How do you treat my sick dog from home?

How do you treat my sick dog from home?
you love on it :)

What was the cause of death of Ronnie Dyson?

What was the cause of death of Ronnie Dyson?
Heart failure

I PICKED UP MY MEDICATIONS AT A LOCAL PHARMACY RECENTLY AND WAS CONFRONTED BY THE PHARMACIST AS TO WHETHER I REALIZED TAKING THESE MEDS COUL...

Question

I PICKED UP MY MEDICATIONS AT A LOCAL PHARMACY RECENTLY AND WAS CONFRONTED BY THE PHARMACIST AS TO WHETHER I REALIZED TAKING THESE MEDS COULD RESULT IN OVERDOSE. I APPRECIATE THE CONCERN BUT I WAS UPSET THAT THIS OCCURRRED AT AN OPEN DESK, WITH ANOTHER PERSON RIGHT NEXT TO ME AND A LINE OF PEOPLE BEHIND ME! I SEE A PHYSIATRIST (Physiatrist: A physician who specializes in physical medicine and rehabilitation. Physiatrists specialize in restoring optimal function to people with injuries to the muscles, bones, tissues, or nervous system) I have had multiple surgeries the latest 9/13 was bilateral knee replacement. I see only one doctor who prescribes my meds. If she is questioning his scripts she should have contacted my doctor not attempt to discuss this with me in front all to hear. I was embarrassed and made to feel very uncomfortable. I let her know this and she then apologized which I'm sure brought more attention to this ordeal. Is it legal for her to discuss what drugs I take as she did. I'd appreciate an answer as I would like to approach Publix and let them know what occurred. Thank you. Elaine Schmidt [email protected]/* */ 727-465-4432

Answer

You don't have a claim for the upset. Her failure to honor HIPAA requirements does not give you an independent cause of action. You can certainly advise Publix that the matter was poorly handled.

I want to change my daughters first and middle name. Her first name is Isis and middle name is Katie. I want to change it to first name Kati...

Question

I want to change my daughters first and middle name. Her first name is Isis and middle name is Katie. I want to change it to first name Katie and middle name Isis. Can I do that?

Answer

Yes, but you would still need to file a petition with the court. It is not clear whether the other parent agrees with the name change, which would help.

I have an OSC for Contempt case on monday in a Sunnyvale, CA Courthouse. Ex-husband stopped paying support completely, never sent in his res...

Question

I have an OSC for Contempt case on monday in a Sunnyvale, CA Courthouse. Ex-husband stopped paying support completely, never sent in his response after I had him served, Commissioner ruled Settlement Agreement is VOID and she restored Child Support at guideline. I am just trying to get back what was court ordered in our divorce settlement, my permanent spousal support. I am representing myself and he will have a lawyer. California Child Support Services Database indicates that he is already in default for not responding in this case. I included evidence that he was employed at the same time he was receiving unemployment benefits (I have EDD Debit Card he gave me to use with his last name mispelled) I confirmed EDD payments he received while he was employed at current employer. I was able to confirm multiple employers, not only one employer as he stated on his most recent Income and Expense Declaration. Q: What do you think my chances are of restoring my permanent spousal support and winning my case? I am nervous for our son and I, become anything less than a win, means we are homeless.

Answer

Contempt proceedings are for enforcing an existing, valid order that is not being complied with. They are not for putting an order in place. It is confusing from reading your post what you are seeking contempt proceedings for: the new guideline child support? the stipulated amount that was void? An order that has not yet been made?

If you enter a real estate contract with a property seller and they indicate they will have all major repairs completed in 60 days (plumbing...

I have a burglary claim, which has been ongoing for 2.5 months and their investigation is still in progress. They have the police report, th...

Question

I have a burglary claim, which has been ongoing for 2.5 months and their investigation is still in progress. They have the police report, they've interviewed me, my property manager and my neighbor. When I asked for an update, I'm told they are waiting to contact the police, other neighbors, my insurance agent (huh?). I don't think I'm getting the runaround, but at this rate, they'll want to contact all the pets from the neighborhood for their written statements. Can I do something about this or is waiting my only option?

Answer

You have no choice but to wait.

Can I be a tourist to america after i-130 approval

Question

Can I be a tourist to america after i-130 approval

Answer

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

Answer

If your priority date is not current, and you can prove you have the intent to apply for your immigrant visa abroad, then you should be able to enter as a tourist. However, do not expect to be able to adjust status once you arrive.

Answer

There is no per se rule that you can't be admitted as a tourist after your I-130 is approved, but if you are an immediate relative (spouse, parent or child under 21 of US citizen), or if you're in a preference category and your priority date is current, the embassy that issues the tourist visa and the customs officers at the airport in the US will be incredibly suspicious of your intent in coming to the US, and you will likely have a difficult time obtaining a tourist visa and/or entering the US as a tourist. If you'd like to discuss it further, feel free to contact me at (973) 856-6240. I don't charge for consults.

We are buying a house from a builder in Las Vegas. The builder is selling its "model home" that it used in marketing that particular communi...

Question

We are buying a house from a builder in Las Vegas. The builder is selling its "model home" that it used in marketing that particular community. As part of the initial offering, the builder explained that all furnishings were also being sold as a separate cash transaction of $5,000. We ended up entering a contract to buy the house, but had not made a final decision on the furniture. We were leaning towards taking it, but not certain. We were never given an exact deadline for having to make the decision, so we said we were leaning towards it, but would give a final answer later. The builder said that would be fine. We signed contracts and agreements and paid our $5,000 earnest money to hold the property. Then, about a week and a half later, we informed the builder that we did want the furniture also. To our surprise, the offer regarding the furniture had been taken off the table because we took too long to respond. They decided they were going to keep the furniture for another building project. In fact, they had already moved all the furniture out of the property. We are extremely dissatisfied with this turn of events, and I want to know if this is even legal. We did not have anything in writing (other than the original advertisement which stated furniture also being sold), but we had a verbal understanding, without any deadline for having to make a decision. We are so upset with this company that we aren't even fully comfortable going through with the sale anymore. Is there anything we can do?

Answer

Under Nevada law, except as otherwise provided in the section governing personal property sales, a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his or her authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

Your attorney can explain further.

I'm applying to an undergraduate program for a social work degree. I was convicted of a 5th degree felony in 2001 for unauthorized use of a ...

About 5 years ago, in 2008, I used to work in a manufacturing company, and during the company's christmas holiday party I met one of my co-w...

Question

About 5 years ago, in 2008, I used to work in a manufacturing company, and during the company's christmas holiday party I met one of my co-worker's father "JEFF", whom happens to be a civil-law attorney.

Last year (in 2012) I was leaving the Courthouse, and I ran into my former co-worker's father (JEFF, the Attorney) as he was going inside the courthouse. JEFF asked me what I was doing at the courthouse, and I told him that I was litigating my civil case In Pro Per. JEFF then told me that I should've called him for his legal help, and if I needed legal help in the future, to call him. I said I will If I need to.

My mom had an Unfair Business Practice case in pro per, that another attorney from Laguna Hills, abandoned.

I asked JEFF in an email, if he could help me with my mom's case by making a Special Appearance via CourtCall, and he emailed me that he could not.

(BTW, during that time, I also emailed a request to one of your LawGuru attorneys-Michael Stone-Malloy from Lions Law Office, and he almost did, but didnt. He had email me in the past to see if he could take another case)

Since JEFF had promised he can help in the past, and now changed his mind, do I have a Breach of Oral Contract/Agreement case against him/his law firm?

I'm willing to negotiate a decent settlement with him?

Answer

No.

Answer

No. You and Jeff never formed a contract, so he could not have breached it.

"Call me if you need legal help" is not a promise to represent you. It's an invitation to discuss having him represent you. To have a contract, you and Jeff would have to agree on what work he was to do, how much he would be paid, and numerous other details. The fact that he invited you to call does not mean you can demand that he handle whatever legal needs might arise, or that you can successfully sue him if he doesn't.

I was recently detained for public urination on a building. I was very intoxicated at the the time and had lost my wallet. They asked me for...

Question

I was recently detained for public urination on a building. I was very intoxicated at the the time and had lost my wallet. They asked me for my name and I gave them a wrong name. I was charged with disorderly conduct and hindering apprehension(NJ 2c:29-3a). In the mental state I was in I didn't know really what was going on. Do you think they will knock it down to just a disorderly conduct since I have no record and was intoxicated?

Answer

Given your lack of a record and the nature of the offense, there is a good possibility a favorable plea agreement can be reached. Call our office at 732-544-1460; we practice statewide.

I was making a purchase online, and as the review your payment page was loading the credit card was charged, and the screen thanked me for m...

Question

I was making a purchase online, and as the review your payment page was loading the credit card was charged, and the screen thanked me for my purchase. I did not click any confirmation buttons nor did I select a card to use (This is on Amazon and I have multiple cards on there). Amazon charged my card and gave me the product while I was still making up my mind before confirming the order. I spoke to customer support, and they told me they couldn't refund it because the game's key code was already sent to me and they couldn't invalidate it. However, later I was told I could re-purchase it, (on the card I wanted), and receive a second key, and they will invalidate the 1st one. I questioned as to why they can't just invalidate the first one, and they said "It's just our policy". My whole issue is that my card was charged without my specific instructions for it to be charged.

Answer

So what do you want to do?

Me and my boyfriend/child's father were codefendants on our case. I served my sentence and now I'm on probation. He is now serving his sente...

Question

Me and my boyfriend/child's father were codefendants on our case. I served my sentence and now I'm on probation. He is now serving his sentence in prison. My question is are we allowed to have contact via letters and phone calls?

Answer

You should check with your probation officer to find out the conditions of your probation. Also you should check with the prison since it may place additional conditions on your boyfriend.

My husband was cremated in Feb. 2014 ... The National Crematory in Hudson Fl will not release his ashes to me I am his legal wife they are s...

Question

My husband was cremated in Feb. 2014 ... The National Crematory in Hudson Fl will not release his ashes to me I am his legal wife they are saying that his children from a former marriage and I have to agree to the distribution of these ashes. I am the next of kin the children want all of them I will not agree to this and have asked the Crematory to send me the ashes and they are telling me they cant what do I do?

Answer

My condolences for your loss.

This situation may be governed by Florida law, if that is where he resided at the time of death, and certainly where he was cremated. Did he appoint an agent for disposition of his remains? If so, that document may resolve the issue. If not, perhaps you and the children could reach some kind of agreement so that you each receive a portion of the ashes to keep and dispose of as you each desire. It may not be ideal, but it would be better than nothing and better than fighting in court. With a signed agreement document, the Crematory will probably follow those directions.

You may need to involve a Florida attorney to assist you.

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.

In the case of injury/property damage exceeding auto insurance limits with a subsequent lawsuit, can a parent be included to satisfy damage ...

Question

In the case of injury/property damage exceeding auto insurance limits with a subsequent lawsuit, can a parent be included to satisfy damage claims? The auto and insurance is owned by an adult child. I heard that if any support to the child by the parent is proven, parent can also be sued for damages. True or false?

Answer

False

Does a California school have the right to know what illness my child stayed home with? specifically what his symptoms and temperature were?

Question

Does a California school have the right to know what illness my child stayed home with? specifically what his symptoms and temperature were?

Answer

State law requires that all children over six attend school unless they are ill and unable to attend. Often a note from a doctor is required for extended absences. It is not unreasonable for a district to inquire about the nature of the illness to verify that an excusable illness is involved. I am sure the district would accept a doctor's note if you are reluctant to discuss the nature of the illness. You can refuse to supply any information but the district might treat as an unexcused absence.

My husband's mother passed away and left him some money. Is this inheritance considered a nonmarital asset?

Question

My husband's mother passed away and left him some money. Is this inheritance considered a nonmarital asset?

Answer

Yes. It is your husband's sole and separate property until he comingles it with marital money.

My ex boyfriend and I have a previous court order concerning visitation rights and child support. We both hired lawyers, went to mediation, ...

Question

My ex boyfriend and I have a previous court order concerning visitation rights and child support. We both hired lawyers, went to mediation, and got everything signed and legal. Now a year later, he is taking me back to court to modify his visitation. He says he has due cause since his work hours are different and he can no longer take her on the court ordered days. This is all fine with me, and I have actually already allowed him to have her on the days that work for him, however, he still is going through with the court date.

The thing is I absolutely cannot afford a new lawyer to deal with this modification. I agree with what he wants (concerning the change in days, not the extra time he is asking), but I have to show up to court alone. I have no idea what to expect in court, no knowledge of what I should be doing, or anything. So I plan to just show up and sit there until I guess someone speaks to me. His lawyer has refused to discuss anything about it with me, even though I made it known that I will be there without an attorney, thus representing myself.

He has also threatened to ask for more time with her, but he has her every other weekend and we share holidays, so I'm not sure how much more time he wishes to have and I am NOT okay with increasing his visitation days. So that makes me nervous, because I fear if I don't show up, he will ask for new things and I won't be there to defend myself against them.

I guess my real question is this: Should I show up at all? What happens if I don't? What exactly will happen during this court date? Can he change what he is asking for if I don't show up and get it? Will I speak with his lawyer, or the judge?

I don't know anything about family law, and I am pretty nervous. I feel like this isn't fair since we already settled all of this. Any advice?

Answer

Yes, you should show up and ask the Judge for a continuance in order to hire an attorney. Then do whatever it takes to hire an attorney. How important is your child's life to you? If you don't show up, or if you proceed without an attorney, the other side will get whatever he asks for whether or not it is in the child's best interest. Find a way to hire an attorney!

I'm paying child support. My wife has full custody. My daughter is 16 and became pregnant. Am I still liable to pay child support?

Question

I'm paying child support. My wife has full custody. My daughter is 16 and became pregnant. Am I still liable to pay child support?

Answer

As long as the child is under the age of 18 or up to the age of 19 and still in high school and until further order of the court, you're obligated to pay child support.

My father transferred 1/3 of his property to my sister one year and then the next year transferred another 1/3 of his property to her. They ...

Question

My father transferred 1/3 of his property to my sister one year and then the next year transferred another 1/3 of his property to her. They are now involved in a partition suit over this property. My sister believes she owns 2/3, however my father's current attorney says my sister only owns 55% (approx.) This is because at the time of the second transfer the when my father's ownership was 2/3 and he gave 1/3 of his 2/3's ownership. I believe that the original attorney writing the transfer deeds made a mistake on the second transfer and should have transferred a 1/2 share (approx.) in order for my sister to own 2/3. Will the judge assume that the original attorney made a mistake and award my sister a 2/3 share, or will the judge just go by what the deed transfer document states.

Answer

It depends on the language in the second deed. If it says "I transfer one third of my interest in the property to her", that's one thing. If it says "I transfer a one third interest to her", that's something else. If it's "one third of my interest", then at the time of the second deed he had only a two thirds interest and his transfer of one third of his two thirds equals 22.22% for a total of 55.55% +/-. If it's "a one third interest" then the second one third interest added to the first one third interest equals two thirds.

My friend is 18 and she wants to move out without her parents getting involved. Can she leave a note and walk out without an amber alert bei...

Question

My friend is 18 and she wants to move out without her parents getting involved. Can she leave a note and walk out without an amber alert being issued or the cops being called? Or does there have to be a vocal communication between her and her parents?

Answer

After 18 a child cannot be adjudicated a runaway

Where are matchbox cars made?

Where are matchbox cars made?
flip the darn thing over and it ought to say "made in China".

I am the owner of a apt in a private association. I recently in the past few months a relative moved in with me. I work odd schedules and ar...

Question

I am the owner of a apt in a private association. I recently in the past few months a relative moved in with me. I work odd schedules and are out of town a lot, association served me with a violation allegedly having tenants without following proper procedure. I explained to them this is a relative, my apt has not been rented out, now they are requiring my relative to register with association for approval and charging $200 for this. Is this even legal? I tried to register my relatives vehicle but they just ignore my requests for the parking sticker and i am worried my relatives vehicle will eventually get towed? If it does get towed isnt this due to their negligence? I have also had only my car registered but now since there is two vehicles under my property they want to charge for second remote control even though in the rules it states every owner is given two stickers for parking and two remote controls, i was only given one since i had only my car. Any advice please, i cant seem to get thru to them. Thank you

Answer

Seems they are violating there own rules. Have an attorney write them a etter.

What is your opinion of goth kids and goth people?

What is your opinion of goth kids and goth people?
This isn't really a good question because "opinion questions" don't really have an answer to them that is counted right.

I received a letter from the county courthouse acting that a judge has been assigned to my case. I was never informed there was a civil suit...

Question

I received a letter from the county courthouse acting that a judge has been assigned to my case. I was never informed there was a civil suit being filed against me. Is this really how our system works? I don't even know what the charges in the civil suit include. I would like to know if this is common practice...not being informed in advance that someone I'd filling a suit against me, and also how to find out exactly what this suit includes. Thank you for any advice.

Answer

The notice that you received should have the name of the case and in the upper right hand corner you would find the case number assigned to it by the Office of the Prothonotary. For example: X vs. (Your name) Case No. 8229-2014.

If your County lists their cases on the internet, you can look up the case and see what has been filed. If the cases are not put on the internet, then you will have to go to the Prothonotary's Office, ask for the case by its file number and then review what has been filed with the Court.

If you have not been served, but see an "Affidavit of Service" in the file, you need to inform the Court that you have not been served and that the Affidavit of Service filed with the Court is false. You should not ignore this because a default judgment can be entered against you and then it becomes very complicated trying to set aside everything the other party has done.

Best of luck,

ANDREA

hi..i live in Yucca Valley, Ca. Its in San Bernardino County. Im 26 yrs old and besides a few traffic tickets, my record was clean. i PLED G...

Question

hi..i live in Yucca Valley, Ca. Its in San Bernardino County. Im 26 yrs old and besides a few traffic tickets, my record was clean. i PLED GUILTY TO bATTERY CHARGE ( pc m242). i was put on 2yrs summary probation, had to pay a fine and had to take an anger management class. Its been about a month since i was suppose to show my proof of completion of class but didnt. I have a $5,000 warrant for not paying $209 fine and for no classes. It says to exact---(BENCH WARRANT ISSUED. BAIL SET AT $5000.00. MAY NOT FORFEIT. REASON: 5-ALLEGED VIOL OF PROB/COMM SUPERVISION)--- What do u think will happen if i turn myself in? and what is the max sentence for this?

Answer

You need an attorney. You can potentially get a lot in the theoretical max. There is no set "what will happen" on any case, charge or set of facts. I wouldn't walk in on it if I were you; I'd have an attorney handle it. Good luck!

How do you get a quad street legal in Ohio?

How do you get a quad street legal in Ohio?
You cannot get an ATV quad street legal in Ohio because Ohio lawdoes not allow them to access roads. You are allowed to ride on theshoulder as long as you do not access the street.

hi, I accidentally hurt someone by letting a window theme drop from heightand now he is trying to sue me for his injurehe also want me to co...

Question

hi, I accidentally hurt someone by letting a window theme drop from height

and now he is trying to sue me for his injure

he also want me to cover all his medical bills and many other lost

i'm afraid that he ask for a hugh amount of money, want what should i do?

thank tou

Answer

If you have homeowners or renters insurance you should contact them. They will provide coverage for you. If it happened at work and he is your coworker he has no claim. If you don't have any insurance and it didn't happen at work then you need to get a lawyer.

I have been a single mother my son's whole life. He is 7.5 and his father has never helped me with a single thing, and has never cared about...

Question

I have been a single mother my son's whole life. He is 7.5 and his father has never helped me with a single thing, and has never cared about his well being. His dad went to prison about 5 yrs ago. He is getting out of prison within the next month or so. He is a very bad example for my child- his actions and language. I don't want to let my son see him. He has been threatening to take him from me when he gets out. I am curious, what are the chances of him getting full or even joint custody? I would suggest supervised visits if anything. I definately don't want them together alone!! But I don't know how to fight him on this. If he pays child support, does that automatically mean that he will get visitation? How do I not allow this?

Answer

A father who has ben absent for a child's entire 7.5 year life has zero chance of getting custody. Depending what he was in prison for, you may be successful in limiting visitation to supervised. The child support is a separate issue than visitation. However, if I were you, and he will probably disappear some more if you don't push for support, I'd leave it alone. If he starts bothering you for visitation, go after him for support and try to get the judge to impute income to him so that he has to pay support in accordance with what he should be making, as opposed to what he actually makes. Then, enforce that. He may wind up back in the slammer for failing to pay support once you get an order requiring him to pay support.

I had a old Judgment that is no longer on my credit report due that it is almost 10years old. They have renewed the judgment will it go back...

Question

I had a old Judgment that is no longer on my credit report due that it is almost 10years old. They have renewed the judgment will it go back on my credit report.

Answer

Most likely. It is really a question for the reporting agencies, not a legal question.

During which Olympic Games did you see Greece be both the first and last country in the Parade?

During which Olympic Games did you see Greece be both the first and last country in the Parade?
1896 & 2004 when they hosted the games.

we got married 5 years ago we got one chaild few days ago my husband told me he is gay . he dating a gay what shoul i do ?

Question

we got married 5 years ago we got one chaild few days ago my husband told me he is gay . he dating a gay what shoul i do ?

Answer

If you want to divorce him or he wants to divorce you, then file for divorce. The alternative is for the two of you to come to some kind of understanding about his newly revealed sexual preferences.

I'm sorry you are facing this. I've represented clients on both sides of this issue and, if it is not handled with care, it can bring a lot of pain to both sides.

Good luck!!

I might have rear ended someone. I gave her my name phone number and email address and she gave me hers. I went into my car to get more pape...

Question

I might have rear ended someone. I gave her my name phone number and email address and she gave me hers. I went into my car to get more paper because she ran out. When I got my car, she left. I was dumb and didn't file a police report. When I got home, I called her and she informed me she had no insurance. So I asked for her driver's license and she was unwilling to give it to me. So I texted her to ask her for it and I received no response. The accident was very minor. I got her paint on my car and her car seemed fine. There wasn't even a bump. 3 weeks later (today) a lawyer calls me asking for my insurance information. He tells me that he will give me her information as soon as he can verify mine. What should I do?

Answer

Notify your insurance company, and begin a claim.

Answer

File an SR-1 regarding the accident with the DMV. Your insurance company should be notified. You will need the SR-1 to get a determination from the DMV as to whether or not the person was insured at the time of the accident. If that person was uninsured, then their damages are capped off and they can only recover for special, out of pocket damages.

Answer

Turn this over to your auto insurance company immediately. If you have none, then hire an attorney yourself.

Is the Equitable Adoption Doctrine recognized in the Georgia?

Question

Is the Equitable Adoption Doctrine recognized in the Georgia?

Answer

Yes. See e.g. O'NEAL v. WILKES, 263 Ga. 850, 439 S.E.2d 490 (1994) which says:

The first essential of a contract for adoption is that it be made between persons competent to contract for the disposition of the child. Winder v. Winder, 218 Ga. 409 (128 SE2d 56) (1962); Rucker v. Moore, 186 Ga. 747, 748 (199 SE 106) (1938). A successful plaintiff must also prove:

Some showing of an agreement between the natural and adoptive parents, performance by the natural parents of the child in giving up custody, performance by the child by living in the home of the adoptive parents, partial performance by the foster parents in taking the child into the home and treating [it] as their child, and ... the intestacy of the foster 852*852 parent.

I have not done extensive research on this in GA but I assume this is still good law.

can the state of ma hold my license because i got a active warrent

Question

can the state of ma hold my license because i got a active warrent

Answer

Yes. You need to clear up the warrant.

Answer

Yes

Can someone move a child out of the county without permission of the other parent?

Question

Can someone move a child out of the county without permission of the other parent?

Answer

Maybe yes, maybe no. Depends on a lot of factors. You don't provide enough information even to begin to evaluate if it might be legal in your situation. Divorced, married, separated? Existing orders? If so what do they say? Etc. There is no yes/no answer.

Answer

If there is no specific court order preventing this from happening, then the parent may be able to move. However, they run the risk of the other parent taking action in the court to have the child returned to the home county. Please meet with an experienced family law attorney to explore your legal options.

The house was put in my name in 1980. My mom has a life estate. She is 86. She is in a nursing home in another state. Do I have to sell the ...

Question

The house was put in my name in 1980. My mom has a life estate. She is 86. She is in a nursing home in another state. Do I have to sell the house? If so,, what percent will she receive. She has collected rent money on this house since the 80's.

Thank you for you help.

Answer

You probably don't need to sell the house. However, if your mother has applied for and is receiving Medicaid, Social Security may have a lien against the house for what they've paid. You might have also been required to declare the rent money as income on mom's income taxes. You had best consult with a local attorney who specializes in elder law before you do anything further.

My divorce papers state under income tax exemptionsWhen only one child remains, the parties agree to alternate the income tax exemption on a...

Question

My divorce papers state under income tax exemptions

When only one child remains, the parties agree to alternate the income tax exemption on a yearly basis commencing with the wife.

Does this mean when othe oldest child turns 17 and can no longer be considered a dependent, the youngest child dependency status with be alternated yearly by the parents?

If so, how does this work the next year when the 17 year old becomes 18 and starts college and can again be classified as a dependent. Does the agreement revert back to the origninal while the adult child is in college?

Answer

I urge you to confer with an attorney because it appears that you need legal advice. Your attorney will want to review the exact wording of the divorce decree. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Post-Divorce Legal Issues Attorneys, Minnesota Divorce Law, Minnesota Spousal Support - Alimony Law, Minnesota Child Support Attorney, Minnesota Child Custody & Parenting time Attorney, Minnesota Family Law Mediator, http://dwyerlawfirm.net

Answer

Normally a 17-year-old child can be claimed as a dependent for purposes of the dependency exemption. It is the Child Tax Credit that cannot be claimed once the child turns 17.

http://www.irs.gov/pub/irs-pdf/p972.pdf (see p. 2 for definition of a qualifying child for the child tax credit)

http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220886 (rules for qualifying child for purpose of dependent exemption).

It is likely that the divorce decree, when referring to when "only one child remains," is talking about when a child support obligation for only one child remains, which is usually when all but one child has turned 18 or graduated from high school. Whether this interpretation is correct or not, though, would depend on how the Order is worded.

My 15 year old daughter lives in another state with her mother and step-father. I recently found out she never received the birthday card or...

Question

My 15 year old daughter lives in another state with her mother and step-father. I recently found out she never received the birthday card or Christmas card I sent her, both of which included a cash gift. I also just learned my mother-in-law also sent a Christmas card with a cash gift that was not received. This far exceeds the reasonable probability of "lost in the mail" situation. In the context of my relationship with my ex it is very plausible that the cards were intercepted to make my daughter believe she has been abandoned by my side of the family. In addition their financial situation is such that a few hundred dollars is tempting enough to use for other purposes. Beyond the violation of normal family court orders, what, if any, laws are being broken with regard to mail tampering?

Answer

Sending cash in the mail was for lack of a better word - stupid. Sadly, you are most likely right, some complete jerk opened your daughters mail, pocketed the cash and tossed the cards. This would be criminal violations of state and federal law. From a legal standpoint, here's what you are most likely going to be able to do about it - nothing! The reason you aren't going to be able to legally do anything about it is because you have no proof who did it. Unless you can get someone to admit they did it either on tape, in writing or some other media admissible in court - you are probably going to have an extremely difficult time getting law enforcement or postal authorities to be able to help you. However, what you can do is let your daughter know that you and other family members who love her sent her cards and money and that some slimy piece of crap that most likely lives with her stole it from her. Your 15 year old daughter can probably do more damage to the thief than the court could anyway. In the future, send a check or gift cards with a pin # that you can separately and directly communicate to your daughter.

someone filed an sc-100 against me for rent not paid, but neither my name nor the name of my small business was on the lease. is there any c...

Question

someone filed an sc-100 against me for rent not paid, but neither my name nor the name of my small business was on the lease. is there any chance i can be held liable anyway?

Answer

This is hard to answer without some idea of why the plaintiff put your name on the Small Claims form. You probably have some connection with the lease, since you know what names are on it. Maybe you are an assignee? Did you buy the business and change the name? Have you paid the rent in the past? Have you discussed this with the person whose name is on the lease? I strongly suggest that you (at least) show up in court to hear what the plaintiff tells the judge and to be able to present your defense. In addition, assuming you know the "someone" who filed the claim, you might consider discussing it with that person, especially if you believe an error has been made.

Answer

A written lease is not required to establish a tenancy. Occupation of the premises in exchange for rent is all that is required. If that fits you, then that is why you are named as a defendant.

This was my mom, what can we do about this? The locket he had in his pocket was a picture of her and me.DUNEDIN -- A St. Petersburg man was ...

Question

This was my mom, what can we do about this? The locket he had in his pocket was a picture of her and me.

DUNEDIN --

A St. Petersburg man was arrested on Thursday after deputies said he stole jewelry from a corpse while he was in the home to recover her body.

Deputies responded to a home on Pinehurst Road in Dunedin around 12:46 p.m. to conduct a death investigation. During their investigation, an employee from Alternate Transport Service Inc., who was contracted through Sylvan Abbey Funeral Home in Clearwater, arrived to the home to remove the body.

As the employee, identified as 44-year-old Terrance Stubblefield, was leaving the home, deputies said they noticed a chain necklace hanging from his pocket. Deputies attempted to stop Stubblefield, who then entered his vehicle and placed the jewelry inside.

Deputies then questioned him about the jewelry, and he told them the jewelry belonged to his girlfriend.

Deputies were able to photograph the jewelry, valued at approximately $1,000, and show it to the victim's daughter. The victim's daughter was able to positively identify that the jewelry belonged to her mother, 88-year-old ----------- -------.

Deputies again questioned Stubblefield who admitted to the theft allegations.

Stubblefield has been charged with grand theft and was transported him to the Pinellas County Jail.

Answer

The suspect is being prosecuted by the State. You should contact the State Attorney's Office and let them know you are related to the victim and want to be involved in the case.

Answer

Hopefully, the locket was recovered. If it was it is now being held in evidence by the police. You can contact the State Attorney's office and ask them if it actually is in evidence. Technically, they dont need it for the case. A photo would suffice. However, it's always nicer to have the actual object. Either way you will get it back at some point. If it's not been recovered then maybe a plea bargain can be worked out that includes the return of the property. I'm sure the prosecutor on the case would talk with you about sentencing ideas. Good luck to you.

Ways to be healthy?

Ways to be healthy?
There are many ways that a person can be healthy. To be healthy,you should exercise daily, and eat healthy foods. This includesmostly fruits and vegetables.

Does post minority support non custodial parent paying for gas and food expenses?

Question

Does post minority support non custodial parent paying for gas and food expenses?

Answer

In order to adequately answer the question, one would have to know a few more details. Was the order of post minority support based on an agreement or on the trial court's order? What evidence was introduced to support the expenses ordered? What is the financial circumstance of each party?

Generally, if you agree to it, you're stuck doing it. If you don't agree to it, the trial court may award pretty much any reasonable expenses associated with the child's pursuit of their education. This can certainly extend to gas, food, and lodging.

However, there are limits to what the court can order. The court must take the financial circumstances of the parties into account. The court must also take the child educational progress into account. The court must base its conclusion on actual evidence of the necessary expenses.

I would suggest you locate an attorney as quickly as possible and go over the order with them to get more specific answers tailored to your exact situation.

Good luck.

Can the police investigate an item stolen from a public restroom in which there were two individuals that entered the restrrom after I did

Question

Can the police investigate an item stolen from a public restroom in which there were two individuals that entered the restrrom after I did

Answer

Yes. Sounds like you might need to hire an attorney.

i let an unlicensed person drive my car to go to probation.

Question

i let an unlicensed person drive my car to go to probation.

Answer

Not sure if you have a question, but that is a criminal offense.

how do i legaly stop my daughter from bringing her boyfriend in my house my daughter is of age but she sneakes him in at night how can i sto...

Question

how do i legaly stop my daughter from bringing her boyfriend in my house my daughter is of age but she sneakes him in at night how can i stop this

Answer

You state she is of age. What do you mean by that? Is she still a minor, but old enough to have sex? If so, you can call the police and have him removed as a trespasser. If your daughter is over 21, you have to make the decision to have the boyfriend in the house or force her to live out on her own.

Also licensed in New York

My bf is in jail for something he didn't do the person that committed the crime turned himself in and confessed and the victim said my bf di...

Question

My bf is in jail for something he didn't do the person that committed the crime turned himself in and confessed and the victim said my bf didn't do anything ,his preliminary is coming up do you think they will drop the charges ?

Answer

I would need to know more about the facts and the allegations. But if the authorities believed your boyfriend was innocent they probably would have released him already. They don't have to believe the other person's confession.

Besides, the confession may not have exonerated your boyfriend at all. Many crimes can be committed by more than one person. And many confessions that laypeople believe will exonerate someone else really won't. For example, if the police arrest person A for drug possession and then person B says the drugs belonged to him, B's statement may not help A. Why not? Because possession and ownership are not the same thing, and people often possess items that belong to someone else.

Your boyfriend needs a lawyer right away.

How far is Niagara Falls NY from Union City NJ?

How far is Niagara Falls NY from Union City NJ?
Check Mapquest.com

Hi I have a 14 year old daughter who is staying at her grandmas house she was suppose to come live with me on November 1 so that I co be abl...

Question

Hi I have a 14 year old daughter who is staying at her grandmas house she was suppose to come live with me on November 1 so that I co be able to get a new place so she could move in with me my wife n son that was the plan because she left her moms house n didn't want to be ther but since place was to small we had to wait but now her grandma wicth is my mother is keeping her from me and has block my number too how do I go get my daughter so she can live with me my daughter dose not want to be ther anymore either

Answer

Unless there is a court order that gives your mother the right to keep your child, you can just go get her. Before you show up at your mom's place, be sure and stop by the local police station and tell them that you are going to get your daughter and that you may need a "civil backup."

Good luck!!

Can I reenter US next may for grad ceremony on F1 visa if I graduate early this Dec?I am not applying for OPT and I leave to my country Trin...

Question

Can I reenter US next may for grad ceremony on F1 visa if I graduate early this Dec?

I am not applying for OPT and I leave to my country Trinidad and Tobago right after I complete studies this december. MY DSO says I can use my same F 1 visa to come back for my graduation ceremony. He says he just has to give me a letter and he has given students from India letters before and they came back . I attend a private Christian college in Central Fl. Is he right about this or can I get into trouble at the border? I won't be in classes again from December and I do not have a tourist visa. My DSO usually signs my I 20 when I travel

Can I use the F 1 for any future travel until it expires?

Answer

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

I own a condo with my brother and his ex-wife. I am the primary but do not live at the residence. they are the secondary on the mortgage. My...

Question

I own a condo with my brother and his ex-wife. I am the primary but do not live at the residence. they are the secondary on the mortgage. My brother live in the condo, the ex-wife does not. The court wants the property sold to satify an agreement in the divorce terms. I do not want to sell. Can the court force me to sell?

Answer

Yes - the court can order the partition of the property (if you are a party to the case and have been served with summons) if a proper pleading has been filed. Otherwise, they can not do anything.

Answer

Its also a great opportunity to buy out your brother and his soon to be ex-wife.

I was arrested for possession of narcotics but when the police searched me they found nothing on me or on the ground near me and they never ...

Question

I was arrested for possession of narcotics but when the police searched me they found nothing on me or on the ground near me and they never read me my miranda rights. Well this hold up in court.

Answer

This is a question you should ask your lawyer or public defender.

Do I have to let the non-custodial parent have scheduled visitation if the weather is dangerous outside?

Question

Do I have to let the non-custodial parent have scheduled visitation if the weather is dangerous outside?

Answer

Yes. OTOH, you should offer makeup visitation or ask if visitation can take place in your home rather than take the child outside. Of course, a lot will depend on the age of the child. A very young child, i.e., a baby to under 2 years, probably shouldn't go outside and NCP will have to justify his demand to both police if called or to the court if he brings a complaint against you. In this weather you can easily justify your refusal to allow visitation outside the home. OTOH, a older child, properly clothed can reasonably go outside for the amount of time necessary to go from the home to a car and you would have a harder time justify your refusal to allow visitation.

In all things, do what is best for your child.

In maryland if the parents are not married do they have to file a wrongful death suit together? Is it a benefit to file together. Thanks

Question

In maryland if the parents are not married do they have to file a wrongful death suit together? Is it a benefit to file together. Thanks

Answer

It relates to the amount of the cap on a wrongful death case and who has died this needs to be discussed with the prospective client

Real Estate. Seller has signed prelinary papers with intents to sell> However he has decided not to sell. Is there a time frme for him to de...

Question

Real Estate. Seller has signed prelinary papers with intents to sell> However he has decided not to sell. Is there a time frme for him to decline the deal?

Answer

I do not know what the preliminary papers are, and may need a better description of what they are to properly answer your question. Traditionally either party to a contract can terminate the deal within the attorney review period, usually 3 days after contract is completed. The documents may specify other time limits or reasons, so all documents need to be reviewed for a complete answer.

My child father taking me to court again he lost his right by failing a drug test and never showing back up to court recently about three mo...

Question

My child father taking me to court again he lost his right by failing a drug test and never showing back up to court recently about three months ago kids was lleft home alone because sitter never show could I lose custody of my child

Answer

Leaving the kids alone is not a good idea if they're under 12 or so, but the court will be challenged to balance the equities, and drugs are always viewed very negatively. Go to court with a backup sitter plan in place.

I know medical malpractice cause of action has a Statute of Limitations (SOL) of 1 year from date of incident. But if the year has passed, c...

Question

I know medical malpractice cause of action has a Statute of Limitations (SOL) of 1 year from date of incident. But if the year has passed, can I sue for personal injury claim within the 2 year SOL, and then use the relation-back doctrine to amend the complaint and bring back a Medical Malpractice claim?

(I know I have to give them 90 days notice in advance before filing suit)

Answer

No.

Answer

No you cannot. However you should consult a med mal lawyer to see if the case can be salvaged since the outer limit is 3 years.

Answer

No. Relation back applies to the date a complaint is filed. So if you file your first complaint after a limitations period has run out, you only get to relate back to that date and the period has still run. An example would be you file a complaint for breach of contract two years and 364 days after the breach. Then in discovery you find you have grounds for a fraud claim in connection with the breach too, but you had enough information to put you on notice of a potential fraud claim before you filed. You just didn't think there was enough evidence so you left it out. The 3-years for filing on fraud has run out, but you can file and amended complaint and claim "relation back" to the original filing of a complaint based on the same transaction. If you filed the initial complaint three years and one day after the event, you'd be out of luck on the fraud because it would only relate back to a date after the limitations had run.

Answer

I agree with Mr. Selik, Mr. Tasjian, and Mr. McCormick. There is another point I want to add to what they have said. Your question presumes that personal injury claims are distinct from medical malpractice claims. They are not. Usually a med mal claim is just a particular type of PI claim. Which label you choose won't matter. If your lawsuit is a med mal claim in substance then it is governed by the 1-year limit regardless of what you call it.

As Mr. Tashjian notes, there are cases in which a med mal claim can be brought more than a year after the injury. But how long after will depend upon the specifics. You should consult with a med mal lawyer right away to see if you still have time and, if you do, how much you have.

Good luck.

Can a parent get in trouble for giving their child spicy food at a very young age?

Question

Can a parent get in trouble for giving their child spicy food at a very young age?

Answer

This is not a legal question Talk to the child's pediatrician.

Any recource for cosigners when original borrower skips out

Question

Any recource for cosigners when original borrower skips out

Answer

Generally not. Cosigners are as liable as the original borrower.

I paid $2405.12 for a move that was from hell. Nothing of my personal belongings that were supposed to be on the truck was on it. The compan...

Question

I paid $2405.12 for a move that was from hell. Nothing of my personal belongings that were supposed to be on the truck was on it. The company sent 5 men at 200.00 an hour and they were all over the place. I had a mirror pack as part of my move and the driver kept sending the glass back claiming he did not have proper materials to transport that glass which was a lot. I am in the streets begging for my 34 foot extended ladder to be put on the truck and it never was. My washer and dryer and a room full of Christmas decorations were left behind I was stressed to tears so I called the company and asked for a manager and I was put in touch with the operations manager who promised me he would work out something to complete my move if I called him the next morning at 8 am. I was prompt only to be put off after three phone calls. That was 9/9/2014 and today I have never heard from the OM. I was left with half of my house needing to be moved.I incurred great expense trying to move glass and the rest of my things in my car. Gas back and forth through many trips, 10days of rent owed to the new owners because I couldn't get my things out on time. The rental of a truck to move the large items and to pay someone to help me. This was extremely stressful. After calling and being disrespected, hung up on and talked to terribly. I emailed the company to tell them of my intentions and after waiting 15 days to hear how they were going to complete the move I heard nothing so I stopped payment on my check for unsatisfactory services. Now the finance department of the company has contacted me demanding payment of that check. I will pay them but I feel that there should be some co sessions made. I want at least half of my money back. How do I move forward? I am sure that I am within my rights but I don't know what to do now.

Answer

The answer will likely be one you greatly dislike. Most moving contracts, and you left out what it says, have limits on liability, especially if you did not buy insurance. Stopping payment on the check without seeing a lawyer was a really bad move; you could be arrested and sued as well. You now need a lawyer to determine how badly you have messed up. Incidentally, email is not a means you would use for formal claims, and likely your contract required you to use another means.

I received a summons to go to court for an unpaid er visit,hospital suing me.I don't have the 3,022.00 they want. what can I do? I have 10 d...

Question

I received a summons to go to court for an unpaid er visit,hospital suing me.I don't have the 3,022.00 they want. what can I do? I have 10 days.

Answer

If it is a legitimate bill the you have the options to either pay it, accept the judgment, or file bankruptcy

Sheriffs came to evict me and threw all my belongings in the dumpster instead of on the street. Is that legal?

Question

Sheriffs came to evict me and threw all my belongings in the dumpster instead of on the street. Is that legal?

Answer

At first blush, no

Need more details

Was it the deputies or the owner's helpers?

I have a large amount of credit card debt, how can decide if it's best to file for bankruptcy?

Question

I have a large amount of credit card debt, how can decide if it's best to file for bankruptcy?

Answer

The easiest way to determine this in my opinion is to look at how many years you have been attempting to put this debt behind you. If you have tried for several years and you have not paid down the debt significantly then it's probably time to file bankruptcy so that you can start over fresh! Please feel free to call me at 214-999-1313.

Answer

This will depend on the amount you owe and can you ever realistically pay it off without something going extremely right. There are a number of bankruptcy attorneys willing to give you a free initial consultation. If you wish, feel free to call my office and I can talk to you over the phone. If I can't assist, I will get you pointed in the right direction.

972-424-2233

Answer

If you can't pay it, you generally will file for bankruptcy, allthough there are other intermediate solutions, such as debt consolidation and debt settlment that often don't work. http://www.anderslawonline.com

A home will have a sheriff's sale in the state of PA in one month.The sheriff's sale is because of unpaid taxes and a balance owed to a nurs...

Question

A home will have a sheriff's sale in the state of PA in one month.

The sheriff's sale is because of unpaid taxes and a balance owed to a nursing home. The deed is in a deceased person's name and the nursing home had attained guardianship. The next of kin is planning on moving and the next of kin after that is wanting to know can the house be sold to one of the "WE BUY HOMES" people to pay off the debts and keep the amount remaining or is the nursing home the only party with rights to sell. Thank you in advance.

Answer

And who exactly are you?

The next of kin, if interested,. should consult with a probate attorney who practices in the county where the estate is or would be pending. The next of kin needs to probate an estate for the deceased unless the nursing home already has been appointed.

The home can be sold to anyone. Any proceeds left will go into the decedent's estate and used to pay any other claims of creditors.

Why is the nursing home involved here at all? Even if the nursing home was appointed as guardian, the person is now DECEASED. That means the guardianship is over. The personal representatative for the decedent's estate would be tasked with taking over, paying any debts, taking control of any real property and distributing anything left to the heirs/beneficiaries. Unless the nursing home has been appointed as the personal representative then the nursing home is not in charge.

in the state of massachusetts, can a lawyer appear instead of me in small claims court where I am being sued?

Question

in the state of massachusetts, can a lawyer appear instead of me in small claims court where I am being sued?

Answer

Yes, but your attorney will need to introduce evidence. If you intend to rely only on the evidence presented by the other side, then your attorney should be able to handle it. However, your attorney will have a difficult time entering evidence without either you or some other witness on your behalf. While possible, this is not advisable.

When did car seats become mandatory?

When did car seats become mandatory?
Tennessee was the first state to make car seats mandatory in 1978, by 1988 the rest of the states had adopted it.

I found that on Answerbag.com

My husband was pulled over and asked to take a field breath alcohol test and refused. He refused balance test. He was taken into custody and...

Question

My husband was pulled over and asked to take a field breath alcohol test and refused. He refused balance test. He was taken into custody and agreed to take the BAC test at the Parker County jail in Texas where he passed the test. They made him spend the night in jail and released the next day but was not charged with anything nor booked nor fingerprinted. Is this legal? Can we take legal action?

Answer

Possibly, but the police have a form of qualified immunity for making mistakes, which makes it very difficult to prevail on a claim. It doesn't sound like this was a mistake. This can be an easy or complex question to answer. Did your husband enter a plea of guilty or no contest to any charge the next morning before being released from jail?

Your statement that "they made him spend the night in jail and released the next day but was not charged with anything nor booked or fingerprinted" does not ring true. For persons to be admitted to jail there must be some sort of legal authority to do so. That means the officer(s) completed an Affidavit of Probable Cause under oath for some charge. One does not just get to check into jail, sleep well with a blanket, get up and have a great meal and the be discharged from custody. What is the real story here?

Can I file bankrupt on all debt including child support

Question

Can I file bankrupt on all debt including child support

Answer

Yes, but the child support cannot be discharged (wiped away) in bankruptcy. You may be aware that there are different kinds of bankruptcy cases (called chapters) that you may be eligible to file. If you owe a large amount of child support then I would suggest you file a Chapter 13 bankruptcy which will mean you will make monthly payments with respect to the child support. Please feel free to visit my website at www.northtexasdebtfreedom.com

I have a teacher contract that states august 21, 2010 through august 19 2011. I received a termination letter, stating if I sign a letter an...

Question

I have a teacher contract that states august 21, 2010 through august 19 2011. I received a termination letter, stating if I sign a letter and follow protocol until the end of the school year.

Does school year mean until the end of teaching June or until the end of contract

Answer

You question is a little unclear. I am not sure how the termination letter relates to your original one year contract.

In Florida, can I take empty Liquor bottles, turn them into water pipes (bongs), and sell them for "tobacco use only"?I know some sort of la...

Question

In Florida, can I take empty Liquor bottles, turn them into water pipes (bongs), and sell them for "tobacco use only"?

I know some sort of law passed about the sale of water pipes in Florida recently but I still see every shop selling them.

Answer

If you are a licensed seller, then so long as it is made clear and you do not suspect anyone buying to use it for illegal purposes then theoretically it would be legal to do so.

What is considered harrassment by a landlord to tenant? I feel my landlord has been harassing me, Coming on property without notice,banging ...

Question

What is considered harrassment by a landlord to tenant? I feel my landlord has been harassing me, Coming on property without notice,banging on windows&doors;when I am sleeping, I work at night I sleep during day,came in while I was sleeping,my husband was not home so they thought nobody was home,landlords boyfriend threatened my husband to bang on windows at night when my husband asked them not to do that.Landlord made false allegations to animal control that my dogs did not have water and had bad living conditions, (was cleared of false allegations) bottom line landlord wants me out and I have another year for the lease,she refused to take rent money,now is trying to evict me.

Answer

I would consider this as stalking. Get a lawyer!!!!

Answer

Yes, sounds like harrassment. Do not default, if served with eviction.

How much horsepower does the average car have?

How much horsepower does the average car have?
compacts- 130-150
mid size family- 160-180
large/luxury - 265-330

A disgruntled employee that was about to be let go for insubordination has now brought a false claim against my job and me, stating I sexual...

Question

A disgruntled employee that was about to be let go for insubordination has now brought a false claim against my job and me, stating I sexually harassed him. What are my options? Can I counter sue for defamation of character? Also the agency has their own lawyer and advised me to get my own.

Answer

What you're experiencing is not uncommon in the workplace. Only on very rare circumstance can you be subject to personal liability under state law as an aider to sexual harassment (e.g. you did something to cause actual harm). Under federal law there is no personal liability for sexual harassment against a fellow employer or supervisor. At this stage, it is is likely that you will not need an attorney, rather, you should consult with an attorney to review all of the alleged facts.

An employee was overheard by another co worker stating he hated his job and wanted to file a fraudulent workmans comp claim. He came into th...

Question

An employee was overheard by another co worker stating he hated his job and wanted to file a fraudulent workmans comp claim. He came into the office stating he hurt his back but then he stated he has had back problems all his life. Are we liable?

Answer

Will probably require litigation. Make sure the employee that overheard the other co worker is available at trial if it goes that far so it isn't hearsay.

Answer

An Employer has ONLY 90 DAYS from the date of the notice of the injury to deny the claim, and then the employer IS liable if it isn't denied.

A 'delay' notice should go out, a statement signed under penalty of perjury should be obtained from the co-worker and a general investigation with written statements from supervisors and co-workers about what was and wasn't actually seen and heard should be secured IMMEDIATELY.

Each day of the 'delay' status has $10,000 on the table for which YOU ARE liable until the date you issue the denial of the claim. So get the evidence from the people in the workplace, if it holds up that nobody saw any way for the worker to be injured and the co-worker who heard the plans to file a false claim is credible, get it to your insurance adjuster and demand a denial notice be sent out ASAP.

My Fiance's ex-step daughter and her boyfriend were accused of child abuse, however they told authorities if anyone abused their son it was ...

Question

My Fiance's ex-step daughter and her boyfriend were accused of child abuse, however they told authorities if anyone abused their son it was either myself, my fiance, our 7 year old son, our 13 month old son, or her mother that did the child abuse. They also said that myself, my Fiance and his ex-wife (the ex-step daughter's mother) of child abuse and child neglect. Leading to the detainment of our two sons for 5 weeks, causing us to have to go to dependency court several times, leading to the conclusion that our children are not abused nor neglected, and it caused serious mental detriment to our children and not to mention ourselves. How do we go about filing charges against them for filing and stating false things about us and our children?

Answer

Your best bet is to post this request on a civil litigation page. You could also file a police report for making a false report.

what is a power of attorney and can it be used in all aspect.

Question

what is a power of attorney and can it be used in all aspect.

Answer

A power of attorney is an instrument by which the "principal" (the person signing the POA) appoints an "agent" or "attorney-in-fact" and grants the agent certain specified powers. A POA can be general (meant for all purposes) or limited (meant for specific purposes such as selling a home or accessing a particular bank account).

The term "Durable" when used with a POA means the POA continues until it is revoked or the principal dies. A POA that is not durable would become ineffective if the principal is ever incapacitated. In practice, virtually all POA's are durable.

There are certain tasks for which the POA must specifically authorize, such as making gifts (gifting without permission is stealing), signing and funding trusts, etc. The agent under a POA is a fiduciary, sort of like the person standing behind the counter at the bank. The agent isn't in charge and can be made to account the principal (or the principal's heirs) for whatever actions the agent has undertaken.

A POA can have immediate effect or can be drafted to come into effect upon the incapacity of the principal.

As a rule, never name someone an agent in a POA unless you trust that person 110%.

Hello,I received a letter from Progressive Auto Insurancepertaining to the "at fault" information now being considered in the caseof the rec...

Question

Hello,

I received a letter from Progressive Auto Insurance

pertaining to the "at fault" information now being considered in the case

of the recent auto accident. In this letter it determines that I am 100% at

fault for the accident, with the reason being "failing to keep a safe distance".

As we had discussed, and I believe we had gone over

this twice, just for clarity. Neither one of the drivers, including myself

was at fault for the accident. Stationed at a corner of crossing is a stop light at which the other driver was stopped. It is hard to "keep a safe distance" when the other driver is stopped. While I,

myself, was approaching about 25 yards or so away up the incline of the

street. The person in front of the other driver began to pull away as the

light turned green and the person involved in the accident, began to follow

them. Suddenly, without warning, the first person decided that they would

turn at this light instead of going on further and so they stopped dead and

turned their wheel, this caused the young lady behind them to stop

suddenly, a move she might have though better of had she been a driver with

more experience than having been only driving since last October 2010. The

better choice for her would have been to continue around the other car and

head up the street, but unfortunately she did not do this. This caused

myself to suddenly have to change my speed and direction about 20 feet

away, a plausible following distance( if indeed the first person was moving

at all), and slam on my brakes in order to make adjustment for the sudden

change in decision. On a flat plane surface, this would have allowed myself

to slow to a stop some feet behind the young lady, but the incline caused

me to slide at a slow rate of speed beyond the usual stopping distance.

Having no place to go, on either side, I had no choice but to hope friction

could slow me to a stop. My auto connected with her tail end at about 5

miles per hour or so but was still enough to crumple my hood. The person

who made her stop suddenly, continued on their way.

This is the reality of what happened. The "investigation" would have

proven this if indeed it contained more than merely a question and answer

session with those involved. I have driven a car since I was 16 years old.

I am now 50 years old and until now I have been able to claim that I have

never had an at fault accident. I myself have had two hits from behind

while stopped a red light, by those with other concerns on their mind, but

I myself have never had an at fault accident. I have been with Progressive

since 2003 and my record continues to speak for itself. One can see how many tickets and accidents I have had in that time. You will not see any.

Now I recognize that perhaps they have a check list of "reasons for fault"

that they need to search through in order to fill out the forms with the

"best answer". But I refuse to be victimized by this. I will accept fault

as per the driving laws that state that a car hit from behind is "always"

free of responsibility as they are defenseless from being hit from behind.

I know, I have been there myself. But the record must show this as the

reason. I will not tolerate being victimized by a check list. How can I

possibly have "failed to keep a safe distance" behind a stopped car 25

yards away?

The insurance company, however, refuses to let the record show the truth of the incident, and I do not want my record to read something that is not in keeping with the facts. Is there anything I can legally do?

Thank You

Mark M Boudreaux

Answer

You're at fault. You admitted it. It does not matter what the driver in front of you should or should not have done. You were moving, you continued to move and you moved right into the car in front of you. It's your fault. I know how you feel. It's happened to me in parking garages where the arm goes up, you expect the driver pulling the ticket to proceed. If they stop suddenly while you're eyes are on the ticket dispenser as you pull up, you'll bump them and there's no way around it. Just be more attentive............Good luck....

Answer

Mr. Iadevia is correct, but let me explain a little better. "Failure to keep a safe distance," means under actual conditions and in ALL circumstances. Legally a "safe distance" means sufficient distance in that location to stop without hitting the car in front of you no matter what happens, no matter what stupid thing the other driver(s) might do. That is WHY, as you note, the car in front is always free of responsibility. It is because, by definition, if the car behind hits them the car behind was NOT keeping a safe distance. You admit that if you were on a flat surface you would have stopped in time. But you weren't on a flat surface. That means a "safe distance" is farther away than on a flat surface. You say that if the drivers in front had done what they should have done or could have done you would not have had the collision. But "safe distance" means far enough back that you will not hit the car in front no matter what they do. The bottom line is your description of the events of the collision is a PERFECT case for you being at fault for failure to maintain a safe distance. The insurance company is entirely correct.

I've rented here for 30 years,always paid on time.What are my rights when it comes to eviction?

Question

I've rented here for 30 years,always paid on time.What are my rights when it comes to eviction?

Answer

Eviction for what? With what kind of notice? Can you be more specific? There are books in a law library that are several inches thick regarding landlord tenant law. The attorneys in this forum need you to be a bit more specific than that.

Answer

The answer depends on what your lease says, why you are being evicted, whether you are in breach of any of the lease terms, whether you are in a rent control area and a substantial number of similar and related issues. More information is required to provide any useful answer.

Answer

Although the previous answers are correct, my guess is that you are wondering about what is called "just cause" eviction. The general law of California is that a landlord may evict at the end of a lease, or upon 30-days notice for a month-to-month rental if the tenant has been in the property less than a year; or 60-days notice if in the property more than a year, with no reason, excuse or just cause. Under the general law of California, however, local governments are allowed to enact rent control and other laws that may require "just cause" for an eviction, such as the obvious failure to pay rent on time, as well as other breached of the tenants' obligations as tenants. I know Lemon Grove has no rent control ordinance. Whether they have a just cause eviction ordinance, you will have to ask City Hall. If there is no such ordinance in effect, you can be evicted at the end of a lease or on 60-days notice for any reason or no reason, as long as it is not illegal discrimination, such as if you are black or a woman and they evict you for that reason. Unfortunately 30 years occupancy buys you only the same 60 days as one year.

I live in California. I was laid off from my job and was out of work for four months. I am back to work now but I fell behind on my auto loa...

Question

I live in California. I was laid off from my job and was out of work for four months. I am back to work now but I fell behind on my auto loan. I owe $11,600 but the vehicle is only worth about $7,000 if I sell it to a private party. If I sell the car for less than the loan i will owe money i do not have. If I voluntarily turn in the car will I be on the hook for the difference in the value and the loan? If the car is the only collateral can they demand the difference or sue me to collect?

Answer

I'm sorry, yes they can.

my son and his wife separated a few months ago and their 13 and 14 yr old daughters have been living wth myself and their grandpa. everyone ...

Question

my son and his wife separated a few months ago and their 13 and 14 yr old daughters have been living wth myself and their grandpa. everyone has agreed that the girls should remain with us and we was wondering what we do to get legal rights to our granddaughters? all of us are in agreement so this wont be a legal battle.

Answer

You need to file a petition for temporary guardianship. This should be relatively simple as long as the parents consent, but you should still find an attorney with experience in this field. You can do so on line or through your local bar association.

I am a US citizen with a registered LLC in CA, (LLC1). I have a Private Limited Company in India (PVT1). I am a majority stakeholder in both...

Question

I am a US citizen with a registered LLC in CA, (LLC1). I have a Private Limited Company in India (PVT1). I am a majority stakeholder in both companies. LLC1 plans to license it's technology to PVT1. PVT1 will manufacture this technology and provide a service in India. We currently have Indian investors ready to invest (seed > 100k). We expect to raise series A from international investors once we are ready to scale 1yr. What is the best US company structure for this, LLC, SCorp, CCorp? What are the tax implications for such an arrangement? Any additional advice will also be greatly appreciated. Thanks!

Answer

I am probably stating the obvious here when I say that these are the kind of queries you consult with legal counsel about in private and that there is no one-size-fits-all kind of formula. It greatly depends and any smart lawyer will have way more questions than answers at this point.

I will say that if any of the shareholders you intend will be non-US residents an S-Corp is out of the question.

There is way around it, you will have to engage counsel to advice on and set up the entity along with all the supporting documentation especially if you expect people to invest in the venture.

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.

Answer

Mr. Natoli is correct. This is not something you get answered on the internet for free. This is something you get direct, in-person help with from an attorney licensed in your jurisdiction. I do not do the specific sort of work that you require, but I have an affiliation with an excellent Silicon Valley firm that does just exactly the kind of counseling and entity formation you need. If you would like a referral, let me know.

I have full physical and joint legal custody of my child. The father has not been in the picture since the birth eight years ago, and has no...

Question

I have full physical and joint legal custody of my child. The father has not been in the picture since the birth eight years ago, and has not paid child support in 7. We have no contact with the father, and don't know where he is with the exception of when he goes to jail. He is constantly in trouble with the law and currently has a warrant. Am I able to terminate his rights to ensure this person stays out of my child's life?

Answer

A judge might be willing to terminate the father's rights. Meet with an experienced family law attorney to discuss the specifics of your case. The attorney will need much more information that you've provided here.

You can read more at www.MidMichiganDivorce.com

Can the parents of an 18 year old be sued for an injury as a result of an injury caused while the 18yr ol was driving a vehicle owned by the...

Question

Can the parents of an 18 year old be sued for an injury as a result of an injury caused while the 18yr ol was driving a vehicle owned by the parents.

Answer

Yes. The owner of a vehicle can be sued for injuries caused by any person to whom they entrust their vehicle.

A civil complaint was recently filed against me by my former roommate. She claims I owe money because she doesn't feel she should have to pa...

Question

A civil complaint was recently filed against me by my former roommate. She claims I owe money because she doesn't feel she should have to pay an outstanding utility bill. There was no agreement between us regarding the bill payment. I lost my job and was unable to pay rent so I decided to move out and stay with my parents until I was able to find work. My former roommate feels I also owe her for the rent even though I did not sign the lease with the apartment. What are my chances against this suit? If I lose this case, how will the judgement be received if I'm unemployed with no other income?

Answer

Whether or not you signed a lease on the apartment has no bearing on the terms of your arrangements with your former roommate. The fact is that you broke your deal with her. I understand your circumstances, but you left her in the lurch and she is stuck paying the bills. The moral thing would be to work out some kind of arrangement and offer to settle the debt.

Legally, I have no idea what a magistrate will do with this and I don't know what kind of an arrangement you had in the months that you lived there. If it was a utility bill, I think you can ask to see the bills and pay for 1/2 of the charges for the services incurred while you lived there if this was for gas, electric or water/sewer. If it was for a phone bill, I would make her pay for her calls and you pay for your calls and divide the basic service costs.

As for rent, again, I don't know the terms of any arrangement. If you truly were a month to month tenant and she had 30 days notice, then I would pay no more than 30 days' back rent. Even where a tenant signs and breaks a lease, the tenant is only liable for 2-3 months rent at most as the landlord has a duty to mitigate damages by finding another tenant. Your ex-roommate is in the same position and has the same obligations.

Do not allow a default judgment to be entered here. Show up at the hearing and argue that you should only be liable for 30 days back rent and a portion of the utility bills for the service incurred while you were there. I don't know how much the suit is for, but if you can pay 50% of the amount, offer that to her. If she accepts, get it in writing and get her to dismiss the suit. If its paid after judgment, then get her to mark the judgment as satisfied. If you cannot afford to settle, save the money until you do have 50% and start there with your offers. Just know that the judgment will get a little bigger as it earns 7% to 12% interest.

And don't make payments unless you get some kind of written agreement with her in which she promises NOT to garnish any wages or levy on bank accounts or other property.

Unemployment compensation is exempt, but your unemployment will not last forever. If you do get a job in Georgia, then your wages can be garnished, so you need to get this resolved.

Bank accounts can be levied on or if you own any property free and clear, it also can be taken.

I don't know if your roommate has an attorney or how likely it is that she knows her options if she does not. Rather than risk it, I think your best bet is to try and get this resolved. Failing that, see what can be worked out with the judge at the hearing.

If she has an attorney, don't handle this on your own. I would try to get counsel to assist you if you can. If you wish to resolve this debt outside of court, I assist clients with that. Please contact me at [email protected]/* */ if interested. However, I will not go to court in Georgia. If you need help in court, then contact local counsel.

Answer

Easy solution - pay for half of all rent and bills while you were there. You have no excuse for not doing that, regardless of a lease. Further, if you just left with no notice, offer to pay an additional month of rent and utilities. Finally, if you had an agreement with her for a longer term, you conveniently left that out. Take some responsibility to resolve this.

Answer

I suspect you already know what a judge probably will do - make you pay half the rent and the utilities. Again, we have not heard all the evidence, but when your own post suggests that result, you need to realize that you can be held to your agreements - verbal or not. Bear in mind this is a guess, and the detailed facts will determine the results.

She can seize your bank accounts if she wins in court, and even many years to come, can seize future wages, accounts, and assets.

You've been sued, and you will automatically lose unless you file a timely response. However you can lose even if you do. You really need to talk to a lawyer and determine what you need to do at this point to settle or resolve the case.

Does a medical expert witness now have to appear in person for testimony or can he still submit a video deposition in NJ?

Question

Does a medical expert witness now have to appear in person for testimony or can he still submit a video deposition in NJ?

Answer

your lawyer can answer that question.

"I made an offer to buy a house that was verbally accepted by the seller. They got a better offer the next day and went back on our deal. Do...

Question

"I made an offer to buy a house that was verbally accepted by the seller. They got a better offer the next day and went back on our deal. Do I have any legal recourse?"

Answer

You have two problems, first proving they accepted the offer verbally and second contracts for purchase of real estate are required to be in writing. So unless they sent an email telling you they had accepted your offer you have no ability to do anything. Even then the case is iffy.

Answer

Folks need to retain a lawyer when making one of the largest purchases of their lives! You thought you would save money on a lawyer and it cost you the entire house!

I agree with Attorney Roth that agreements relating to the purchase and sale of land must be in writing in order to be enforceable. If you have any evidence of this deal in writing, bring it to a lawyer immediately.

I am truly sorry to hear you lost this house. Put a contingent offer in writing to this seller so that if the other house falls through you are next in line.

I had temporary custody of my sisters 2 teenage sons. She signed a power of attorney due to the fact she could not support them. She is an d...

Question

I had temporary custody of my sisters 2 teenage sons. She signed a power of attorney due to the fact she could not support them. She is an drug addict and has been in and out or rehab and prison most of the kids lives. When she gave me the power, we enrolled them in a non-public private school, and they were doing quite well. I live in NC, and she lives in FLA. She has a 12 year old daughter who chose to stay in FLA with her mom. This past Saturday, my sister drove 12 hours to NC, without even telling me. She showed up at my house in the middle of the night and said "the boys have to come home to FLA, she gave them hardly anytime to pack their things. Whenever I asked what was going on, she claimed the oldest child was ordered back to FLA due to being accused of sexual assault. I did not believe that, and started making phone calls to the police department there in FLA. On Tuesday, I finally talked to a detective, who said my nephew was NOT under investigation. The detective asked me for my sisters name, which I gave. He said there was an abuse case, but it was closed, because it was out of his jurisdiction. He then went on to say the investigation was completed by a school resource officer, and it was sent to the city PD where I live. I got nervous, because even though I know we(my husband and I) have done nothing wrong, we are just a little puzzled as to why an investigation is being done up here. We contacted the police station and have been told 3 different investigators are working on the case, and when we contact them, they seem to have no idea what we are talking about. Finally, one officer told us there was an investigation going on, but said he passed it on to another investigator, who may contact us next week or so to come in and answer some questions. But, he couldn't tell us what the investigation was. I haven't been able to contact my sister since she left NC with the kids. So, my question is, should we bring a lawyer with us, or is this simply an investigation where we are witnesses?

Answer

Bring a lawyer to what? To go answer questions? Are you serious? You would actually just stroll in and happily answer questions and assist the people who are potentially investigating you simply because they asked you too? If law enforcement is asking you questions it is because they don't have the information they need to arrest you and they are hoping you will be stupid enough to provide the info to them. I mean think about it, if they had what they need why bother questioning you. Never ever under any circumstances whatsoever answer questions from law enforcement. Once you get out of grade school officer friendly ain't yer buddy no more!

What is on the left side of the rear differential?

What is on the left side of the rear differential?
The left rear wheel !

What are the release dates for Arts Therapy - 2012 V?

What are the release dates for Arts Therapy - 2012 V?
Arts Therapy - 2012 V was released on:

USA: 10 May 2012 (internet)

I am looking for an online gaming attorney in Costa Ricato help me set up a new online gaming website. Anyrecommendations?Steve Everettemai...

Question

I am looking for an online gaming attorney in Costa Rica

to help me set up a new online gaming website. Any

recommendations?

Steve Everett

[email protected]/* */

Answer

I suggest contacting the Consulate of Costa Rica in Los Angeles or the Embassy in Washington. Most nations consular offices are reasonably well-equipped to assist in the referral process......not perfect, but a starting point, at least. Or, take a trip down there and speak with official trade offices and/or the local bar association.

In his will I was left washer, dryer, freezer, and other property when my stepfather passed. His other step daughter from a previous marriag...

Question

In his will I was left washer, dryer, freezer, and other property when my stepfather passed. His other step daughter from a previous marriage was the executor. I never received these things as she and her family would not produce them. How long do I have to legally contest this, and if they have disposed of these things do they have to pay to have them replaced? I live in CO if that helps.

Thank you,

[email protected]/* */

Answer

In Colorado, you must take action withing one year of the date of death. Contact an attorney specializing in estates for assistance and advice.

I have an "attempted" arson charge from 14 years ago and am applying for certain licenses in Florida. However, you are disqualified for cert...

Question

I have an "attempted" arson charge from 14 years ago and am applying for certain licenses in Florida. However, you are disqualified for certain licencses if your charge was "related to arson". My question is, based on the language, and being that "attempted" arson is a totally different statute than "arson"(806.01) in general, does this qualify or disqualify me from obtaining certain licenses in Florida?

Answer

Attempt is generally classified as a modifier to the base charge. So an attempt is the same statute but with 777.04 added on to it. This is not an absolute answer, but I would think that attempted arson would be considered "related to arson". You may need to ask a lawyer who practices administrative law regarding the latter question of licensing.

I am interested in obtaining an EIN for banking purposes only for an upcoming class reunion. My question is about the type of entity to use....

Question

I am interested in obtaining an EIN for banking purposes only for an upcoming class reunion. My question is about the type of entity to use. The only two options that seem possible on the IRS SS-4 form are "Non profit organization" or "Other"..but I'm not sure what this event would be classified as. One person at the IRS that I spoke with was unsure, and the other told me to select "Other" and specify the entity as "Class Reunion".

However, I've also seen other articles and websites that said to open the EIN as a non-profit. We are just concerned about the tax implications of using the EIN as a non-profit and about any additional paperwork that may need to be filed (i.e. tax exemption, 501c3). Can you please advise on what we should do here? We'd like to know the correct and simplest way to handle this since the bank account will only be for incoming money from ticket sales and payments to our vendors (i.e. banquet hall etc). Please Help!

Answer

Events don't get EINs; entities do. The IRS will not object to your use of "Non profit organization" to obtain an EIN for banking purposes but the bank will not open an account based on an EIN alone. To accomplish your purpose, you must have an actual entity that agrees in name with the bank account and with the name on the SS-4. Probably the easiest way to accomplish this is to form an unincorporated association and register the name with the County Clerk in the county in which the entity is to be situate. 501c3 does not apply to your entity. It is for that subset of not-for-profit entities that are formed for charitable purposes and seek to have contributions exempted from the income of their contributors. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

I refinanced my home under my name only in October 2013 and got divorced and is still on the deed to the home. She is also on the 2nd mortga...

Question

I refinanced my home under my name only in October 2013 and got divorced and is still on the deed to the home. She is also on the 2nd mortgage. I tried to take her off that but cannot unless I refinance and I can't do that since I'm underwater in value. The divorce papers list the mortgage and property under my name. If I plan on living in the house as long as I can will this cause any real problems now or down the road? She chose to move out and live in an apartment. I just want to know if she can come back later and decide that she wants the home now since the payments are lower.

Answer

Since she is on the deed, she is an owner. She can claim an interest in the property.

Answer

Your divorce decree should have dealt with the transfer of this property to you notwithstanding her name on the mortgage. Did the paperwork do that? If not, you may need to back to the Judge to get that done, otherwise as Mr. Slater says she can claim an interest.

What is the role of an indivdual in society?

What is the role of an indivdual in society?
an individual is responsible for helping everyone in his or her society without partiality. He is responsible for creating a good enviroment for everyone in his society.

My brother and I are the two people in my parents will they have passed and now my brother has passed and his children that weren't mention ...

Question

My brother and I are the two people in my parents will they have passed and now my brother has passed and his children that weren't mention in the will are asking what are their rights to they estate?

Answer

It depends on how the will left your parents property to your brother. Most likely your brother's half would pass to his kids. So, if he had two kids his half would pass and each kid would get a 1/4. If he has 3 kids, each kid would get 1/6 and so on. This could be different, it just depends on the will.

Hi, my neighbor died 2 years ago (an old nice man), and left a large estate (valued over $100,000 according to his friend) and the friend wa...

Question

Hi, my neighbor died 2 years ago (an old nice man), and left a large estate (valued over $100,000 according to his friend) and the friend wants the estate to go to his the decedents family. The friend wants me to help but i dont believe the decedent has any family here but i know that he has 2 brothers in Iran. How would i go about contacting the brothers in Iran? and if the brothers have passed or am unable to contact them, would the estate go to a cousin or other relative of the decedent here in America?

Thank you for all your help.

Allen

Answer

OK, first off, $100,000 is a small estate as far as the law and Probate Court is concerned. Second, by even asking this question, as a person assisting another person, you are asking us to assist you in practicing law without a license. Third, how to contact brothers in Iran is not a legal question. We have no idea how to find a dead man's brothers in Iran. Lastly, (finally) a question we can answer: if the man died in California and he has no living brothers, wife or offspring, then you have to look at who is still living. Brother's or sister's are a second choice after parents. Brothers or sisters children are the next likely category, but without knowing the family tree and who is alive there is no way to conclusively answer who is entitled to the estate.

Answer

As Mr. McCormick said this is not a large estate by probate standards. In fact, if less than $150k then a full probate is not required. Did the person own real estate or just money in the bank? In terms of finding the family a lot of times heir finders are brought in who will find the family... for a cut of course. They are amazingly efficient at finding people!

Have a home healthcare claim going on with WC case. Attorney has not worked on it for 1 year 3 months. Court approved an AME-Doctors agreed ...

Question

Have a home healthcare claim going on with WC case. Attorney has not worked on it for 1 year 3 months. Court approved an AME-Doctors agreed upon but no AME in 15 months. What is likely to happen if I report lack of performance to CA State Bar & inability to contact my atty. Sent atty cert/RRR letter asking to please contact me. Gave 7 days-NO reply Atty gets 15% of settlement. Would atty be likely to withdraw from case if reported? & if atty was the one to withdraw from case could she then collect payment for working part of the case as opposed to being fired and asking for portion of award?

Answer

Prior to taking any action against your attorney, I invite you to contact my office and set up a free consultation so to evaluate your entire situation, and review all your options. My telephone number is, 877-505-INJURY (4687).

My daughter lives in California. She has to leave the state to gert out of an abusive mariage. Can she file a restraining order from another...

Question

My daughter lives in California. She has to leave the state to gert out of an abusive mariage. Can she file a restraining order from another state or does she have to be present in California?

Answer

The other state may not have jurisdiction over the person to be restrained. Lawyers are taught about this stuff during the first year of law school.

Answer

She would have to be present to testify at the hearing on the RO. In addition, the order would not be enforceable outside California. On the other hand, as Mr. Roach notes, the other state would not have jurisdiction over the husband. Only if he came to the other state and committed restrainable acts, would the other state be able to issue an enforceable RO.

So if he is committing harassment remotely, such as by phone, she will have to come to CA to get an order against it. Otherwise, she has to wait for him to try to follow her to the other state and commit acts there, in order to get an order that will be enforced in the new state.

My tenant wanted to leave the lease early. I found a new tenant, so I let him out early. The tenants last day was May 31, but he said he wou...

Question

My tenant wanted to leave the lease early. I found a new tenant, so I let him out early. The tenants last day was May 31, but he said he would be out 4/30 so we could get the house ready for the new tenant for 6/1. He paid May, as required, but insisted he would be out 4/30. is there anything wrong with insisting he vacate the premises and keeping the May payment? the house was left in horrible condition, the security deposit will not cover everything and he didn't leave until 2 weeks into May.

Answer

Your question is a little confusing. If he has paid for May, and his last day is May 31, then the tenant would seem to have the right to be there through the end of May, even if his or her best intention was to move out sooner. Regardless of that fact, your question makes it sound like the tenant has already moved out. If the tenant moved out mid-month, I think you are safe keeping their payment for the month of May. There is no obligation - unless is was part of the bargain for him moving out sooner than the end of May - for you to accept partial monthly rent payments. Be careful with that security deposit.

my Mother passed away Dec. 2013. I received the will by certified mail. there were papers enclosed that my brother wanted me to sign so he c...

Question

my Mother passed away Dec. 2013. I received the will by certified mail. there were papers enclosed that my brother wanted me to sign so he could probate the will. The will has no notary seal and no ink stamp. (he is the executor) Come to find out that he wrote the will and had my Mother sign it. Also there were numerous life insurance policies, CD's, stocks and bonds. None of that is listed. My brother is in Georgia and I am in Ohio. The home and contents were left to my younger brother. Also on the will it was dated Nov. 12, 2008, 2008 is scratched out and 2010 put in. My Mother told me how much money each of us would get. According to my brother he says there is no money. Also he says now that there is a credit card that is maxed out and no money, so there will be a lien put on the property. My Mother did not live beyond her means. She had a retirement check from the military, her social security, my deceased Dad's social security, plus her pension. I need help

Answer

You'll need to hire a probate lawyer in or near the county in which the will is being probated.

Answer

I am sorry for your loss. Wills in Georgia do NOT have to be notarized (although there is an advantage to having an attached notarized self-proving affidavit, it is not mandatory. Life insurance is usually NOT in a will as it goes straight to beneficiaries. In many cases CDs and other financial assets are titled in a way that pass outside probate. If there are debts in excess of assets, the heirs do get zero. And while it was probably stupid for him and not a lawyer to write a will, if he did it right that is not a problem. No one here has seen the will or knows the facts or even knows if you actually do need help and there is only way to know if you do - that is to retain a Georgia lawyer to look at the will and probate petition and determine (1) if the will appears valid, and (2) if you should or should not sign papers, and (3) to give an opinion on if you get zero or something. There are strict deadlines in probate, so hire your lawyer (in Georgia) on Monday, in a county near where your mother lived.

Negligent AttorneyMy friend's father died 3 yrs ago his will clearly stated to split everything equally between her brother, who is the E...

Question

Negligent Attorney

My friend's father died 3 yrs ago & his will clearly stated to split everything equally between her brother, who is the Executor. He did not leave any specific instructions on any assets. I was her father's financial advisor thru an Investment firm. Instead of selling & splitting proceeds, he ''cherry picked'' what he wanted, mainly the family property (acreage). He hired 2 appraisers who low-balled the value by more than 50%, then sent her a check for cash. She took him to court, but her attorney continuously missed court & opposing attorney's response deadlines. This resulted in her brother pushing the case thru & getting what he wanted. I met with her attorney who admitted to me that he screwed up PLUS she has his admission on an email. She also spoke to the Probate Judge who confirmed the attorney's gross negligence in not responding timely, but couldn't recommend another attorney. What should she do now? Get another attorney to sue the first one? Or, can she make a claim on his Errors & Omissions insurance? If so, how is that done? We've called the Ga. Bar Assoc, who recommended getting another attorney. Why would someone be forced to hire another attorney to go after him when he's admitted guilt? Help!

Answer

Re: Negligent Attorney

The reason you hire another attorney is the same reason you ask the questions in this forum. Asserting a claim against a lawyer is like any other legal dispute. You don't just send the lawyer or his insurance carrier a bill for whatever you think is correct, and they send a check. The client should retain a legal malpractice attorney to analyze the claim and provide proper advice.