I lived with my father and he was diagnosed with lung cancer from asbestos. I started a business with him and helped build it and helped sav...

Question

I lived with my father and he was diagnosed with lung cancer from asbestos. I started a business with him and helped build it and helped save his home as he went through a divorce. My fathers personality began to change and he became angry, I think it was from the lack of oxygen. He recruited a woman who has ill intentions to take the business, her and her husband. She ran around harrassing everyone causing them to leave. She brainwashed my father daily against me, she stalked and harassed me and my daughter. Stoled computers off of my account and had them delivered to the very house I live at, tried to steal my identity, the list is endless. I have evidence. My brother stood by and did nothing because he wanted to inherit everything. I moved, I couldnt live there. The past few years my brother took care of him and kept me at a distance, if I asked about my father he wouldnt answer. Upon my fathers passing, Jan 9, 2013, he told me nothing, I saw it in the paper. I knew he was in the hospital but this woman stood guard over him and was afraid to go. I was denied seeing my father in his last days. Dad passed and left him everything. He never showed me the will. Now I get a letter from an attorney representing the estate. Apparently my father had a lawsuit for asbestos and had a settlement. Apparently this settlement wasnt in the will that was created under manipulation of a sick man.

Answer

As a next of kin you are entitled to a share of the settlement that is distributed without the estate. You would need more information about the case and how the settlement was finalized.

Can you drive on a learners permit with a friend in the car in Arizona when someone over 21 is in the passenger seat?

Can you drive on a learners permit with a friend in the car in Arizona when someone over 21 is in the passenger seat?
The person in the passenger seat must also have a Class A, B, C or D operators license issued in Arizona.

If two underage miners conceive a child and the mother of the child plans on keeping the baby vs adoption, is the father of that child requi...

Question

If two underage miners conceive a child and the mother of the child plans on keeping the baby vs adoption, is the father of that child required to pay child support after he comes of age?

Answer

The father of the child is required to pay child support regardless of his age.

What are the release dates for The Princess Chronicles - 2006 The Dead Sea 1-2?

What are the release dates for The Princess Chronicles - 2006 The Dead Sea 1-2?
The Princess Chronicles - 2006 The Dead Sea 1-2 was released on:

USA: 30 January 2007

My girlfriend attacked me then called the cops and lied and said I hit her all u was doing was defending myself

Question

My girlfriend attacked me then called the cops and lied and said I hit her all u was doing was defending myself

Answer

if you are arraigned or had a clerk's hearing scheduled, you need to have an attorney to deal with this matter.

if you are found guilty in criminal court but you appeal the conviction and are going to circuit court will you have to have a lawyer repres...

Question

if you are found guilty in criminal court but you appeal the conviction and are going to circuit court will you have to have a lawyer represent you

Answer

No, but if you don't have such representation you'll likely end up with the same result you received in the lower court, i.e., losing.

Hello. Back in the 80s, my dad and my uncle bought a house together. My uncle lent him the money and until my dad pays him off, the house wo...

Question

Hello. Back in the 80s, my dad and my uncle bought a house together. My uncle lent him the money and until my dad pays him off, the house would be in his name. Flash forward to 2014. My dad has finally paid him off and because of several disputes between them, they've stopped talking to each other and the house is still in my uncle's name. My uncle wants to pass the house on to his son and my dad wants to pass it on to me and my brother. They're leaving us to negotiate how we can split the house fairly because my dad and uncle cannot stand seeing each other anymore. What's the best course of action that me and my cousin can take? We were thinking of having my uncle give half of that house to us as a "gift" but that has already been done with a previous house in which my uncle also lent money to my dad.

Answer

Need a new deed adding your dad. This is not a gift, since $ was paid.

Answer

I agree with David, and new Deed should have several inclusions:

1. Acknowledge that Dad has paid half of the original consideration.

2. Deed should be for a nominal amount of consideration (like $100.00)

3. Deed should show Dad and Uncle as equal tenants in common. This allows each of them to give his share to his family. Eventually cousins will become owners.

This is a reply to an Internet question and the response is for informational purposes only, and is not intended to be legal advice or as creating an attorney-client relationship.

Hi.My business partner signed a contract without consulting me the other day, and after reading the contract, it looks like a kindergartner ...

Question

Hi.

My business partner signed a contract without consulting me the other day, and after reading the contract, it looks like a kindergartner put it together.

The agreement is between "John Doe" and "Bob of Company Name" (Names changed for privacy).

Is a first name of a person at a company a legal entity for signing contracts?

Thanks for any help. :)

Answer

This is an interesting spot in which you find yourself. Is "Bob" the owner of the company with which your associate wished to do business? Are there other "Bobs" working there? Was there other adequate identification of the company, such that Bob just signed in whatever official capacity legally entitled him to obligate the company to the contract?

It often is unfortunate when small businessmen enter contracts of their own drafting, as it usually leads to an attorney having to iron out the wrinkles when things go wrong. I hope both parties will be able to perform the contract without dispute, but if you are looking to escape from it, the absence of Bob's last name probably is not enough to avoid the contract.

Could one sue the condo association for way too high maintenance fee?624 SQ- $ 358. monthly maintenance fee.I not able to sell my small plac...

Question

Could one sue the condo association for way too high maintenance fee?

624 SQ- $ 358. monthly maintenance fee.

I not able to sell my small place because of it.

If I will go forclosure or short sale that my only option recording real estate agent, I will loose my good credit. Is there something else I could do?

Answer

You need to review your Declaration of Condominium. Generally, the answer is the association can raise fees as it deems necessary to maintain the property. Florida law says even special assessments can be levied without a membership vote - even where a Declaration requires it- if necessary for maintenance (and not an improvement).

You could review the budget and financial reports, and see where the money is going. That might be a clue as to what is actually required to maintain the property. You can ask for access to review the official records, specifically the budget and financial records. State law requires that the association provide you such access.

How much do you have to pay for your learner's permit in Arizona?

How much do you have to pay for your learner's permit in Arizona?
When you're ready, take the test at any Motor Vehicle Division (MVD) branch office or third-party office. You don't need an appointment, and the test is free to take. The same is true for the required vision test.
Come to the branch with a parent or legal guardian, who must sign your instruction permit application. Whoever signs must be willing to be legally responsible for your driving conduct.
If your parents are married or you have a single legal guardian, you'll just need one signature on the application. But if your parents are divorced and share joint custody, both must come with you when you apply for the permit, or both must sign the application in front of a notary public.
Keep in mind that whoever signs the permit application will also be required to sign when you apply for your driver's license.
Once you've passed the tests and completed the paperwork, the MVD will issue you an instruction permit for $7. The permit is valid for one year.

Our rental property neighbor has recently (after we evicted the last tenants they were friends with) starting complaining that our deck was ...

Question

Our rental property neighbor has recently (after we evicted the last tenants they were friends with) starting complaining that our deck was on their property. It was built 12 years ago when we lived there and were friends with them. They got a survey and although the survey looks suspect, the township is saying they are going to sue us to make us remove the deck. We are in PA and the adverse posession law is 21 years but is there any legal starnding we have to keep the deck. The new set-back laws are 10' which are past the deck and into the house so we cannot replace the deck. When we built it we had a permit for replacing an existing deck that was there well over the 21 years but it was then owned by the previous owners. Help!

Answer

Don't know what county, my office is in Delaware county, 19082.

You may be mixing issues since the township not your neighbor is threatening suit.

If you are in my area contact my office if not find an attorney that is local with you to consult on the issues.

Answer

OK it would be helpful to know where the property is. Without you zip code it's impossible to know. That said adverse possession has nothing to do with anything. What might work to your advantage. Is that at the time you put in it conformed to all the local ordinances. That said you'll probably have to point that out to the local authority. I suspect there isn't anybody left from that era.

Thanks, Tricia, Dominique and Maury.A follow up to my previous question. Let us remove all, ALL the variables. The agreement only has one cl...

Question

Thanks, Tricia, Dominique and Maury.

A follow up to my previous question. Let us remove all, ALL the variables. The agreement only has one clause (Clause 1), and this clause refers to Exhibit 1. This is a hypothetical example, with analogical elements>

Clause 1.- As per EXHIBIT 1, the monthly payment will be not less than $1000, upon receipt of the performance records.

EXHIIT 1.- The monthly payment will NEVER (never, ever, ever) be less than 1000, and will be payable before the 5th of the following month.

Notice the express reference to EXHIBIT 1 from CLAUSE 1. Notice the 'receipt of the performance records' condition indicated in Clause 1. Notice the abscence of same in EXHIBIT 1. Further, notice the absolute assertion that the monthly payment will NEVER be less than $1000. (i.e. it is not conditioned by anything)

So let us pressume for this question that these are all the terms of the agreement. What rules?

Answer

It sounds like a poorly designed agreement at a=the very least. Regardless, to analyze the language, whether it is enforceable and what it may mean, would require a review of the full contract in context. The limited text provided does not form the basis for an enforceable contract without more. Accordingly, it is insufficient to even understand what the contract relates to and whether or not there is a bargained for exchange.

I have a warrant from 2 years ago I was unaware of I paid for the work release 3 days. But forgot to show how do I resolve this with no jail...

Question

I have a warrant from 2 years ago I was unaware of I paid for the work release 3 days. But forgot to show how do I resolve this with no jail time?

Answer

You can either go to court and see if the judge wants you to do jail time or retain an experienced attorney to attempt to get the warrant(s) recalled without you appearing. In my 27 years, handling cases like this, it's always better to retain an attorney. Its a decision you have to make. I wish you well.....David Wallin

Good afternoon, I currently reside in an Apartment complex that is/will be undergoing renovation relate to the original construction materia...

Question

Good afternoon,

I currently reside in an Apartment complex that is/will be undergoing renovation relate to the original construction material being "bad" which will affect my building for about 3 months, I was not informed about said construction when I signed my lease. Now the problem is while my building is under renovation, (1) my bedroom wall/window will be ripped out be replace with a hanging tarp, (2) my patio will be removed and also replace with a tarp just hanging there. If I had any pets they could easily fall off the building. In addition to this I will lose 3 feet of living space in my bedroom. I have contacted the property management company and they have stated that they can knock $200 off my $800 rent for only 2 months but will not let me out of my lease. Do I have an legal right to break the lease without it affecting my credit report and getting my deposit back? I have include a video of what the construction will look like. this is not my building but of a building that was under renovations a few months back

http://vimeo.com/69262797

Answer

Your actual lease controls your rights and obligations. You need to have it reviewed by an attorney asap. You cannot just get out of the lease in all likelihood.

Answer

You are entitled to a reduction of rent for the full time your apartment is effected. Since the repair does not make the apartment uninhabitable, I doubt a judge would let you terminate.

Can a person who has been convicted 15 years ago for a drug charge sue a dr. For medical negligence ?

Question

Can a person who has been convicted 15 years ago for a drug charge sue a dr. For medical negligence ?

Answer

Your conviction does not limit your rights to sue for malpractice. But you are still subject to the same limits as everyone else, including the one-year statute of limitations. If your claim relates to something that happened 15 years ago, then it is almost certainly too late. But if you were injured recently, then your conviction should be irrelevant.

Note that the one-year period does not necessarily begin when the doctor committed malpractice. Sometimes malpractice is not apparent until much later. When that happens, the year begins when the plaintiff either learns or should have learned of his injury.

Note also that I said "learned of the injury", not "learned that the injury was caused by the doctor" or even "learned that the doctor was negligent".

If you think you have a viable claim, you should discuss it right away with competent counsel.

Good luck.

Answer

Not unless you are complaining about something he did within the last year.

i have a question about unfair sentencing. i know 2 people that are charged with the same charge. one of them had several charges and had th...

Question

i have a question about unfair sentencing. i know 2 people that are charged with the same charge. one of them had several charges and had the charge they had in common dismissed in a plea agreement. the other one is looking at 10 years.isnt that unfair?

Answer

Sentencing is very unique to the person. It takes into account the individual's prior criminal record, employment, treatment (sub abuse or mental health), age, participation or role in the offense (what did each do in commission of the crime). Sentencing also takes into account protection of society and rehabilitation of the defendant. If the matter is a felony the Dept of Corrections will prepare a report called a presentence investigation that provides information about the defendant to the court and makes a recommendation for sentencing.

I have had a green card for 10 years. I successfully renewed it this year (2014) for another 10 years. I would like to become a US citizen. ...

Question

I have had a green card for 10 years. I successfully renewed it this year (2014) for another 10 years. I would like to become a US citizen.

I was away for more than a year in the last 5 years (studies)

But I have been living in the US since January 2012 continuously.

Details:

2009 Studying in France / in the US for 3 months - summer

2010 Studying in France

2011 Studying in France

2012 in the US

2013 in the US

2014 in the US

Since I was able to renew my green card, what are the risks of not disclosing that I was away for more than a year?

Is my only solution to wait 3 more years?

Answer

This is a complicated question with an equally complicated answer. Please call me at (212) 968-8600 or on our toll-free number of (800) 750-1828. Kind regards, RDM

my som recently relocated to fl. hes 21. his drivers lic. has our address,even though he rents a room somewhere else. we received a letter s...

Question

my som recently relocated to fl. hes 21. his drivers lic. has our address,even though he rents a room somewhere else. we received a letter stating he was added to our ins. we did not ad him to our ins. I called our company and they said it was law to have him added because he used our address on his fl. dr. lic. is this a law and can you send me the stute. thanks

Answer

It is the insurance policy that dictates this not the statute. The insurance company requires that all drivers within the household be insured.

What is considered the passenger compartment of a motor vehicle?

What is considered the passenger compartment of a motor vehicle?
The inside, anywhere people can sit!

Can a child that has been adopted by a family member be adopted to a different family member?

Question

Can a child that has been adopted by a family member be adopted to a different family member?

Answer

Yes.

Answer

Yes, if all the statutory requirements are met.

Do they still make studebaker?

Do they still make studebaker?
No. The company folded in the late 1960s.

1966 was the last model year.

I have a drug case that is stoping me from getting a good job is it posible To. Get it xspoged or seel my record .it. happen in Illinois 4 y...

Question

I have a drug case that is stoping me from getting a good job is it posible To. Get it xspoged or seel my record .it. happen in Illinois 4 years ago but I live in canton mississippi now

Answer

Maybe. Did you do TASC probation or drug school?

My wife's father set up a Lady Bird Deed to her for a Florida condo 5 years ago. Legally that gives her a remainder interest of ownership on...

Question

My wife's father set up a Lady Bird Deed to her for a Florida condo 5 years ago. Legally that gives her a remainder interest of ownership on his death, with him reserving a life interest, including right to sell during his lifetime. He also made her an oral gift of the condo including exclusive use provided she pays all expenses, which she has done. He made statements of gift to numerous witnesses, but won't put her rights and obligations during his lifetime, in writing. There is now conflict with Dad over another real property the three of us own together and we are afraid he can get vindictive and put the condo up for sale and even evict us without process of law. We have spent considerable funds upgrading the unit.

Can the oral gift be enforced in any way in the courts of Florida or can she sue for damages if he takes negative action and can we get an injunction pending outcome of a suit vs him? We are all Canadian citizens - in effect snow birds.

Answer

You need to discuss these issues with an attorney. You have some significant potential problems on the "oral gift" and its parameters. The deed if recorded would like require your wife to join in any attempted transfer of the entire property to a third party.

Answer

You may have a lien for the improvements.

I am declaring bankruptcy, I am trying to determine if I am the co-signer on my vehicle am I considered the owner?

Question

I am declaring bankruptcy, I am trying to determine if I am the co-signer on my vehicle am I considered the owner?

Answer

If your name is on the vehicle title, you are an owner. If your name is on the vehicle loan, you are a debtor. Both kinds of information will be included in your Chapter 7 or Chap 13 petition. Prepare and review carefully to avoid later amendments. This advice is based only on the limited facts in your inquiry.

What does 'tough doors' mean when referring to a club?

What does 'tough doors' mean when referring to a club?
it means either tight security or its crowded.

Hello,I rent a house through a company called Invitation Homes. We have been in the home for a little over three months. The first month we ...

My son is living in an apartment and he called the landlord/maintenance on December 8, 2013 to tell them he had no heat. They dropped off tw...

Question

My son is living in an apartment and he called the landlord/maintenance on December 8, 2013 to tell them he had no heat. They dropped off two space heaters and let a note saying to leave them running all day long and they would return. He has heard nothing since, it is now January 4, 2014. He has made calls which no one returns. Besides feeling unsafe using space heaters this is causing a significant increase in the cost of his electric bill. What are his options?

Answer

Your son must call the board of health (in Boston this is called Inspectional Services) and report the problem. They will come out for a visit and they will order the landlord to fix the problem. This is definitely not acceptable.

Answer

Your son calls inspectional services and they will issue an order to the landlord to repair the heat. They take lack of heat in apartments seriously.

Your son can also send a notice (certified re ceipt and regular mail) to the Landlord stating he will withhold rent until the heat is repaired properly and open a separate account and pay the rent into this account. The second part is important.

I would however start with inspectional services.

I had planned on selling my SUV to one of my family members. We created a bill of sale with Rocketlawyer.com. I included everything from col...

Question

I had planned on selling my SUV to one of my family members. We created a bill of sale with Rocketlawyer.com. I included everything from color, to mileage. We both signed and dated the document. He's not wanting to pay me the rest of the money he owes. What do I do, and where do I start. This is in NC.

Answer

In your question, you put in everything from color to mileage - basically everything except what's important. We need to know how much is owed and who has possession! A bill of sale is basically a receipt. Something you give after you have the money. Still it should kinda serve as a contract if you drafted it properly. You don't say how much is owed but if it is less than $5000 ($10000 in some counties) you can file a small claims case. Since you felt the need to do a bill of sale hopefully, you were also smart enough to retain a lien on the SUV.

I have a question to ask. I am trying to find out how and what I will need to do to see about open a case back up again after the judge clos...

Question

I have a question to ask. I am trying to find out how and what I will need to do to see about open a case back up again after the judge closed it out and gave custody to his aunt for 12 month . we had court for this back in February and that is when the judge rule that she has him for that long. The reason is that he was not going to school and the custody was grant also. I would like to see what form that I will need to have to open the case back up and see about getting him back home. Now that the case I went thru a divorce also and I would like to see if I can get custody of him. I have my own place and I have someone to watch him when I go o work at night so that will not be a problem. O going to check with the school system to find out what I need to do to get him back into the school where I live at. I know that I am going to have a problem if the judge rule that he can come back home with us. SO if you can ley me know what form will I need to file on this matter please. I would like to see about this ASAP because school will be getting out soon

Answer

Whatever your lawful objectives may be in this particular matter, you will

not achieve them by filing a form and attempting to proceed on your own without

an experienced and competent attorney in Virginia domestic relations

matters to represent you (my opinion).

I went to small claims court and loss . i filed an appeal . i filed the intitial claim in balt co where the company i was suing located. i f...

Question

I went to small claims court and loss . i filed an appeal . i filed the intitial claim in balt co where the company i was suing located. i filed a motion which i believe will be denied. can i also file same case in balt city where i reside and inital accident happ ?

Answer

Generally one cannot "re-sue" - the law allows one a "day in court" but after a case is formally dismissed / resolved the plaintiff cannot turn around and sue again. Instead the law says the decision reached stands. The rare exception to this is a case dismissed without prejudice but that is different than losing on appeal.

Federal Court: 2 defendants failed to respond to the complaint, and the rest filed a motion to dismiss. If I file for "entry" default judgme...

Question

Federal Court: 2 defendants failed to respond to the complaint, and the rest filed a motion to dismiss. If I file for "entry" default judgment (Marshal properly served), do I need to respond to the other defendants motion to dismiss? Or does the case stops there pending the court's default judgment?

Assume the court does not enter default judgment, would the court allow me to continue with the case as if I had not filed the default judgment?

Thanks

Answer

You must respond to the motion to dismiss. The attempt to obtain a default judgment against the two remaining defendants is completely independent of your obligation to respond to the motion. Indeed, the attempt to enter default will not even change the due date for your opposition papers.

If the court does not enter default, then the case continues as to the the two defendants who have not yet answered. It's not possible to tell you exactly what that means, since much depends on the reason the Court refuses to enter the default.

If my baby daddy and myself have legal custody of my child he has visitations every other weekend. But he recently went to jail and has a pe...

Question

If my baby daddy and myself have legal custody of my child he has visitations every other weekend. But he recently went to jail and has a pending case. If I decide not to allow my daughter to go with him on his weekend and he is out on bail can I get in trouble for ththat?

Answer

If your ex is dealing with criminal problems then it would be wise for you to reevaluate changing court orders. Denying visitation without changing court orders can produce a motion by your ex for enforcement or sanctions. Please meet with an experienced family law attorney to explore your legal options.

Can you go to jail for not paying back payday loans in Houston Texas

Question

Can you go to jail for not paying back payday loans in Houston Texas

Answer

No, you cannot go to jail on a consumer debt.

My ex girlfriend and I had a daughter in 2008. We broke up shortly after but continued to see each other off and on and had no problems exch...

Question

My ex girlfriend and I had a daughter in 2008. We broke up shortly after but continued to see each other off and on and had no problems exchanging our daughter. She met someone in july of 2011 got pregnant then married before the baby was born. She had 3 children with all different last names. She didnt like it so decided to change the names in july of 2013. She was successful with her first born. My daughters name change was denied because I fought it. The courts saw it as a double edge sword because she wanted to move out of town and could erase me as a father. I was granted parenting time, after a year long battle even though I have always been in my daughters life. The custody was finalized in May of 2014. She took my fathers day by leaving state for the weekend before the ink was dry on the custody order. She fought my first week of vacation with my daughter but I ended up having my daughter with out to much interuption and now my daughter says that her step dad told her she had to call him dad from now on because it would confuse her sister who is a year old. She also informed me she will be changing her name when she gets a little older. She is 6 and I feel like I went to court for nothing (besides the fact that I have parenting time legally now) and I am still paying . My daughter was extremely close to myself and extended family a year ago but it is quickly changing. Is there anything I can do to stop this?

Answer

Your post is somewhat unclear, and just what your specific legal issue or issues are is not clear. Due to the obvious deep-seated history to your problems, I urge you to meet face to face with an experienced family law attorney at this time. As to the particular issue of name change of a minor, specific MN statute addresses that very matter and there is very detailed 'case law' on that subject as well. Tricia Dwyer Esq ph 612-296-9666 MN Family Law Attorneys Tricia Dwyer Esq & Assoc PLLC http://DWYERLAWFIRM.net

Am I 100 at fault for personal injury in a multi-car accident? Very snowy conditions on an interstate highway. I rear ended a vehicle (caus...

Question

Am I 100% at fault for personal injury in a multi-car accident?

Very snowy conditions on an interstate highway. I rear ended a vehicle (causing under $1K in damage) that had already rear ended another vehicle. I had no part in causing the first accident. Damage to the vehicle that hit the semi was extensive (could have been totaled, not sure though). Driver claims injuries sustained were from me hitting them, and not from them hitting another vehicle.

Answer

Fighting liability any time that you rear end another vehicle is a losing battle, since the law requires you to leave sufficient space between you are the vehicle ahead of you to stop if they stop, even suddenly. However, multi-car pile ups during fast changing winter conditions can sometimes be an exception. If you have insurance, use it and turn the claim over them promptly, but if you are uninsured, you should consult with a bankruptcy attorney. As long as you were not cited for drunken driving, damages from car accidents are fully dischargeable in bankruptcy, allowing you to avoid losing your license due to a damage judgment. This works best, however, if you fight the revocation and get the bankruptcy filed before you are revoked.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www./answers/search/attorney/jknixon, in bankruptcy, which can prevent your license from being revoked due to a damage judgment .

I switched my apartment in our complex, paid the new security deposit in full, manager said she'd give our old deposit back in full since th...

Question

I switched my apartment in our complex, paid the new security deposit in full, manager said she'd give our old deposit back in full since they are gutting the unit. Now the new manager decided to keep both new and old security deposits combined as a new deposit. How to get my security deposit back, please advise the legal steps to do

Answer

I assume you did a new contract. So each contract stands on its own. My first suggestion is to write a letter to demand it back. Next step would be small claims court action...

Why Is KV1 A Very Popualar Tank Anyway?

Why Is KV1 A Very Popualar Tank Anyway?
Because It Is The First Heavy Tank In The World.Its Also Very Strong.

Ok so here is my story and questions. My grandfather and grandmother (whom legally adopted me when I was four) passed away leaving their hom...

Question

Ok so here is my story and questions. My grandfather and grandmother (whom legally adopted me when I was four) passed away leaving their home and property to me and my brother. Along with a small piece of land down the street as well. I have lived in this home my entire life, over 40 years. About four years ago when my grandmother passed and the assets were left to us my brother didn't want anything to do with the house nor the land, so I have been living here and taking care (as best I can) of the house and property since. Well, just recently my brother has decided he wants the house and property the house is on to be sold, and the smaller piece of land put in his name. He has gone as far as having a letter drawn up requesting a firm $20,000 from the sale of the house, along with the other land being signed over to him and has had it notarized. He showed up at my door with this letter and gave me a time limit of one week to decide if I would sign it, and if I don't sign he would then SUE.

First of all, the house is an older home. I just now had to tap Into my 401K to replace the 50 year old sewage system, which is $8,500 upfront that will have to be payed later this month. Also, not very long ago I put new tile throughout the entire house, along with a couple other upgrades that truly needed to be done. AND there still is MANY things that need to be done. I won't get into what is all wrong with the house, but just know that the 20,000 my brother is demanding would be just about all the money from the sale, leaving me to use the remainder of my 401k to 'hopefully' find another house that I could afford.

I simply do not have 20,000 sitting around to pay my brother. And how can he just show up demanding money AND land? I do not want to sell my home of 40 years, but let's just say I did comply with my brother...wouldn't the house and both property's be sold and then the money just split down the middle? What are my options? Do I just let him sue me and hope a judge rules in my favor because so much time has passed? Can I be forced to sell my home, even if I have lived here for so long? Also, I'm pretty sure I need a lawyer... What kind of lawyer do I need (real estate?)? And if possible who is a good lawyer to handle a case like this in south texas?

Answer

How did they leave the property to you? Did they have Wills? Were the Wills probated? If so, then the language in the Wills would control who got what.

Assuming that you and your brother received 50/50, your brother could force the sale of the properties and the proceeds would be split 50/50. If you have improvements and have paid taxes, you can be reimbursed 1/2 for your expenses. This type of action is called a "Motion to Partition". This kind of lawsuit forces jointly owned property to be sold.

As for what kind of lawyer you need, if the wills were not probated, or there were no wills, you'll first need a probate lawyer to establish who owns the land. A real estate lawyer would be able to assist you with your dispute with your brother.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

What are the release dates for Flotilla the Flirt - 1914?

What are the release dates for Flotilla the Flirt - 1914?
Flotilla the Flirt - 1914 was released on:

UK: April 1914
USA: 22 June 1914

Facts: Decedent died intestate, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died after decedent's death, but b...

Question

Facts: Decedent died intestate, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died after decedent's death, but before distribution. Question: Does the now dead father's 1/4 share pass according to that father's will, or according to intestacy rules? If according to intestacy rules, then is it per stirpes to the 3 children of both parents and the 1 step-sibling from just the father (so 4 siblings splitting 1/4 of the estate)? Probate code just says passes to the parents 'equally', but not whether intestacy trumps an heirs will.

Answer

The share of a beneficiary who dies after the death of the decedent belongs to the beneficiary's probate estate, and passes under the terms of the beneficiary's will or by intestate succession if there's no will.

The exception, which doesn't apply here as you have an intestate decedent, is if the beneficiary died before the time required for survivorship within the decedent's estate plan. If this were the case, then the dead beneficiary's share passes as if he or she died before the decedent.

Answer

The first question I have is as to the nature of the decedent husband's estate. He was married at the time of his death. Is all of his estate community property? What portion of his estate is separate property? Once you categorize his estate, distribution is clear.

If all of his estate is community property, all of the estate goes to the wife. If a portion of his estate is his separate property, 1/4 belongs to his father's estate, which is then re-distributed according to the father's will.

My Ex fiance and i are going through a rough breakup with a child involve, she had just got up and left leaving me with all the bills to pay...

Question

My Ex fiance and i are going through a rough breakup with a child involve, she had just got up and left leaving me with all the bills to pay along with rent in which the lease is in both of our names. Now she is threatening to take me for child support even if im paying car payments, insurance and rent along with other utilities. I calculated that what im paying for her exceeds the 20 percent required by the state of texas. I still get to see my son along with buying clothes, diapers and food for him. Does she have a case?

Answer

If she has primary conservatorship of the child, which it sounds like the case right now, you will be ordered to pay child support. It will be 20% of your monthly net resources, which is a number computed by a particular formula, which may be higher than your acutal net take-home pay.

You might also be ordered to pay temporary spousal support while the case is pending, depending on her job situation. So you could be ordered to pay child support on top of all that you are already doing.

I would encourage you to please consult with a local family law attorney who will ask you a bunch of questions and then give you specific advice carefully tailored to your specific facts.

I'm sorry you're going through this. Best wishes.

I am located in Orlando, fl and My daughters father and I have a time-sharing schedule. My daughters father has her the 2,3,4th weekends of ...

Question

I am located in Orlando, fl and My daughters father and I have a time-sharing schedule. My daughters father has her the 2,3,4th weekends of each month and the court papers state "the father shall have the child from Friday after school until return to school on Monday, the second, third and fourth weekends of each month." He is refusing to return her to school each Monday and says that I need to pick her up on sundays. If he refuses to take her to school and demands I pick her up on sundays can I withhold my daughter from visiting him over the weekend to ensure she goes to school? what can I do if he refuses to return her to school like the papers state. it also states that "if pick-up and drop-off is at school, the parent having that time sharing shall drive both way to assure that the child is picked up and dropped off in a timely fashion."

Answer

if he cannot handle th drop off on Monday then confirm the new schedule in writing then have it approved by the court. Contact my office for free consultation 727-446-7659

Answer

It is very dangerous to take action before court approval. File Motion with the Court.

if a person dies with a lot of credit card bills can their children be held responsible to pay them?

Question

if a person dies with a lot of credit card bills can their children be held responsible to pay them?

Answer

No, the children are not obligated to pay the deceased parent"s bills, and don't let anyone tell you otherwise.

Answer

His estate can be held responsible however.

Answer

The credit card companies will try to convince you that there is done obligation. If the estate is being probated do not pay until there is a Claud claim presented.

Answer

The credit card companies will try to convince you that there is done obligation. If the estate is being probated do not pay until there is a Valid claim

My daughter is three years old. When she was born, her father and I were not together and he did not sign the birth certificate because he w...

Question

My daughter is three years old. When she was born, her father and I were not together and he did not sign the birth certificate because he was in jail. He had a DNA test done and he was established legally as her father. She was less than a year old. We never went to court about custody, but after he was established, I received a notice stating he was responsible for keeping her insured. We have a mutual agreement that I have her 5 days a week, he has her 2. He doesn't help me with money, gas, or anything. He doesn't pick her up or drop her off. All responsibility is on me. Well, I lost my job and tried to apply for food assistance but they won't allow me because he has it that she lives with him so he can get kynect healthcare for her. I was told he would have to sign her over to me under her insurance. He won't do it. He says he now needs to claim her on food stamps, which is wrong because she lives with me and he doesn't help us at all. I want to go after him for child support now because after three years, I am sick of being the only provider. I just need to know, how I find out who has custody? Do I have legal custody? Can I go after him for child support or do I need to go through court and establish custody? Who should I talk to? We live in Kentucky.

Answer

You can go through the Jefferson County Attorney's Office for child support, or you can hire a private attorney. You will have to have a private attorney (or do it yourself) if you want to establish custody and visitation. Since custody has not been established (based on what I can tell from what you state) it is presumed you and the father have joint legal custody. I would not sign anything concerning the child living with him so he can get food stamps for himself or the child (and you are correct for not doing this). You can proceed with child support without establishing custody/visitation but my guess is he will try to make this an issue when you do file for child support and it may be better to go ahead and file for custody, visitation and child support all at once to be proactive about it. I would consult a Kentucky attorney in more depth about these issues.

I am planning on hiring a coordinator for my delivery business. He/she is required to manage all employees and make sure they get dispatched...

Question

I am planning on hiring a coordinator for my delivery business. He/she is required to manage all employees and make sure they get dispatched on time. If a driver unexpectedly absent he/she can deliver those stops until the driver returns or is replaced. He/she will be in charge of taking the vehicles that need repair to the repair shops. The majority of the responsibilities are administrative (about 70%) but (30%) are physical and are on a at need basis.

He/she will be paid on a salary basis above $500 per week

will this person be considered exempt?

(I know that blue collar workers are not exempt, will the 30% of the physical work which is required when it is needed label this coordinator as a blue collar worker?)

Answer

Exempt from what?

Answer

I assume you mean exempt from the working hours and overtime requirements of the Labor Code (sections 500 et seq.). Please get ahold of a copy of the Labor Code - it's available on line or in county law libraries in every county -- and look at sections 500, 510 and 515. Note in particular that Labor Code section 515(a) exempts employees whose work is "primarily" executive, administrative and professional, and 515(e) says "primarily" means more than one-half of the employee's worktime. If you want to be sure that the duties you will assign to this employee meet the "executive, administrative and professional" test, either have a conference with a local Industrial Welfare Commission officer or review their Web site.

1.Do I have to sign the Full Final Settlement Agreement? 2. If I don't, what are the consequences?3. If I'm obligated to do this, can I on...

Question

1.Do I have to sign the Full & Final Settlement Agreement?

2. If I don't, what are the consequences?

3. If I'm obligated to do this, can I only agree to some terms?

My case was dismissed with prejudice. I spent 3 years in pain and suffering, as well as depression, from an initial misdiagnosed, botched surgery and later from a complicated reparative surgery.

The defense attorney was extremely unethical, dishonest, devious and manipulative. He twisted what I said in his favor, presented me as a liar and persistently discredited me with the doctors he deposed.

To add further insult to injury, he warned that they will either file and prosecute any future civil action against me for costs, including one for malicious prosecution. The Confidentiality clause forbade me from mentioning my case in Internet websites. I found a website in which this attorney was described as unethical and dishonest.

4. Whether I even consider this is not the issue. It's the fact that he expects me to kowtow to his demands 100% without an iota of consideration for me that I object to. Would this clause prevent me from reporting him to the California Bar Assoc. and the podiatrist to the Podiatry Board?

In all good faith I could not bring myself to sign it, especially when I feel strongly that justice has not been served. As a single female senior, it's been very hard on me. My attorney, who took my case on a contingency basis, does not want to spend more time on it. For my own sanity, I need to know the unbiased options. Thank you very much.

Answer

If you want the settlement you have to sign the agreement. IF you can negotiate better or different terms, feel free to try. If you don't sign, you don't get the settlement.

If i make a wall clock (wood burning) at home and put a school logo on then sell ,, legal or not..

Question

If i make a wall clock (wood burning) at home and put a school logo on then sell ,, legal or not..

Answer

Please explain to me how a wood-burning wall clock works. And tell me why anyone would want a wood-burning clock in the first place.

My father recently got married and his wife fixed his papers. I have been living in the USA for about 14 years. I came in legally with a vis...

Question

My father recently got married and his wife fixed his papers. I have been living in the USA for about 14 years. I came in legally with a visa. I am 19 years old and i am under the dream act i have my work authorization permit. I am not married and have no kids. And i do not have a criminal record. I would like to know if my dad and his wife can fix my papers. If so about how long would i have to wait?

Answer

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

My husband and I are getting a divorace in about 2 months. We have been married since 1990. We have 3 teenagers. He has a full time job. I h...

Question

My husband and I are getting a divorace in about 2 months. We have been married since 1990. We have 3 teenagers. He has a full time job. I have no job,and no money. I will be living on my own. How can i get a free apt.close to my teenagers.

Answer

It sounds like the kids will be living with him. Their choice or his demand. There is no such thing as a free apt. You can seek maintenance, formerly known as alimony, which you can use to pay rent. Why are you moving out? Too few facts to give a complete answer.

Answer

You need to immediately find yourself a lawyer. There is no way after 20 plus years of marriage that you be walking away with nothing and be left homeless as a result. There are provisions in the law now that require a court to order the spouse with all of the assets to pay for or at least contribute to the attorney fees of the party without access to the assets. Since your husband is employed, he may have pension funds, savings or investments which should be split with you. There is also maintenance as Mr. Shimberg noted.

Start calling around, you should be able to find someone to assist you in your area.

my grandmother passed away earlier this year. I received an inheritance of $9,000 from her. is this taxable? I live in Kansas

Question

my grandmother passed away earlier this year. I received an inheritance of $9,000 from her. is this taxable? I live in Kansas

Answer

The general rule is that an inheritance is not subject to income taxes, unless the amount includes some interest or dividend income. Whether or not federal estate taxes applies depends on the size of the taxable estate of the deceased compared with the amount that is excluded from taxation under current law. You should consult the attorney or CPA handling the estate to be sure you have all the facts, and then contact a tax preparer for guidance.

I am planning to adopt my second cousin's baby. Is the baby still on the 4th degree?My dad and my cousin's dad are first cousin .

Question

I am planning to adopt my second cousin's baby. Is the baby still on the 4th degree?

My dad and my cousin's dad are first cousin .

Answer

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM

My husband has forgery, uttering and grand larceny charges. He stole checks from a women he knew and cashed them for a total of about 4000.0...

Question

My husband has forgery, uttering and grand larceny charges. He stole checks from a women he knew and cashed them for a total of about 4000.00 for drugs. If he pays the women back and she goes to court and asks for drug rehab or a lesser sentence do you think it would make a difference in the state's desssion?

Answer

Hard to say (in my opinion) depending upon the court and office of commonwealth's attorney involved, but if this victim is willing

to testify in your husband's defense, it could be an advantage that

your husband's defense counsel should be made aware of.

My landlord has recently started a renovation project on the first floor of the apartment building in which I occupy the the third floor. Th...

Question

My landlord has recently started a renovation project on the first floor of the apartment building in which I occupy the the third floor. The workers start everyday at 8 a.m and continue until around 5 p.m they do this 7 days a week. It has been going on for a month already and it involves complete reconstruction. The noise is extreme and due to the age of the apartment the shaking and banging are felt at all times. She says she plans on working her way through the whole apartment which would be months and months of work. My water gets shut off at times from this and they work on gas lines at times and odors reak throughout the building. I'm just wondering what kind of rights I may have. I've asked her to possibly have them start later but she refuses to listen to any request I have in this matter. Thank you for any help.

Answer

This is quite possibly a constructive eviction and/or at least a beach of the covenant of quiet enjoyment.

If you have the means, you should hire a lawyer to either rectify the situation; or negotiate a termination of the lease that won't end up with you owing the landlord thousands for breach.

Can I leave the state with my 3 year old child to flee from an abusive husband? There is an active restraining order currently in place agai...

Question

Can I leave the state with my 3 year old child to flee from an abusive husband? There is an active restraining order currently in place against him.

Answer

Yes, unless there is a Court Order stating otherwise. If he has visitation per the domestic violence Injunction, he might assert that your relocating out-of-State frustrates the intention of the Order.

If the marriage is over, pursue a divorce.

Confer with an experienced family law attorney.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Call me to discuss the specifics of your case. I will give you a realistic idea as to the likely cost (fees and expenses). Then if you want, we can schedule a no-obligation office consultation.

Evening, and weekend appointments are available at the Palm Harbor office.

Please do not send text messages.

Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1014 Ohio Ave., Ste. B

Palm Harbor, FL 34683

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Answer

As long as you are not violating any current court order, yes.

Answer

If no court orders in place and not married to him yes. Otherwise no.

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

Answer

I would be very cautious. Review Florida Statute 61.13001 as to relocation. As a sanction the Judge ,ay order change of custody

What happens if oil is added to dipstick?

What happens if oil is added to dipstick?
Adding oil on the dipstick or in the tube should not affect anyengine performance. However, the sheer small size will likelyrequire oil spillage, which will cause smoking and odors once theengine heats up. Also, allow about 30 minutes to elapse beforereading the dipstick to guarantee level accuracy. For best results,use the appointed filler piece to add oil.

My husband and I have been married for about 14 years. We purchased a house a few yeas ago, and had our first baby that year as well. We alw...

I have been living in the same apartment with my son for more than 4 years and have been paying the rent with my own check although the cont...

Question

I have been living in the same apartment with my son for more than 4 years and have been paying the rent with my own check although the contract of lease is between my son and the landlord. The management of the apartment have been changed three times during the 4 years of my stay. The present management said that I am not a legal tenant or resident of the apartment since I was not included in the names of occupants in the contract. Am I a legal tenant? Do I have rights?

Answer

You are a legal tenant. A written lease is not required to create a tenancy. Occupation of the landlord's property in exchange for rent payments creates a tenancy. Your landlord's management company is wrong.

Hi there, I would like to ask if extortion or blackmailing is a crime in Orange County Florida.I am being threatened by my estranged husband...

Question

Hi there, I would like to ask if extortion or blackmailing is a crime in Orange County Florida.

I am being threatened by my estranged husband (who has taken more over $15000 from me) that if I do not send him more money, he had "good stuff to show all my family and friends".

He is using the divorce to extort money from me as I am in Singapore and cannot file for divorce from here.

I have given him so much money for the so-called divorce that I don't have any money left.

I have all the conversations on email, the letter he wrote, his threats.

Can you advise pls?

Regards, Cassandra

Answer

yes it is a crime, get the cops involved to catch him.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

[email protected]/* */

www.careyandleisure.com

1. Trust assets remain in trust for 2 more years and there is a special needs trust2. Trust selling one of the income properties3. Possibly ...

Question

1. Trust assets remain in trust for 2 more years and there is a special needs trust

2. Trust selling one of the income properties

3. Possibly using profit to purchase another income property using 1031 exchange

a. Can one of the renters be the beneficiary of the estate once it's distributed

b. Can one of the tenants be a co trustee of the estate

4. If this can not be done, is there a way to purchase something for the beneficiaries can live in

5. In 2 years when estate is distributed​

​, will the beneficiary with special needs go into his name or his trust name? If he has leins against him, will they come after the money is his trust?

6. When the properties are distributed in two years, will there be tax penalties and is there a way to lesson those.

7. Other options for the selling of the apartment in terms of avoiding a huge tax bill? Investments, etc.

Answer

It is almost impossible to respond to yur question without a great deal of additional information on the trust, its terms and its reason for existing. You need to obtain advise from a probate and trust attorney who has knowledge of the operation of Special Needs Trusts. THe questions are alittle to random to make sense.

In California is there a statute of limitations for returned check. It's from September 2009

Question

In California is there a statute of limitations for returned check. It's from September 2009

Answer

The following limitation periods apply, after which a court action cannot be filed:

(1) action to enforce the drawer's obligation to pay the face amount of a returned check -- three years. (Comm. Code, sect. 3118, subd. (c).)

(2) action to enforce a statutory service charge -- three years. (Code Civ. Proc., sect. 338, subd. (a).

and, (3) action to enforce a statutory penalty -- one year. (Code Civ. Proc., sect. 340, subd. (1).)

Replay Baseball has expanded its operations to several Midwest states including Illinois. This expansion now accounts for thirty percent of ...

Question

Replay Baseball has expanded its operations to several Midwest states including Illinois. This expansion now accounts for thirty percent of its business. Nucky has hired Eli, a 62 year-old Native American who resides in Massachusetts, to deliver baseballs to this new region. Eli is kept very busy and works fifty hours per week. Eli delivers the baseballs in a large tractor-trailer that Nucky purchased from Empire Trucks, a small truck dealer operating exclusively in Boston, Massachusetts. Nucky has designed the trailer depicting several scantily clad women in bathing suits holding baseballs. The trailer does not include rear windshield wipers in the back of the cab.

Illinois has passed a law mandating rear wipers in cabs for all trucks travelling on its highways.

1. Does Replay Baseball have an argument opposing the new regulation?

What if the federal government passes a law mandating that all tractor-trailers must include a new spray-on product on rear windshields that it claims is superior to windshield wipers.

2. Is this law Constitutional? How do courts resolve the differences between the two laws?

One day Eli is driving the truck to Illinois from Boston when the brakes malfunction. The brakes fail at the Massachusetts border and the truck slides across the border and strikes Darmody in New York. Eli gets out of the cab and screams several racial insults at Darmody who is uninjured. Eli injures his leg when he desperately pressed the brakes in Massachusetts before he slid across the border.

Two lawsuits result:

Darmody sues Eli for violating his civil rights (federal law) in a Federal District Court in New York for $10,000.

3. What are the jurisdictional concerns?

Eli sues Empire Trucks in a New York state court for his medical bills totaling $15,000.

>> Question 3

Answer

This is a completely inappropriate question. Do your own homework.

Answer

You should do your own homework.

I bought a piece of equipment online, seeing pictures, I asked questions was told the picture was current, I signed an as is paper, when I r...

Question

I bought a piece of equipment online, seeing pictures, I asked questions was told the picture was current, I signed an as is paper, when I received the equipment it was not like the picture, doesn't work, I don't even think its the same piece, this was complete fraud. They have offered to send me a little money back, but the piece is garbage, what can I do? I don't live in the state it came out of.

Answer

The perils of dealing on the net. You can go to the seller's state and sue, report the seller to the BBB, or accept the offered refund. If the seller was on a site such as Amazon, report the misrepresentation to the site administrator. You have no easy options.

I inuded my house in bankruptcy in 2008 and was discharged in 2012 but the bank never foreclosed so my name is still on the deed. Nation sta...

Question

I inuded my house in bankruptcy in 2008 and was discharged in 2012 but the bank never foreclosed so my name is still on the deed. Nation star will not do deed in leu because squatters live at the house. Am I responsible for that house if something happens, can I be sued?

Answer

No, unless it was a chapter 7 and you re affirmed the debt. http://www.superdebtbuster.org

if a private pay in home client demands to hire me for xxxamount per hour, provide transportation expenses and anything else they want on th...

Question

if a private pay in home client demands to hire me for xxxamount per hour, provide transportation expenses and anything else they want on their demand, as well as state that in a contract they signed and witnessed by another health care professional. Is it ok to except their employment offer?

Answer

It is unlikely that an attorney will tell you to sign a contract that they haven't read. Find a civil practice attorney in your area, to look this proposed contract. Many attorneys offer a free or low cost initial consultation.

Good luck

In CA, can I waive the following requirement for a Summary Dissolution if my wife and I agree to a mutual repayment?Do not owe more than $6...

Question

In CA, can I waive the following requirement for a Summary Dissolution if my wife and I agree to a mutual repayment?

*Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations")

Answer

No.

Answer

No. It's a jurisdictional issue, and it is foolish anyway.

Can a defendant recoup their attorney fees from the plaintiff if they win in small claims court in the state of WI? If so, how much is allow...

Question

Can a defendant recoup their attorney fees from the plaintiff if they win in small claims court in the state of WI? If so, how much is allowed?

Answer

The general rule in WI on recovery of attorney fees is that each party to a lawsuit is solely responsible for his or her own fees only and not for the opposing party's, regardless of whether or not they win. While there is a very small court cost item which is usually awarded to the winner, it is limited to one or two hundred dollars and is not intended to reimburse anyone for actual fees incurred. There are exceptions to this rule which are rarely used, except for landlord tenant cases and other cases involving WI Fair Trade laws, where actual reasonable fees are mandated for the winner. Even then, however, the amount awarded by the judge may only be a small percentage of fees actually incurred. Even in cases which otherwise require an award of attorney fees, when there is a settlement, these rules no longer apply, and each party instead pays their own fees from the settlement proceeds. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www./answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..

if a hearing is hel dand the judge issues a three year restraiing order but the complaint in the official court record was never signed by t...

Question

if a hearing is hel dand the judge issues a three year restraiing order but the complaint in the official court record was never signed by the plantiff nor the attorney a) is there a complaint?, b) is the judge's ruling binding?,

Answer

a) No. b) Yes. "An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party." Code of Civil Procedure Sec. 128.7(a). So you might want to call this omission to the attention of the plaintiff's attorney. I'm sure they will promptly correct it.

Answer

Any order or ruling is 'binding' unless and until you can get it corrected or overturned by motion or appeal.

According to the Court Order I am to receive Spousal Support Arrears, by Direct Deposit, on the 15th of every Month. If I do not receive the...

Question

According to the Court Order I am to receive Spousal Support Arrears, by Direct Deposit, on the 15th of every Month. If I do not receive the monies, is it appropriate to contact the Respondent's Attorney notifying her; and then what is my recourse?

Answer

You can contact the opposing attorney, unless you yourself are also represented by an attorney. If you are represented by an attorney, your attorney will need to do the contact.

Family law court orders are enforceable the same as other money judgments, and also by way of contempt. If you are supposed to be receiving a direct deposit monthly, then you will probably need to put a wage garnishment order in place.

Can a judge in a probate hearing rule that I pay for legal counsel that did not represent the estate or myself? Other heirs to the estate hi...

Question

Can a judge in a probate hearing rule that I pay for legal counsel that did not represent the estate or myself? Other heirs to the estate hired the lawyer to fight the executor over inappropriate handling of the estate. At the same time, the parties that hired the lawyer are not required to pay from their portion of the estate.

Answer

Under normal conditions and rules, a judge would not order someone to pay for an attorney who that person did not retain. So, there may be something missing here from your understanding or recitation of the pertinent facts. If the amount in question is substantial that you have to pay, you should seek legal counsel.

I have full custody the father has visitation every other week beginning Fri, Sat to return our child on Sun. Father failed to return ch...

Question

I have full custody & the father has visitation every other week beginning Fri, Sat & to return our child on Sun. Father failed to return child & says he's keeping her. Said he'll bring her in a few days because he has a few days off. I said it's not ok. I asked him him to follow the current order. When he failed to return her I filed a police report. I then tried to obtain child with police only to find out that father has modified order without following due process. Father is clearly in contempt of the court & failed to follow due process by failing to serve me. An anonymous message was left on my boyfriends phone for me to go to the wrong court the next day. No date or name of caller was given. Only to show up the next day to the wrong courthouse. Clearly this is unconstitutional & I would like to file motions for contempt of court and failure to follow due process. I'm not sure how to proceed though. I would like the punishment fine for his contempt be to pay for the attorney fees which could've been avoided if he followed legal procedures and process. Is this a realistic outcome? Are there any attorneys that would represent me pro bono or payments. Are there any advocates willing to be paid by the other party if the court rules that the attorney fees are a fair punishment for violating my rights.

Answer

You would greatly benefit from meeting with an experience family law attorney to explore your options. It may be appropriate to file a motion attacking personal service and return to court for rehearing on these matters.

My employer is being sued by a former employee. She has recently created a form she wants us to sign absolving her of any overtime due. She ...

Question

My employer is being sued by a former employee. She has recently created a form she wants us to sign absolving her of any overtime due. She brought out all time cards for 2013 only and wanted us to tell her what overtime she owes us. She says all other years time cards are "lost" .

Answer

Your employer has a legal duty to keep time records for at least 3 years. If you believe that you worked over 8 hours in a workday or over 40 in a workweek, and you did not get paid overtime, don't sign the form. If you worked 7 consecutive days in a workweek, you should have gotten time and one-half for the first 8 hours and double time after that. Overtime is paid to nonexempt employees. If you believe you may be owed overtime, don't sign the form and if she retaliates against you for it, you may have a good case for unlawful retaliation/wrongful termination. Call an employment law attorney to discuss if you believe you are owed overtime or if you want the form analyzed as to your rights. Also, overtime claims go back 3 years and in some cases, four years. So, if you were owed overtime in the past 4 years and wee not paid, you can pursue getting all of it. If you were employed over 4 years, you can only go back 4 years from the date your lawsuit is filed.

How do I transfer assignment of judgement to my son in Los Angeles, California. Is there simply a form I can fill out and send to the LA cou...

Question

How do I transfer assignment of judgement to my son in Los Angeles, California. Is there simply a form I can fill out and send to the LA county courts?

Answer

There is no statewide form. It is done on pleading paper (the lined paper that attorneys use, that complies with California Rules of Court, rules 2.100-2.119.). It must comply with Code of Civil Procedure section 673, or else the judgment debtor can object.

If your son is a minor, there are other issues that are involved. It is a good idea that you consult with an attorney, first.

If u are considering stopping payments on a vacant property to get other things in order....possibly foreclosure....worst case. Bottomline, ...

Question

If u are considering stopping payments on a vacant property to get other things in order....possibly foreclosure....worst case. Bottomline, unable to make payments at this time. Is it better to call the banks and discuss ????

Answer

It depends upon whether you want to keep the property or let it foreclose. Perhaps the company would be willing to modify, or perhaps you can refinance to a lower payment. If you do not make the payments, you will eventually lose the property.

I am starting a company that provides leadership training. The trainers are experienced leaders in their profession and will offer their own...

Question

I am starting a company that provides leadership training. The trainers are experienced leaders in their profession and will offer their own insights and knowledge to new and aspiring leaders in their field. They will determine everything about the course offering and recruit participants in their state. My role is to collect registration fees from participants, identify instructors and provide a national name for independent professionals to attach their course offering to. They are paid a flat fee. Is it accurate to identify the instructors as independent contractors? What other things do I need to do to ensure this model follows all laws?

Answer

This will require a written agreement

Hopefully drafted by an experienced Business Attorney

Call or email for no charge consult

I am in Eden Prairie

If a judge grants a divorce and the husband dies before the 6 month waiting period is the estranged wife entitled to anything?

Question

If a judge grants a divorce and the husband dies before the 6 month waiting period is the estranged wife entitled to anything?

Answer

The judge cannot grant the divorce until the 6 months have passed. So your question proposes a situation that could never happen.

Answer

The divorce will not occur until the full six months passes. Therefore, no divorce occurred before the death.

Answer

I agree with the two prior answers. If you are in this situation, I suggest consulting with an attorney and going over the actual facts in detail. There are special rules as to when a divorce court has jurisdiction and when the probate court takes over if death occurs during divorce proceedings.

We just found out the new landlord for my mother-in-law might be putting forth eviction papers in for her. We are moving her out the apt nex...

Question

We just found out the new landlord for my mother-in-law might be putting forth eviction papers in for her. We are moving her out the apt next week Monday or Tuesday. If she gets evicted between now and then and she is a Senior Citizen would cannot pay her current August rent, could she execute her Senior Rights to stay until we move her? Our fear is she gets evicted between now and Monday and what will happen to her and what rights does she have if she cannot pay and we are getting her out. Please advise, thanks...

Answer

Takes weeks to evict. If she is served with papers, you must answer the complaint. Do not default.

Why does a married man ask other woman out for coffee?

Why does a married man ask other woman out for coffee?
because they are attracted to them and want to have an affair

I just received an attorney letter from my ex-husband requesting i address issues in HIS(not our) recommended amendments to our current time...

Question

I just received an attorney letter from my ex-husband requesting i address issues in HIS(not our) recommended amendments to our current time sharing parenting plan. do i have an obligation to respond? we have shared custody 50/50.

Answer

You don't have an obligation, but if you don't you may well find yourself in receipt of court papers scheduling a hearing for modification of the existing plan. Unless you're prepared to represent yourself in such a proceeding, which would be highly inadvisable, it would be a good idea to at least see if an agreement can be reached through negotiation. Of course, if you are adamant that the plan should not be changed in any way, you ought to let the attorney know that and explain the reasons why, in a reasoned manner. Courts generally don't like to change such schedules unless there is a compelling reason to do so, but every case stands on its own merits, and it always comes down to what is in the best interests of the child(ren).

what level of court in indiana takes presidency over a dr order (when its a small child who has severe medical conditions found out followin...

Question

what level of court in indiana takes presidency over a dr order (when its a small child who has severe medical conditions found out following last court order with specific treatments)

Answer

The court where the order was entered has jurisdiction to modify it, if that is what you are asking about. If that does not answer your posting, you might want to repost with a more specific question.

Where did crayons come from?

Where did crayons come from?
From Wikipedia, the Free Encyclopedia:

The history of crayons is not entirely clear. In the form we think of a crayon today, a combination of pigment and wax, the history is relatively short compared to its chalk and colored pencil cousins. But the word crayon goes back to 1644, a diminutive of the French word craie (chalk) and the Latin word creta (Earth).

How many liters of diesel to be used if traveling 50kilometers by car?

How many liters of diesel to be used if traveling 50kilometers by car?
First of all, it depends on the fuel efficiency of the car, but on average, it uses 1 liter every 14 kilometers. So 14 goes into fifty 3 times with a remainder of eight. About 4 liters, you can go fifty miles.

MY husband and I were divorced seven years ago. He did not show up at the court. In the final papers, it says that I have a "limited power o...

Question

MY husband and I were divorced seven years ago. He did not show up at the court. In the final papers, it says that I have a "limited power of attorney" to sell the house. I want to sell the house now and my ex is not cooperating. What is a limited power of attorney in regards to the sale of a home owned by both of us.

Answer

The language contained in the Court order should spell out exactly how the power of attorney may be used by you to sell the house without your ex having to sign or do anything. You should involve the services of a real estate lawyer in your county to assist, because this is beyond the services of a Realtor.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Does it matter if I have medical insurance to get compensation for my injury?

Question

Does it matter if I have medical insurance to get compensation for my injury?

Answer

No but it might affect how much you eventually net from a potential settlement.

Answer

You can sue over an injury that was covered by your insurance, but your insurance will be entitled to recover its costs from your judgment. That process is not as straightforward as it might sound, especially if the judgment (after attorney fees and costs) is less than what the insurer paid. It also gets complicated when the defendant pays less than the court orders him to. You should consult with a local attorney about your prospects before you decide what to do.

Good luck.

Answer

Whether you have health insurance will, in California, affect how much you can recover for your medical expenses. At this time an injured party can only recover the amount of medical bills paid by anyone, including your health insurance. You cannot recover for the amount billed, only the amount of that bill that was actually paid. Any amounts paid by you yourself can also be recovered.

Your health insurance company then has a right to recover from your settlement or verdict the amounts it paid, although your lawyer can often negotiate a reduction of this reimbursement.

Hope this helps.

James Geagan

Law Offices of James Geagan

846 Broadway

Sonoma, California 95476

Where can one compare cheap European Car Insurance deals?

Where can one compare cheap European Car Insurance deals?
One can compare cheap European Car Insurance deals by visiting local car dealers or asking a relative who has knowledge about car insurance deals. One can also find this information on a variety of websites.

I sold a jeep to a car lot without prior knowledge of the vehicle having a previous salvaged title. The jeep has a clean title through the s...

Question

I sold a jeep to a car lot without prior knowledge of the vehicle having a previous salvaged title. The jeep has a clean title through the state of Mississippi. The car lot tried to sale the vehicle but discovered it had a previously salvaged title through the state of Louisiana. The car lot is now telling me I have to buy the jeep back or they will file a civil suite against me.

Answer

This is not a question. I'm not sure what you want to know.

My sons dentist wont allow me in the room while my 5 year old autistic son is being sedated and having a procedure done is that approved by ...

Question

My sons dentist wont allow me in the room while my 5 year old autistic son is being sedated and having a procedure done is that approved by law in the state of california?

Answer

That's bizarre. He must be doing something he doesn't want you to see.

How often does Mr T shave his head?

How often does Mr T shave his head?
every 2 weeks and that's a fact!

Mass. state. Nephew had POA , nephew added his own name to uncle's deed.nephew sold house while uncle still alive. Nephew is Executor also==...

Question

Mass. state. Nephew had POA , nephew added his own name to uncle's deed.nephew sold house while uncle still alive. Nephew is Executor also====he has not filed will with probate and uncle has been deceased 11 months.

Answer

It appears that the nephew has engaged in what we call "self-dealing". You should contact an attorney immediately. The success of any legal action against the nephew would depend on whether the uncle knowingly added the nephew to the deed or was either manipulated into doing so or lacked mental capacity. Alan Fanger www.lawfang.com

Answer

I agree with Attorney Fanger. You need to figure out whether the uncle knew about the transfer. As for not filing for probate, it is possible that the uncle had no probate assets, which would mean that no probate court filing would be required even if he left a will. Probate assets are any assets that the deceased owned in his own name that were not owned jointly with another or that named beneficiaries or were in a trust. It is possible that the nephew put all of uncle's assets into his own or joint names before he passed.

You have a tough road ahead, and as Attorney Fanger also said, you should act asap. In order for you to make a claim - to have "standing" - you must show that you have an interest in the estate. Would you or others have inherited from Uncle if he had passed without a will, or do you know of a will that named others besides nephew? If so, you should speak with an attorney to get something gong in probate court to start the process so you can at least find out what happened and then determine what if anything you can do about it.

Good luck to you -

I am planning on producing a game which heavily quotes from various media (anime in this case) and includes fan made art of said media. My q...

Question

I am planning on producing a game which heavily quotes from various media (anime in this case) and includes fan made art of said media. My question is two fold:

1) In the first case, suppose that this media is licensed in the US. Would my game which includes quotes and fan-made art be breaching copyright laws?

2) In the second case, suppose that this media is originally in another language and that fan-made translations exist. If I quote using the fan-made translations, is this still an issue? If the licensing happens after I produce my game, will this cause trouble as well?

Thank you!

Answer

The only possible answer to 1 and 2 is "maybe." The devil is in the details my friend. In general, using quotes will be fine because they are not protected under copyright, but they may not be case depending. For example, some quotes are employed as trademarks and your use may be infringing in that regard. Some quotes that consist of a large amount of material from the broader body of work or the most commercially recognizable portion of that work may still be protected under copyright law. Lastly, creating a false association with a given author or enterprise can lead to legal claims.

You really need to consult with counsel in private and figure out a best course of action.

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.

regarding grandfather clause. The golf club bylaw allowed members with 40 straight years to no longer pay dues. Now, 2014 they changed the b...

Question

regarding grandfather clause. The golf club bylaw allowed members with 40 straight years to no longer pay dues. Now, 2014 they changed the bylaw and allow this type member t only play 5 times a year unless the member will pay 1/3 dues. Is such a change allowed and legal?

Answer

If the club followed their rules for amending the bylaws then the change is valid.

John

I moved from California to Arizona while on workers comp. My dr. cancelled my appointed in Calif I have not rescheduled due to move. Do I ...

Question

I moved from California to Arizona while on workers comp. My dr. cancelled my appointed in Calif & I have not rescheduled due to move. Do I contact my adjuster to have them locate a dr. in AZ? I want to retain an atty. but do I retain in California?

Answer

This question is misclassified as an Arizona question. Your claim is governed by California law no matter where you live. I have many clients with Arizona claims who live in other states. I presume that it's the same in California, so you should consult with a qualified specialist in that state.

I would like to buy land in Richmond CA. The APN is 558-193-004-6. I noticed the zoning is TESP. What can be built on it legally and what ar...

Question

I would like to buy land in Richmond CA. The APN is 558-193-004-6. I noticed the zoning is TESP. What can be built on it legally and what are the legal restrictions? Please provide the records associated to this APN.

Answer

You clearly do not understand what is for and what you can expect from a free question on the site. We answer general questions about general legal issues and situations. This is not a lawyers will give their legal work away for free site. If you want specific legal advice and counsel and most certainly if you want research into title and zoning records, you need to hire a lawyer. I can tell you, however, that 'TESP" appears nowhere in the Richmond Zoning ordinance. So that is not the zoning for the parcel.

Answer

I see you asking the same question over and over. No one here can or will give you legal advice or legal opinion; you are not in an attorney-client relationship required for that.

You can only get general guidance of what you should do to get a specific answer. In this case, there is no reason for you to think any attorney is going to give you time consuming detailed analysis, research and advice without being hired to do so. Attorneys do not work for free, any more than you do. You need to hire an attorney in that area of law and in your locale.

Answer

"TESP" in Richmond, California planning and zoning parlance refers to the "Tiscornia Estates Specific Plan." With this information, perhaps you can find further information on line. The city should also be able to provide you with leads.

I want to leave my franchise and open my own similar business and want to know about non-compete and if I even have a valid franchise. The f...

I owe income axes for 2003 and 2006. I also have a federal court-ordered restitution from 2009. I have heard that until the restitution is p...

Question

I owe income axes for 2003 and 2006. I also have a federal court-ordered restitution from 2009. I have heard that until the restitution is paid in full, the IRS cannot collect the taxes. Is this true?

Answer

Probably not true. A review of your specific facts and circumstances would be needed to provide a better answer. Basically, IRS can collect from any assets or sources of income that are not exempt under law from levy.

This is in regards to wills in probate. In the state of New York can a notary legally notarize a document in which he/she is also an attorne...

Question

This is in regards to wills in probate. In the state of New York can a notary legally notarize a document in which he/she is also an attorney to a party, who are beneficiaries, to a document and also files to be executor of that will. This would mean that he/she is representing themselves as the notary, the attorney and the executor for the same case.

Answer

yes

Answer

I am not sure of the document type but in most instances an attorney can witness and notarize everything but his own signature. For example, I might be the attorney for a child who brings a parent to me to prepare a Will, and the parent does a Will naming the child as one of the heirs that will inherit and me as the Executor. I can witness the parent's signature and act as the notary to it also. However, my signature has to be notarized by someone else. As the named Executor, I can also submit the Will for probate when the parent dies.

I Recently Lost A Loved One, And They Had Set Up An Irrevocable Trust And Will. My Father Is The Trustee Of Everything And Told Me Before It...

Question

I Recently Lost A Loved One, And They Had Set Up An Irrevocable Trust And Will. My Father Is The Trustee Of Everything And Told Me Before It Was Read That It Was All Binding And If Anything Was Fought No One Would Get Anything. I Was Then Told I Was Left Their Personal Belongings And A Vehicle. My Father Then Told Me My Deceesed Loved One Had Meant To Change The Will And Had Never Got Around To It, And I Was Supposed To Be Left Out. I Would Still Get Their Belongings, But The Vehicle Would Go To The Oldest Living Relative. I.e. Not Me. When I Questioned Him He Told Me To Be careful I Was Close To Not Getting Anything. I Feel Stuck And Unable To Defend Myself In This Matter. What Should I do? My Relatives Spouse Told Me I Was Supposed To Get The Vehicle And It Was Paid Off. My Father Says Otherwise And I Don't Know How To Find The Truth. He Will Not Let Me Have Any Paperwork And Keeps The Trust And Will Close To His Hand. Please Advise.

Answer

obviously the trust rules..but only if a Court enforces the trust so u must make the decisiion to hire a lawyer...Hopefully you have a copy of the trust?

My soon to be ex wife is moving her boyfriend in with our daughter despite the fact their relationship is based solely on long distance phon...

Question

My soon to be ex wife is moving her boyfriend in with our daughter despite the fact their relationship is based solely on long distance phone calls. The boyfriend and our daughter have never met or spoken. What if anything can I legally do? This is in Maryland if it makes any difference.

Answer

If there is a custody/visitation order, is there a prohibition on overnight guests of the opposite sex? If so, you can file a petition for contempt. If such a prohibition doesn't exist, you need to file an emergency petition for custody modification to change custody or to insert a prohibition on overnight guests.

Also licensed and practicing in Maryland.

Can the bank put a lien on my new house if my old house gets foreclosed on? The house being forclosed on is in California and it's my primar...

Question

Can the bank put a lien on my new house if my old house gets foreclosed on? The house being forclosed on is in California and it's my primary home.

Answer

A lot of things would have to go wrong for the bank to do that. First of all, I am assuming that the only security for the loan is the deed of trust on the "old house." A lender can only put a lien on the new house if you consent, or if they obtain a judgment.

Most lenders in California foreclose nonjudicially, at a trustee's sale which does not involve a court hearing or lawsuit at all. It takes about 4 months from start to finish (assuming there are no postponements). California law has anti-deficiency provisions. The one that comes into play here is set forth in Code of Civil Procedure section 580d. That section prohibits a lender from obtaining a deficiency judgment after exercising the power of sale in a deed of trust by way of a trustee's sale.

For a lender to get a deficiency judgment, the lender would have to file a lawsuit to foreclose. Those are incredibly rare, because they are expensive and time consuming. There are other anti-deficiency provisions that apply to these types of sale, such as a prohibition on a deficiency judgment for any purchase money loan. (See Code of Civil Procedure, section 580b.)

There are, of course, exceptions to these rules, such as lawsuits for fraud or bad faith waste, but they are also rare. As I mentioned at the start of this answer, a lot of things would have to go wrong for that to happen.

my sister died on jan 11 2014 no will husband named as beneficiary on cancer policy he is also deceased he had 2 adopted children she has no...

Question

my sister died on jan 11 2014 no will husband named as beneficiary on

cancer policy he is also deceased he had 2 adopted children

she has none 7 siblings are her only surviving relative

who is rightful owner of proceeds

Answer

I presume you mean there was a life insurance policy naming your sister's husband as the beneficiary and he died before her. Unless the life insurance policy dictates that the husband's heirs take, the life insurance should be paid to your sister's estate. Your sister's estate would then go to her surviving heirs.

Someone will need to open up an administration for your sister's estate to claim this and any other assets she might have.

Please let me know if we can assist.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

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Answer

Attorney Pollock is correct. The husband's adopted children do not inherit any of this money unless they are contingent beneficiaries.

You need to know who the beneficiary would be if the husband died. If there is a contingent beneficiary named, the money goes to that person whoever it is. No estate would need probated if there are no other probate assets.

If there is no contingent beneficiary named, then the funds are paid to your sister's estate. An estate would need probated to get this money, but the money would first go to pay any creditors. After the creditors and other estate expenses are paid, the net amount remaining would be distributed to your sister's heirs under the intestacy law of the state where she lived prior to her death. If this is PA, then the money would go to her siblings since she has no living spouse or children as per your post. The insurance money and any other assets would be split among the 7 siblings.

My spouse had a 401k when we married. During our marriage it was rolled into an IRA. What part of the IRA is available to ask for? What the ...

Question

My spouse had a 401k when we married. During our marriage it was rolled into an IRA. What part of the IRA is available to ask for? What the 401k earned while we were married or the full IRA since it was established while we were married?

Answer

The full 401K/IRA is marital property

man creates a 200,000 dollar bill at a high end eatery. Pays with a credit card, walks out and claims the card is stolen.What legal recourse...

Question

man creates a 200,000 dollar bill at a high end eatery. Pays with a credit card, walks out and claims the card is stolen.

What legal recourse does the establishment have against this person?

Answer

None whatsoever, because it didn't happen. Does your mommy know you're playing with the computer again?

My dad and uncle are on a mortgage loan. My father moved to Utah but my uncle lives here in California. There are three houses on one proper...

Question

My dad and uncle are on a mortgage loan. My father moved to Utah but my uncle lives here in California. There are three houses on one property! I live in one house, my cousin lives In the other and my uncle, who is on the mortgage loan, lives in the third. My uncle takes our payment and pays the mortgage when he feels like but my father has told me to start paying the mortgage directly because my father is getting in trouble for it. My uncle threatened me with a three day notice if I don't pay him directly. What should I do?

Answer

Are you on title at all? Or just living there as a condition of paying the loan?

My young son tripped on exposed wires in a retail store, causing interior lacerations to his mouth, bruising and blunt force trauma on a the...

Question

My young son tripped on exposed wires in a retail store, causing interior lacerations to his mouth, bruising and blunt force trauma on a the concrete floor. retailers insurance offered to pay medical cost only and pain and suffering ratio of 0.67% of overall cost. I rejected the offer provided further explanation regarding why the offer was unacceptable and they could care less. How do increase this insurance company settlement offer and file suit against the retailer directly?

Answer

Hire an attorney. Permanent injury is required to maximize the value of such a case. You don't mention whether your young son was injured and it wont go away. Resolution of a claim for a minor in excess of $15,000 must be placed in a guardianship account. You need an attorney to maximize the recovery.

Answer

We are sorry to hear about your son's injury. Our best advice is that you consult with an experienced personal injury attorney, rather than continuing to deal with the insurance company yourself. We offer free no obligation consulations, so feel free to contact us on our toll-free hotline 1-888-352-5298. And to answer your question, if a lawsuit is required it may only be against the retailer, not their insurance company. In Florida, injured victims must sue the "real party in interest," here the retailer. We look forward to hearin from you.

How can I sue a city for injunctive relieve? The city built a new library and placed 2 HVAC units close to my home, specifically by my bedro...

Question

How can I sue a city for injunctive relieve? The city built a new library and placed 2 HVAC units close to my home, specifically by my bedrooms and bathroom. Prior to building I spoke with the city and was given plans and assured that nothing but landscaping and fencing would be placed between our buildings. The city built with a 5 foot setback from the property line. My setback is 10 foot. The units are rated at 72 dbs (the sound of a vacuum or worse) each which is in violation of DEQ regulations of 65 dbs in day and 55 dbs at night. The units are in operation 24 hours and 7 days a week. I am no longer able to use 5 rooms on this side of the building or porch. I am also having problems sleeping and daily migraines.

There is also an odor coming into my house from these units. They are situated in the front portion of the building and are unsightly. The value of my property has been reduced.

Answer

You could sue the city for trespass and nuisance and seek injunctive relief and/or money damages. You would file the suit in county Circuit Court. If you seek less than $10,000, you can file it in small claims court without a lawyer. See http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm. But the small claims court cannot issue an injunction to get the noise and fumes to stop, and I would think that the reduction in property value is more than $10,000.

In a legal sense how should I go about starting my record label business?

Question

In a legal sense how should I go about starting my record label business?

Answer

Hire a good law firm with business formation and intellectual property depth.

Answer

In my experience as a business lawyer (15 years) and before that as an entrepreneur (20+ years), I've come to conclude that many business start-up questions can be answered, or don't even need to arise because you already know the answer, by obtaining and skimming two or three of what I call "paperback self-help law books." These are how-to manuals for people who want to start businesses without the lumps, bumps and miscellaneous mistakes that someone would tend to make without an MBA, expensive consultants and tons of experience.

I suggest getting several because (a) they don't necessarily cover the same topics, and (b) each author will have different advice and a different way to phrase it. Skim them to become acquainted with the contents, then when specific issues and problems arise, go back and study the details.

Suggested publishers: Nolo Press (e.g., "How to Form Your Own California Corporation) and Berkley Books ("The Entrepreneur's Guide to Patents, Copyrights, Trade Secrets, & Licensing").

The County built an above ground sewer lift station (LS) instead of a road in public right-of-way on 1/3 of our property. They also blocked ...

Question

The County built an above ground sewer lift station (LS) instead of a road in public right-of-way on 1/3 of our property. They also blocked access with a locked gate. Did the county effectively abandon or vacate the ROW? The sewer district is separate from the county now. ROW dedicated in the 50s to extend the road across our property to the adjacent Water district., LS was built in the 60s, but added to as recently as last month. Sewer District separated from County in 2012. Can we force vacation of the ROW? County wants lots of $$$ and concessions we are unable to give - like a fire truck turn-around. The LS overflows onto our property and into the stream when the copper wire is stolen, so we set up security cameras for the LS. A utility service easement instead of a ROW would free up use of most of our property.

Answer

I think your question leaves out some key facts, such as why the county is asking you for any money or concessions. For what? They don't ask for money in order to occupy your property as they have for 50 years +/-. You need to lay out the whole story to a real estate attorney who is knowledgeable about land use and land titles.

I have joint custody of my two boys with their father. We usually go week to week unless he decides otherwise. we have been divorced for six...

Question

I have joint custody of my two boys with their father. We usually go week to week unless he decides otherwise. we have been divorced for six years. I housed and cared for both boys for three and a half of the years divorced, Since he has acquired a very good paying job he has helped with them. I recently lost my job and have no income whatsoever. I have my boys and cannot afford them. He's not taking them to be spiteful, Am I entitled to child support? He says if I try to sue him for support he'll take me to court and get full custody. He has never helped me financially or otherwise in the 12 and 15 yrs raising these boys. What are my legal rights at this point?

Answer

You are entitled to child support. Court will review child support every 3 years. He's threatening you because he knows that he'll have to pay because of the disparity in your incomes.

I have a question about California Civil Code 827. I have lived in an apartment in San Jose, California for a number of years. I am not cove...

Question

I have a question about California Civil Code 827.

I have lived in an apartment in San Jose, California for a number of years. I am not covered by rent control because I live in a newer apartment.

I currently have a written month-to-month agreement. If my landlord wanted to change my month-to-month agreement to a year lease, can my landlord do this unilaterally without my consent?

In other words, can my landlord serve me with a notice saying that my tenancy is changed from a month-to-month to a one year lease pursuant to Civil Code Section 827?

Or does my landlord have to obtain my written consent to change my month-to-month agreement to a year lease?

Answer

You both would have to agree on making it a fixed term lease.

Me and my husband are separated and i have the two kids. I want to move to Michigan with them and no one has filed for a divorce yet. How lo...

Question

Me and my husband are separated and i have the two kids. I want to move to Michigan with them and no one has filed for a divorce yet. How long do i need to be in another state before i can file there?

Answer

All states are different. In Florida, you must reside for 6 months before you are considered a resident. Once residency is acquired the Michigan, courts can then exercise jurisdiction upon you filing a petition for dissolution.

my daughters mother left for 6months I was left with my daughter she just took off. I had a warrant for abandonment placed on her. she came ...

Question

my daughters mother left for 6months I was left with my daughter she just took off. I had a warrant for abandonment placed on her. she came back and she tricked me into getting the warrant took off. after the fact I was lured into letting my daughter stay the night with her mother now she wont bring her home. what do I do? she isn't a good mother. what are my options?

Answer

Unless you are married to the mother, or are divorced from her, or have legitimated the child, you have no right to see the child. Even if those apply, unless a court has given you custody or visitation, you don't have such rights. To seek custody or visitation, you should get a lawyer.

I am desperately seeking an answer , so I hope you will respond. My boyfriend has a prior DUI and I think one other misdemeanor in his past ...

Question

I am desperately seeking an answer , so I hope you will respond. My boyfriend has a prior DUI and I think one other misdemeanor in his past . His DUI is more recent and he has been put on probation for that . A few days ago apparently he was pulled over for driving without a license since it was suspended or revoked due to DUI. His mom tells me he is in jail but will not give me any other information. However I called all the county jails he possibly could be held in and they said his name was not in the system and they didn't have him in custody. I just don't understand . My question is ... Is there any possibility of him not being in the systems but really being somewhere in custody? I want to believe it's not a lie, but the more i research and try to find him the less I see it as being true .

I hope to hear back ,

Answer

It's possible that when he was arrested he gave a false name. When one is arrested they take the arrestee's fingerprints and quickly find out the person's real name but he may have been booked under a false name. On a previous arrest he may have given a false name and he may be booked under that aka. It is also possible that he was booked under the name that is on his birth certificate and he goes by a different name. Another possibility is that he is on probation out of county and that he was transferred to the county where he is on probation. Jail's are notorious for getting names wrong.

Good luck.