiry in regard to a general legal question.
I'm 49 ..recently unemployed ..will I get alimony for a 5 year marraige..I cannot go back to my old career ..hurt my shoulder I'm a hairdresser
I assume you are going through a divorce? You should address this issue with your divorce attorney. Call me to discuss further at 732/773/2768
Why don't lawyers use the constitution when they are defending a client?
They do. It happens all the time. But most cases don't raise constitutional issues. Many cases are just about the facts. Others raise legal issues based on statutes or case law, but not on the constitution. When there's a constitutional argument worth making, most lawyers will happily make it.
Are videotaped last wills legally binding in any state in the US?
To my knowledge no, as any Will can be changed up to death. However, many people are now taping the signing of them, to provide thoughts and insights to why things are done the way specified, and to give rationals in the event there might be a contest over the contents, so the Will might not be overthrown if it had unusual or non-traditional provisions. I have done this a few times where a contest was anticipated.
My ex husband signed the quit claim deed and promissory note and I filed it at the courthouse. My ex husband typed a paper stating I can not evict him and his family from the home till I pay him in full. Is this legal? Can I file for immediate possession?
You do not provide enough information to answer this question. Take your divorce decree to an attorney to read and then advise you on your options.
A tenant put ad on Craig's list as a property owner. I signed a lease and paid him first and last. Found out he wasn't the owner and now I'm being evicted. Can I file criminal charges for fraud against this person?
Yes.
Mr. Tashjian is wrong. You cannot file criminal charges because you are not a district attorney. You can complain to the police, and you can file a civil lawsuit, but you cannot file criminal charges.
I am in the middle of a civil case with my sister. My father distributed his assets while he was alive. She is now suing me for half of the house my father gave me. We have to get an appraisal because we have a mediation scheduled. Her attorney indicated that both her and my sister will be present at the appraisal. I own this property solely. Do I have to allow them to enter my property? I have no problem with the appraiser, but I have a major problem allowing them access to my property. Is there a law I can site to avoid allowing them to access my property. Thanks
First and foremost, get yourself a lawyer. If the facts are as you state them your lawyer can probably shut this down relatively quickly. However, It occurs to me that one of the questions everyone will want answered, and the deed conveying the property to you should demonstrate this, is when did the transfer of property take place? Next, how soon after your father conveyed the property did he pass on? If you were living with him and he transferred the property one day and passed on a few days later - that's going to raise some eyebrows and the court will want some questions answered. If you are in court (probate or district) the other side can ask the court for permission to enter the property with the appraiser but I think I am on your side on this one. There is no reason why they should be entering the property. They are not appraising it nor are they there to influence the appraiser; and depending on what exactly is being appraised, if it is real estate (as you indicate) the appraiser can do his or her job without any of you being there. You may need to file a motion and ask the court to issue an order directing them to stay outside of the property when the appraiser shows up. Or, in the alternative, you can call the police if they try to enter your property without your permission.
I hope this helps you get on track with this matter.
Law Guru
my son turned 18 and dropped out of school last year. since then the money continues to come out of my check automatically from my disability check. How do I get this to end without going to RI from Florida. Going up there would create a financial hardship for me. Can I do it with a form to the judge
If the issuing state was Rhode Island you need to contact the Clerk of Court for your Judge or the Judges office for instructions. You may or may not have to be physically present.
My girlfriend is living in FL and is the custodial parent of a teenage daughter. I am living in CT and would like to know how it is possible for both of them to relocate with me if her ex husband who is the non custodial parent does not approve living away from his daughter. What are her best options? Do we have to get engaged or married? Could a new job for her be sufficient for approval? What is the minimum requirement needed?
Under FL Law you have to get written consent from the ex or a court order allowing relocation.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
[email protected]/* */
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
I am not married to the father of my baby, in fact I am still legally married to someone else (though separated for more than a year). My baby's bio-dad is not on the birth certificate (no one is); he is currently in jail on drug and fraud charges. He has shown no interest in the baby since he was born six months ago and has not been in touch since he went to jail. He has not been asked nor does he pay child support.
What legal parental rights does he have, and can I end them? I want him out of my child's life permanently, and don't want him interfering with the decisions I make in raising him.
Well, if all that you claim is in fact true regardng this alleged bio-dad, then he is
merely what the law considers a putative father with no rights at all with respect to your child other than the right to petition the appropriate court to establish himself legally as something more. But, however, until that happens or he becomes manifestly disruptive in some other aspect of your life or that of your child, if I were you, I would let this "sleeping hound lie". so to speak, without doing anything further at this time.
I am named as a beneficiary in a will. I received a letter from an attorney's office this week that enclosed a "waiver of process consent to probate" form to be filled out and returned, but there was no copy of the Will. I received a copy of the will a few years ago, but I was told that the family was trying to have the will changed at that time. The letter states who the executor is, and the letter also states that in order to proceed and get the process started with the appointment of the executor that I need to fill this form out and return it. Does this mean that I will be giving up my rights to any entitlement?
No, but you should request a copy of the Will being submitted. The form is necessary to allow the Will to be probated, and just states you are not contesting it. As an aside, anyone can change a Will at any time, as long as they are competent and not subject to any influence to make the change. Thus, what is now being submitted may be different from what you were given a few years ago.
If it comes to the attention of an attorney that fraud has been committed by his client and the client is willing to rectify it even though it may mean jail time, could the attorney assist his client in making plans for FUTURE restoration due to the huge amount owed? For example, putting the stolen money owed n the stock market to gain treble the amount owed under Florida civil theft? And, would an attorney allow it to gain value even if it meant the defrauded person may have died in the interim and the money stolen given to the heirs of defrauded person? I am wondering how long can the money be withheld from the defrauded person. Until the person who committed the fraud dies so there is no jail time when the money is given back since the "criminal" has died? Is that ethical?
I guess I am wondering how far an attorney can go to keep his client out of jail. To the point of waiting to return the money when everyone involved is dead and have the money go to the heirs of the defrauded person? If so, it doesn't seem right to me. Thanks.
An attorney cannot assist you in perpetrating a crime. Any attorney who is going to accept stolen money, knowing its stolen, and invest it in the stock market is going to lose their license and face criminal charges.
Despite what people may think, Attorneys are held to some of the highest ethical standards of any profession. We are sworn to uphold the law and will not help you break it.
Hello, I have a friend who gave birth in Georgia. The father whom they are NOT married and never were talked her into leaving Georgia and move to New Jersey. She has been there for a year. She has recently decided that she is not happy in New Jersey. She is unable to afford living there with the children. She was able to make a better living and life in Georgia. The father of the children is not helping nor is he supporting her or children. Is she able to leave New Jersey and take son with her or does she have to go through the courts?
This needs to be sent to a Jersey Attorney (I'm Florida)
