My ex-wife got our Florida condo in our 2007 divorce. She was to refinance to remove me from the loan. She still has not done it, claiming she can't qualify on her own. What are my options?
Your divorce decree controls. Review it with your attorney or find one to review it with now.
Is it legal for a chiropractor to take a percentage on top of rent from a massage therapist working as a independent contractor out of his office?
I can't see why it would be illegal. It is a matter of contract law, and the massage therapist is getting a benefit in the form of customers and a place to work.
Can a minor own property separate of their parents or guardians, such so that a parent could not for example take it away? What precedents would give either side weight?
A minor cannot own property and cannot operate or handle the property as the minor cannot contract. The best that could happen is the property is held in a corporate name or trust and run by an adult other than the parents and that corporation/trust provides the benefits to the minor. A guardianship may be needed if the parents cannot handle the income, if any, and if substantial enough. Seek some legal guidance on how to accomplish what is needed.
The utility bills (gas/elec) for my apartment are way too high. I think another tenant's Washer/Dryer are on my utilities. What can I do ?
Well talking to your would be the place to start. If you just want to know for sure wait till they're in the middle of laundry you could just flip all you breakers off and see if their wash comes to a halt. More than likely it's a 20 or higher amp breaker., so you could just turn off those. Once you figure out which breaker you leave it off to force the issue.
John
What to do if you don't think the appointed administrator of a will is fulfilling there obligations?
Where is the estate being probated? NC?
If the administrator is not doing his/her job then he/she can be removed. If the administrator completely fails to file things like inventories/accountings and fails to move the case along then the clerk will remove the administrator for cause.
However, if you just don't like the way the administrator is handling this and/or do not want to wait, then you can file your own removal petition.
What do you mean by the administrator not "fulfilling" his/her obligations? Is he/she doing the job correctly or not? The job of the administrator is to figure out what the deceased owned and owed, pay any just debts and deliver any remaining assets to the heirs under the intestacy law if there is no will. That is it. If the administrator is not distributing things according to some verbal wishes of the deceased, that is too bad but not enough to remove the administrator. However, if the administrator is giving away the decedent;s property for no or low value or otherwise disposing of it improperly then that type of malfeasance is actionable.
What I would do is contact the clerk of the probate court where the estate is pending. Make a complete copy of the estate file. Or see a probate lawyer who practices in the county where the estate is pending and pay the lawyer to copy and review the file and consult with you as to the findings. If there is indeed something amiss the lawyer can file a petition to remove the administrator and enjoin any further disposition of assets. If things do nor rise to that level, then perhaps the attorney can send a letter to estate counsel or the administrator. This will send the administrator a message and let them know that a lawyer is watching and looking out for you and that if things are not done correctly then there will be consequences (i.e. removal).
Can I sue someone that I crashed into for not having a valid California drivers license?
Sue for what?
It's a criminal offense to drive without a valid license, but you can't sue for a criminal offense.
If they were the cause of the accident, you can sue them for damages.
My name is Ramurty reddy im 60 yrs old.In 2011 my father's brother has passed away who was a bachelor.I have 3 brothers.My father has 2 sisters(who has passed away) also.Would my fathers sisters son and daughters get any share in property and how should we proceed to get the propery please help me.
Please go sit down with a lawyer in your community who can get all the facts needed to answer this question for you.
If someone had their license suspended in Washington and lives in Ohio and has decided to drive. (Drinking and driving) The verdict was supposed to be sent to Ohio also but was never sent. What would happen if they were stopped by the police.
Ohio has a compact with just about every other state in the United States which says that if your license is suspended in the other state then it will show as suspended in the state. This means that you will probably the cited for either driving without a license or driving while your license is suspended.
My question involves criminal law for the state of: Missouri
I was in the car with my friend while he was driving, he got into an accident and back ended someone. The police came and told us all to step out of the car for the search. I continually refused search but they told me I had no choice but to step out and to be searched and that it was a lawful order. I was found with 5 grams along with a pipe after the search. I was put in cuffs while awaiting for my court summons to be issued. After the officer got the pipe and weed, he did not search my shoes. Then another officer later searched my shoes but nothing was found there. They claimed they smelled marijuana.
Was wondering, since I continually refused search and this is my first offense of any crime, what is the chances of it being thrown out or reduced? I'm 19.
An officer can search someone if the officer has a warrant, or has permission, or has observed said person commit a crime and the defendant is under arrest, or if there is some sort of emergency and the officer had to search someone to prevent loss of evidence. None of these things apply here. The search was illegal and the evidence should be suppressed. You should contact a lawyer who may file a motion to suppress this evidence. Feel free to contact me if you want to discuss this further.
Sean Santoro
It is possible for the evidence to be suppressed, but the cops will testify that they smelled marijuana which gave them probable cause to believe a crime was being committed (possession). It may still be possible for you to avoid a conviction, and it is crucial for you to do so. I have handled hundreds of these cases over the last 36 years, and I may be able to help you. Feel free to contact me directly.
Is a respondent entitled to "discovery" on petitioner, if they have not filed a response (is in default, but a default has not been filed).
If so, is requesting "discovery" still valid if it is NOT done on a "pleading paper"?
Should petitioner reply on "pleading paper" even though discovery was requested on plain paper?
A responding party can serve discovery even though they have not yet filed a response. If their time has run, you need to have the court enter their default. But the general rule is that the status of the pleadings is not an excuse to avoid discovery.
Discovery can be on forms, or on pleading paper. Your responses should be in the proper format, on the proper paper, even though you are representing yourself.
My child's father had drugs and guns within her reach and she was taken away. I am no longer with the father and haven't been for more than 2 yrs. The cps has taken drug screenings of me and I have passed them all. They told me I could get her back today but when I called, they told me that I couldn't get her back for a year. I need help. I am unemployed at the time and would like to know if there are any options for a woman in my current position. This is my friends email.
You need to find the money to hire an attorney to assist you.
You did not include your zip code so I cannot refer you to anyone.
Look on this website and on www.avvo.com for an attorney.
My mother in law has a verbal contract with my husband and I to buy her property.
We would start to buy the house for 1000 a month, when we both become employed.
this property is in another state and I have quit my job and had cost me a great deal of money to move. Now she wants to evict me and my husband.
can she do that.
Generally a verbal contract for the sale of real estate isn't enforceable, although there are sometimes exceptions, especially where you act in reliance upon the continuation or upholding of the promise.
As for the eviction, your lawyer will need more details about the lease or option agreement (even if no writing exists) and your mother-in-law's lease termination notice (if any). But likely, the true owner can eventually get possession of the property if they go through the right hoops and there is no written sales agreement.
My landlords tee broke our car windshield Is he liable
Repost this question. It is confusing.
How long does the district court in Minnesota have to rule on a civil complaint?
There really is no deadline. Typically, upon filing, the court issues a scheduling order with dates and time deadlines, including the trial date. If motions are filed, they must be decided within 90 days of submission.
Your attorney should advise you as to scheduling matters.
For the past six months , I have been off work due to being hurt on the job, following my injury, I was given a form allowing med records for this injury only to be released to my work comp caseworker , today however i was given a threatening phone call from my employer's lawyer stating unless i grant them access to my med records prior to my injury, they can halt my payments , is this legal ?
Perhaps...look at OCGA 34-9-207 and Board Rule 207 for information about who can request your medical records in a workers' comp claim in GA. Glad to help further if you'd like to talk.
-Michael
I booked flight and hotel trip to Honolulu for 3 people cost $1800 thru Bookit.I was late for the departure so I had to book a one way flight to get to Honolulu the next day with my own money.(which is fine)Suprise me that when I got there I found out that Bookit automatic cancel my hotel and return flight,I tried to call them but they said according to their term and regulation nothing they can do.Basiclly they refused to refund my money.My question here is if I kept fighting for it ,is there a chance for me to get my money back?and they have the right to cancel the entire trip like that?thank you for ur answer.
file a small claims case, present your proof and facts, and hope for the best.
how much time is spent if givin 6 yrs?HOW MUCH TIME FOR LESS THAN 1 GM OF METH?WHAT DOES REENTRY HAVE TO DO WITH SENTENCED TIME? MIC IN CALIFORNIA
The amount of time that one does on a six year sentence depends upon what the crime is and what your record is. As to how much time one can do for 1 gm of meth, that depends on what the charge is and one's record. I'm not sure what you mean by connecting reentry and sentenced time. There is no relationship. Do you mean realignment? If so there are many factors including the charge for which you are convicted and your record. You can repost but you will need to be more specific.
In a divorce is my wife entitled to inheritance money?
If it has been received it depends on how it was stored. If it was put into a joint account she has an interest. If it was in an account with only one name on it, generally not. If this is an expectancy only she has no interest.
no unless the donor gives it to you AND your wife in the will, etc.
im in the middle of getting a divorce and my wife wants to take the house that we have lived in for two years but her name isnt on the loan can you take the house from me?
If the house was purchased during the marriage, even if her name is not on the mortgage or the note; she may have a marital interest in a share of the property. Everything purchased during the marriage with funds earned by either husband or wife is marital property and the court must equitably divide marital property.
Her name on the loan or not is irrelevant. Ms. Bates Buchanan give you a great synopsis of the law. Seek legal help.
I live in Texas and is like to leave my home and live with a friends family. Is it legal to do this without parental consent? (I'm 16 by the way)
No, in Texas you are a minor. You can do whatever you want the moment you turn 18.
if a check was given for payment for a taxidermist on a deer head and the taxidermist lost the check and requested I put a stop payment. Am I required to reissue payment. He took 2 years to get the deer head done I called and called on it. He said his wife left him and he was going to lose his house so that was why he took so long to get it done. I had to drive over to his place numerous times to get him to finish my deer head. I tried to get him to charge less since it took so long and he didn't score it as requested but he required the entire amount. I gave him payment, received a paid receipt and he later lost the check. I stopped payment on the original check and he requested a new check. I said no and now he is taking me to small claims court. Should I have given him a new check? If I had given him cash and he lost it, that is his problem. Isn't a check the same as cash?
Assuming the sum of money at stake is more than nominal, I suggest that it appears that it would be prudent for you to seek private legal counsel at this time. Generally, cash and checks are not one and the same.
i was given a ticket for no seatbelt and no valid licence before my fine was due i recieved a summons when i called the court my charges had been changed to driving on suspended is this legal
NO. Driving while your license is suspended is illegal I suggest you consult directly with a traffic or criminal defense attorney very soon. You may contact me by email, if you wish. Being found guilty of driving while suspended can cause your driving privileges to suspended for even longer.
Good luck
In a fed civil 1983 lawsuit, can a cliam be filed in the northern district of ga where part of the tort occurred and the tort continued in the next county,middle dist of ga, with the same major players?
It depends on the facts of the case and if you can show that those defendants were somehow joint tortfeasors and/or how there was a continuous tort allowing one chosen venue for all of the defendants
Section 1983 cases are very complicated and fraught with pitfalls which could cause case to be dismissed (i.e., if you are currently an inmate, you must follow special procedures, etc)
You need to hire counsel who has successfully filed and prosecuted these types of cases as we have
Good Luck [770.985.6773 (answered 24x7)]
Ralph J Villani, Esq
need help on a wage garnishment question was on medicaid had heart issues need fixing to save life. was in hospital on 4/2010 and medicaid paid bill went back in on 11/2010 medicaid did not pay bill went in for surgery on 1/2011 and medicaid paid bill. Turned in all bill to case worker. though all was will until, a few Mondays ago my husband came home and said Thursday(same week) when we get paid there are going to garnishes his pay check for $160.42 per pay period he works 40 hours a week at $10 an hour. I called my case worker they said the hospital has to handle it, i call the hospital they say my case worker has to handle it. (and i have a new case worker now) what do i do now can't make it?
You should not have defaulted on the lawsuit. There is not mich to do at this point but request a reasonable payment plan on the case in front of the Judge or go bankrupt.
I recently discovered evidence that a loved-one has been ghosting an identity (living under a false identity of a deceased person) for the last 30 years. I have not confronted this peson. I have no idea who this person was or if this person had a criminal background. This person currently does not have a criminal background under this false identity. I have a copy of the birth certificate that this person uses and I recently found this same person's death certificate from the 1970s. Both documents are from a different state than this person's 30-year residence. This person has married, has children, pays a mortgage, and pays taxes.
My questions:
1. What are my legal obligations to turn in these public records to authorities?
2. Since this person lived their entire falsified life in a different state than the documents' origin, which state jurisdiction does this fall under? Could this be a federal crime?
3. What are the probable minimum and maximum punishments for this crime? Since the stolen identity is of a deceased person, is this a victimless crime?
First of all, how sure are you that your loved one isn't who he claims to be? The death record you saw could belong to someone who had the same name. Or it could be incorrect. You should look into these possibilities if you haven't already.
Even if you're right, I don't think you have a duty to turn him in or to show anyone what you've found. But you probably have a duty not to vouch for his identity now that you know it's false.
Living under a false identity isn't necessarily a crime in its own right. But it would be hard to do without committing a variety of other crimes along the way. Your loved one may also be trying to hide from the law, if he's wanted for crimes he committed under a different name. It's also possible that he has less sinister reasons for assuming a new identity.
I'm going to intentionally be a little offensive here, but what on earth makes you think you have any right to meddle and intrude on this person's privacy just because of some relationship to him, or to slander him as being a criminal if you 'report' him?? You already admit he "does not have a criminal background" in this identity, and lives an apparently blameless life.
You have not stated what credible evidence exists to support your conclusion that his is a 'false' identity, other than your conclusion. Even if true, so what?
What on earth makes you think using a name of his own choosing is a crime??
Even if this is a false identity, who told you there is any terrible crime in doing so, or any crime that induced him to do this 30 years ago? Even if there was a long ago crime, the statute of limitations ran out decades ago, unless the crime he committed was murder. If that is the crime, then report away if you choose and if you think this is the moral thing to do.
You have no legal 'right' to meddle, nor legal 'obligation' to report people to authorities - people who apparently have not harmed you or anyone else.
Telling in your post is that you haven't even demonstrated the courtesy of giving this person the opportunity to admit, deny, or explain before you run off and possibly damage his life.
I was driving in to my apt complex parking lot when a driver backed up &hit me she did not hve a license nor on the insurance . The mothers insurance went bankrupt the next day . What can I do I was injured.
You can sue the driver. The question is: if you win, how will you collect the money?
My neighbor has been harassing me from the start. She knocks on my door to complain about things like people knocking on my door yet she knocks on my door around 11am and 12am. She has complained in he past about another resident coming to my house everyday. The resident would come to my house and give me cat food because she likes my cats. I also have more cats then is allowed at the complex and she gave me up to the office and gave their names to the office. This neighbor continues to knock on my door and act like she is not the one who complained to he office about me and continues to ask my business. I feel harassed and threatened. Now I have an issue with the complex office who knows about my cats telling me to get rid of my cats or the lease will be terminated. And they are coming for inspection on the 12th. This neighbor continues o complain about things like knocking on my door at 12pm or 1pm because she is sleeping.
Or who is parking in the parking lot. She has threatened several times that she would get into the residents face if she comes here again. I cannot call he office because of he situation going on with my cats and I fear they will just not care and side with the neighbors. So what I'm asking is if I can doing anything about his neighbor. And also I want me cats to be safe. If I have to move I have to move. I know I broke he rules but I just moved here a couple months before those neighbors moved here. I had these cats all their lives and my family moved me and my mom in here but at the time I was in the hospital. This neighbor has looked in my windows everything. She listens to everything being said at my door that now I have to bring people in my house to talk to them or move away from view of her or speak quietly.
The office has sent animal control to my house twice already since the neighbors have told them I have more then the amount of cats allowed and I was feeding the strays. My mom is now in the hospital because she had a heart attack because these people felt it necessary to tell the office about my cats. We are nice people but these neighbors do no want us here. The want to get us evicted. They have made me feel like a horrible person and the neighbor and her mom who lives with her would intimidate me about the situation knowing that I had my cats and I shied away from causing too much of a scene near my apartment and they think I wont tell anyone.
I want my cats to be safe. I don't want them taken away from me. I spent a lot of money on getting them fixed and going to the vet to get check ups etc. These people did this for the purpose of getting us evicted. I don usually get so involved with people but it is pretty hard to when they are knocking on your door everyone single night to complain about something or somebody. Then they assume I'm some kind of idiot they can be phony to and bully around.
Let's deal with these issues separately. First of all, you have too many cats and you know it. So whether or not you have a neighbor who is harassing you, you are still required to follow the rules of the complex. It doesn't matter whether it was the harassing neighbor who brought it to the attention of the management or not. If you don't comply with their rules, you will need to leave. End of discussion. (By the way, maybe that is the better solution. It would get you away from the harassing neighbor).
The second issue is the neighbor. If she is harassing you, then you can file a Complaint alleging the harassment; this would ultimately be heard by the Municipal Judge, I cannot give you an opinion as to whether or not you would be successful in establishing harassment. That would be determined by the proofs brought at the time the matter is heard. However, this is what people should do if they believe they have probable cause to establish the harassment. And by the way, complaining to management that you have too many cats would not appear to be a form of harassment since, as you have admitted, you are indeed in violation of that rule.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner
I received a probation before judgement last august in prince george's county. Now I recently got a speeding ticket from one of those speed cameras. The citation says I won't receive any points, but will this ticket trigger the previous probation before judgement?
Camera tickets are sent to the registered owner of the car. No points are assessed, because there isn't a way to know whether the registered owner was in fact the driver. However if you exercise the option for a trial to go to court to defend it one of the facts that might come out is who was the driver. If the court finds that you were the driver, then the citation might be a violation of probation.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
can a husband keep saying to his wife that he is going to divorce her and take the minor children when she takes good care of them? She don't drink or do any type of drugs.
Nothing illegal about saying it.
I utilized hellosign.com to sign documents electronically all the time. I recently signed a loan application electronically using the website; however, the loan office insists that I sign the document by hand. The document is being sent to the lender electronically. Is my electronic signature not legally binding?
The person who is receiving the document (and relying on it) has the right to demand a "real" signature.
Your electronic signature is binding if the other party agrees to make a written contract with you in that fashion.
Custody Question
My 5 yr old son resides with my ex-wife his mother. She drops him off to kindergarten and then picks him up around 6:30 pm and puts him to bed at 8 pm nightly. My son has a hard time going to sleep and he has said "mommy gives me Tylenol to go to sleep" and just this past weds she said she gives him melatonin to sleep. My son has been complaining about his stomach hurting for awhile now, one of the side effects of melatonin is stomach aches, all research I have done states melatonin has a high possibility of danger. My ex feeds my son mostly fast food, when I have him we mostly eat at home and work on school work and play at the park and with cars and trains on the floor. My son and his older half brother (14 yrs old) don't get alongand my ex leaves myson in his care. My son has stated that "mommy yells all the time" , I have also picked up my son and he has said he has not had a bath. Also my son is hyperactive and unable to focus and my ex will not get him tested. My son shows all the signs I did as a child and I went through all the testing etc... my ex is also verbally abuse and only calls when I have my son to bitch about money. I have also asked her to Not give my son melatonin as it is dangerous and she is still giving it to him. I have all research paperwork and pics. My son has asked me "why does mommy call me child support?). I had full custody of my 2 older sons and raised them to be respectful educated young men. I am seeking to take full custody of my son. I live in San Bernadino County and my ex resides in Los Angeles county. My ex also some how closed my personal debit card and rushed a new one to her address and I was charged $15 for rush fees, then she used the card with my name on it 6 times (on the joint acct she refuses to take me off of), I do not use her acct at all) My question is, do I have enough against her to take full physical and legal custody of my son? If I don't
You have two separate issues here. First if an individual fraudulently orders a debit card in your name in order to launder money you have civil remedies.
Now in regards to custody what is your timeshare now? Do you have joint legal custody? If so get the child checked. Your research is not going to win the day. You are not an expert in the area and testimony on it would not have any authority behind it. Get the child checked out. If it is this medication causing your child sickness share the findings with the mother. If she continues to do it otherwise, risking the health of your child, then you would certainly have an argument for sole legal custody and perhaps physical. If nothing else you can confidently inform the Judicial Officer that you attempted to handle the matter outside of the court. The Judge will appreciate this.
My husband & i got full custody of my 16yr. old niece from my ex. brother in law. He was unable to care for her because he lost his job. Her mom (my sister) didnt want her at the time. But her parents are divorce and share 50% custody. When i recieved Full Custody on 7/29/2014 her father signed over Power of Attorney and it was signed and dated by a Notary Public. Today my sister wants to take my niece back and the father is unable to be reached. Can she do that? Is there anything that we can do?
It is a basic law of co NM t re act tge ine cannot pass on mire than they own. If your former brother in law had 50% custody, that is the most he could give to you. But, when it comes to kids, one divorced parent cannot alienate the interest of the other parent. Her could allow you to have visitation during his 50% custody periods. But, in trying to pass on his custody rights, he is essentially conceding his 50% to the mother.
So, unless you obtain an Order from the Court with jurisdiction, your sister probably within her rights to retrieve the child when the father conceded his interest.
Good luck
Hire an attorney!! Unless you don't care where the child winds up, you will have to obtain a Court Order. Good luck.
Meet immediately with an experienced family law attorney
How can I know if someone left me as beneficiary on life insurance, after they passed away 4 months ago but nobody notified me?
Do you know which insurance company has the policy? You can contact them.
This is the proverbial needle in the haystack because if you can't find out the name of the insurance company and nobody will tell you, you're likely out of luck. However, the decedent should have received periodic statements from the insurance company, so if you are able to go over the decedent's financial records, you ought to be able to find out what insurance company to talk to.
a commercial debt collector, which I just found out, is calling my business over 10 times a day. He now is calling my wifes business which has nothing to do with it and yelling at her to pay the bill ( which she is not even on ). I researched the collection company online and they have numerous complaints about harassment. Im not even sure I owe the debt and he wont send me the contract that I have asked for. How can I get him to stop harassing me, my family, and the business I own.
Their behavior is improper. But you will probably need the skills and assistance of an attorney to take the appropriate steps on your behalf.
I need to get "custody" of my granddaughter. CPS placed her with us as "care givers" right after she left the hospital. She will be 6 months old on February 7th. Her mother has seen her 1 time and her father has seen her 3 times. I need to be able to get a legal document so that she can be covered under my insurance at work. I just found out her medicaid runs out today, 1/31 and my husband and I make too much money for her to continue to get medicaid. I do not understand the differences of custody, guardianship, conservatorship, etc. I believe both parents will agree to sign any papers. CPS was never any help to us at all. The parents are not helping with any expenses. What is the best type of process we should go through and at what costs? I have heard $2500 to get custody. Are they any self help services I can research?
I've seen this lots of times. CPS places a child under a "Plan of Service" agreement and then kind of disappears. It really leaves care givers in limbo.
I suggest you talk with a family law attorney in your area about a Suit Affecting Parent-Child Relationship. Filing this suit can get you temporary conservatorship of the child (so you can try to add her to your insurance) and then permanent conservatorship when the time for the parents to respond to the suit has passed or they have signed an agreed order. These kinds of orders can provide not only for conservatorship of the child but also for child support and visitation.
I am not aware of self help resources for this kind of thing and you really don't want to try doing it yourself anyway.
I suppose you could just call CPS and tell them you are going to give the child back to her parents if you don't get some help. I've never been able to get a client to try that approach and I'm not really recommending it - it's just kind of interesting to think about.
My daughters father and I are no longer together. My daughter lives with me. He signed the birth certificate, signed a paternity affidavit, and also signed a legitimation form. He wants to see her this week and I was wondering if he can keep her from me and not give her back.
He has NO rights at all. Unless he seeks such rights in Superior court you do not have to allow visitation, and if he takes the child without permission he is a kidnapper.
If a property owner dies without a will and the property goes to widow and children, do they need a lawyer to change the name on the property deed, or can it be done on their own?
You skipped a step. If the widow and kids are not already on the deed, then an Estate must be opened. The house is currently property of the dead owner's Estate. The court then appoints a Personal Representative. Once appointed, the PR will prepare and sign a deed transferring ownership from the Estate to whomever is entitled to receive it.
This is a very common issue, and many folks screw up by not passing title through the Estate. It will prevent anyone from financing, or from selling the house in the future.
The earlier attorney post validly observed that an estate needs to be opened first. To answer your specific question, Maryland law restricts who can prepare a deed to either an attorney or a party to the transaction.
I appreciate cost-saving measures but having an attorney prepare a deed is usually well worth the minor expense. Whoever prepares a deed must be one authorized by law and should have a good working understanding of the different ways to hold title, the different types of warranties a deed can contain, the proper process for recording (which usually requires stamping at 3-4 different gov't offices) as well as the transfer/recordation taxes and their exemptions.
Sometimes party prepared deeds are fine but I have seen more than a few botched deeds where the old adage "an ounce of prevention is worth a pound of cure" holds true. If the estate is not represented by counsel, many real estate firms would be happy to assist with a deed. My own firm prepares stand-alone deeds for a modest flat fee and you can contact other firms to get their pricing. Please note that this post is not a promise to represent.
Is it illegal to warn someone they have an arrest pending
No.
No, as long as it is true. It would be illegal to try and help them avoid arrest.
Can I sue an american man whom I have been living and travelling with for domestic abuse and blackmail from my home country? (not the US) he lives in california
If you want to sue the man and receive a monetary reward, it is a civil question and it needs to be asked on a civil litigation page. If you want him charged criminally you would have to make a police report in the jurisdiction where the crime occurred and you would have to come back to the United States to testify.
I am breaking up with my boyfriend and I am going to be moving to a two bedroom apartment with 3 children and myself. The children are 13 (female), 9 (male), and 3 (female).
I can only afford a two bedroom I will put a set of bunk beds in and a toddler bed. The baby typically sleeps with me in my bed but I will put a toddler bed in for the sake of her having her own space.
Are there rules in the state of California that state age or gender limits to share a room?
Any advice would be helpful. We are civil now but in case he decides to take me to court will he have any legal ground on sleeping arrangements in my home.
If father objects, there may be court concerns about the children sharing a bedroom in the fashion you described. Your case deserves the careful attention of an experienced family law attorney in an office consultation.
Many parents in situations like yours buy a pull out couch or futon for the living room. Then you can easily switch to your 9 year old having his own room. This is as much a practical matter as a legal one; as your 13 and 9 years old children will increasingly require more privacy.
If I cared for my parents for 10years+, until their passing, can I petition the living trust for back payment for the care I gave them. I was not paid for taking care of them? Ty
You can petition for back payment for a limited period, if you can establish an agreement was reached between you and your parents regarding payment for your services.
was involved in a car accident in which I fleed the scene. its been a few days I don't know what to do. I left my car at the scene of the crime
As a Former Deputy DA, my firm has handled many cases like yours. It's clear that law enforcement already has your vehicle and will be wanting to speak with you. If you speak with them, you will convict yourself. My office has been retained on many of these, to do ALL the talking with law enforcement. You need to speak with an experienced law firm IMMEDIATELY.....DO NOT SPEAK WITH LAW ENFORCEMENT.....I wish you well........David Wallin
Agreed. You need to act fast. There may be a warrant out for you.
I was hit by a car as a child.my mother did not file a lawsuit.I am now44 yrs old and suffering had surgery on my ankle and was told by a Dr that I would eventually need a hip replacement.is it to late for me to do anything?
Yes. Way too late
My mom pasted about 13 years ago. I found her Saving Certificate Bank Book and I am the survivor of the contents. However, the account was with First Federal of
Chicago and they went out of business. I know that Citicorp took over their business. I sent first to I Cash in Springfield and they had no record of the account. I went downtown Chicago to Citicorp and they could not find any record of the account. In addition I went to the State of Illinois building and it was no record and the staff told me not to give up because the money went somewhere or to someone. My question is to Who??? I need to know what is the next step that I need to take? e-mail address: [email protected]/* */
Try the Public Guardian's Office. Otherwise I think you are at a dead end.
I agree with Ms. Roberts-Kurpis. Due to the passage of time, it is difficult to prove anything. For example, as a threshold issue, you can't be certain the account contained funds on the date of your mother's death, and unless you have proof, you are unlikely to be able to proceed further.
I know this is kind of long but I want you to know all the details. Almost 2 years ago my x got custody of our son because I was late meeting a few times and he didn't go with his dad on some of his weekends. So the judge ordered us having joint legal custody with him having physical. I ended up having to go to jail for 3 months for a nonviolent misdemeanor and just came home on June. Not long after I got home I got court papers saying that he has petitioned the court asking for me to have supervised visitation and that the court grant that the step mother have decision making authority over school and medical. I have never hurt my child done any drug and have never been convicted of any felonies. Also the judge had order that there was to be no drinking alcohol around my son. I recently found out and have proof that he was drinking around my son. I don't have the money to hire a lawyer and he has a lawyer already. We go to court about the supervised visitation and the thing to see if they grant the step mother decision making authority. Should I file papers about the alcohol? What advice can you give me about them asking for supervised visitation and granting step mom decision making authority? Please help.
At the scheduled hearing, you could raise the issue (at the appropriate time) of this father's alleged violation of the judge's no drinking order without filing papers
regarding this particular issue, but, if you do, you should be prepared to corroborate this allegation with credible proof at the hearing.
And, as for this father's attempt to strip away your joint legal custody
status, if your misdemeanor conviction has no significant bearing
on the issue of your parental fitness, you should so inform the court and
ask that the father's petition to modify the current custody order be dismissed
on the grounds that there have been no material changes in the circumstances of the case since the last order was entered that would now warrant any changes in this order (my opinion).
If a husband and wife have been legally separated for 20 yrs and married only one yr..does the wife have any rights to the husbands 401k if they get divorced?
To properly answer your questions we would like to provide you with a free consultation with one of our attorneys. Please contact James Luna to schedule your free consultation by calling 1-800-297-9191 or email [email protected]/* */ Your consultation can be conducted either over the telephone or in-person.
Thank you
Are legal wills and end of life documents executed and notarized in PA be legal and recognized now that we are legal residents of CA?
Almost certainly in part, maybe entirely, but because estate, trust and related end of life documentation laws are one of the most state-specific areas of the law, I strongly recommend you at least have them reviewed by a qualified California attorney. Also bear in mind that if you continue to own any assets in PA, you may need to plan for or preferably plan around probate in two states.
If the will was validly executed under the laws of the State of Pennsylvania while the testator was there, then the will is considered to be validly executed under California law. However, Mr. McCormick is correct - it's best to play it safe just to be sure and review the will with an attorney here, if only because California is a Community Property state, and Pennsylvania is not
Do quitclaim deeds have a statuet of limitations.
No, I don't believe so.
I am a tenant and has one year lease. During the tenancy, the ownership of the hosue was changed. A new owner said she did not receive a security deposit from the previous owner. Who should I go after, the old owner or the new owner, to get the deposit back?
You are legally entitled to go after both of them and they have to sort it out between themselves who pays you.
Can I get dna test for married deceased without spouse consent
How do yo expect to get the DNA sample. You can not dig up the body without spousal permission or a court order, I would think.
I have a judgement on my credit report which has been paid how do I remove this judgement? If I can't contact the corporation which placed the judgement on my report how do I handle the situation. This has lingered for a couple of years and I need this cleared up in the next couple of days.
Forget about the corporation that made the report. Write to the credit bureau (I'd write to all three of them) - PAPER letter, no phone calls or emails - and send them documentation about the payment of the debt.
Send the letters by certified mail with a return receipt requested - it will cost you about $5.70 per letter.
can i claim married filely seperately in the year that my husband died
Here is a direct quote from IRS Publication 17. This is available at the IRS web site (www.irs.gov)
Spouse died during the year. If your spouse died during the year, you are considered married for the whole year for filing status purposes.
If you did not remarry before the end of the tax year, you can file a joint return for yourself and your deceased spouse. For the next 2 years, you may be entitled to the special benefits described later under Qualifying Widow(er) With Dependent Child .
If you remarried before the end of the tax year, you can file a joint return with your new spouse. Your deceased spouse's filing status is married filing separately for that year.
I have unreimbursed medical expenses for my daughter, age 2. My husband works for the state of Texas so we have her on his insurance even though her father has her on his. It is terrible insurance requiring all of the 1500 deductible before they will pay for anything, including well child visits. We recently had to buy her rx cream, paid the 50 deductible and the 35 copay totaling 85 dollars. My ex seems to believe he is only responsible for portions of the uncovered expenses if they inccur under the plan he provides. Our court order has the standard language for Texas. "I am ordered to pay 50 percent and NCP is ordered to pay 50 percent of the unreimbursed health-care expenses, if at the time the expenses are incurred, NCP is providing health insurance as ordered. ... These provisions apply to all unreimbursed health-care expenses of the child who is the subject of this suit that are incurred while child support is payable for the child." Theres a large paragraph speaking about deadlines to turn the information to the other parent. No where in the order does it state specifics about under which health care plan we have to pay 50/50 for. So my question, is he correct? Does he only have to pay half of the incurred expenses if I use his health insurance or is he still responsible when I use my husbands insurance? Also, there are no guidelines on how we have to submit the information to the other parent. I am assuming, since he refused to pay when I told him through text (only type of communication as I have previously used it against him in inital court hearings) that sending this information certified mail to cover myself would be the next best thing? (Side note: He should consider himself lucky I use my husbands and not the indemity plan he currently has.)
I'm sorry there is no way I can read your long question.
You have to submit to his insurance if he was ordered to carry it.
You might want to apply under both policies and determine if both will pay part of it.
You must send him the Explanation of Benefits on each claim submitted along with copies of all the original invoices.
If you don't understand, then sit down in person with a family law attorney.
If worst comes to worst, go back to the judge and let the judge decide.
If he refuses to pay, look at how you were ordered to notify him. If it is required certified mail, then use that.
I hope this helps.
www.familylaw4u.com
713-847-6000
Will filing bankrupt eliminate a mortgage lien?
Bankruptcy will not eliminate a first mortgage on your property. It may eliminate all or part of a second mortgage, depending upon the value of your home.
My office is in Boca Raton and we file a lot of bankruptcy cases. I'd be happy to discuss the matter with you. We offer a free initial consultation.
Filing bankruptcy CAN eliminate a mortgage lien, IF you surrender the property. If you are seeking to retain the property then you will have to make your payments.
If you believe you need to file bankruptcy you should contact an experienced bankruptcy attorney for an evaluation of your case. You may have options other than bankruptcy.
Good luck
my daughter allows her boyfriend to share our guesthouse where i let her live temporarily. he is causing us problems and after giving him several second chances he refuses to leave. do i have to go through the eviction process?
Eviction or ejectment. Eviction is easier.
He is not a tenant, so eviction is not available.
Does my childs Probation officer have the right to tell me to make my boyfriend move out. And can they tell me that someone cannot visit
The probation officer may set rules of probation. It is your child who must abide by those rules. If the child does not agree the rules are reasonable, the child, through counsel, must file a Motion seeking to modify those terms. If you do not put your child in a position to comply, the child may face a probation violation.
For a consultation call 612-240-805
The child, presumably a minor child, must obey the conditions and terms of the probation. Motion to the court may be made should the specific terms be arguably unreasonable. Tricia Dwyer Esq Tricia Dwyer Esq & Assoc PLLC http://DWYERLAWFIRM.net PHONE 612-296-9666 Minnesota Criminal Defense Attorneys - Minnesota Adult-Juvenile Criminal Defense Attorneys
I have a contract that's ready to be signed for an offer on 10 acres land in South Carolina. I'm unsure of what happens after signing it since this is the first time I've purchased land. Can things be changed after its signed?
No, not normally unless there is a provision in the contract which
allows for the specific change. (Nevertheless, if this is your
first time in purchasing property pursuant to the terms of such
a contract, you likely would be well advised to have an attorney review it.)
I am filing for chapter 7 bankruptcy. My wife is not. 5 years ago, My wife had $20,000 transferred into a savings account in her name. 1 year later it was advised by our bank for her to open a money market account. When she did, both of our names were attached to that account. The money market account has a different account number from the original savings account. Will her money be safe if I file for a chapter 7?
You need to consult with an Alabama attorney. You may have enough exemptions to cover it but I don't really know. http://www.superdebtbuster.com
You will not have enough exemptions to cover it. You will need to show where the original $20,000 came from and have some documentation that you never signed for the money market account, furthermore, that the bank just put it in both names. If your name or signature is not on the document, that can be used to show the trustee. By the way, I am in Birmingham but a native of your zip code. Please let me know if I can be of assistance and call me. I would love to help if I can.
I live in Glendale Heights Illinois. We have lived at Stone Gate Apt/Condos since mid march. We are renting from a private owner in the complex. We asked our landlords upon signing the lease if we needed a parking permit of any kind and were assured that we did not. Upon going into the office and showing our lease multiple times we were never instructed to get one or told we needed one. Also, upon walking multiple parking lots in the complex, 99% of the cars in said lot do not have any stickers and/or permits of any kind. We woke up this morning, 6/4/14, and found our car gone. We called the towing service and we were told that they towed it for not having a permit and that it would cost roughly $180 to get out, which we do not have. Is this a legal tow? Can we hold the landlord responsible for paying this, since we specifically asked them before we moved in? My child and my job depend on this car. Thank you, John Gitzinger - [email protected]/* */
Are there posted signs in the parking lot?
Something stating you need a permit to park here and if you do not you may be towed? It may also have the tow companies contact info.
I share 50/50 custody with my ex-wife. Sometimes she goes out and she has a babysitter watch her three year old daughter and our eight year old son. I never met the babysitter and don't really trust anyone to watch over my son. Do I have a right to decline that. I live in the state of California. Thanks!
The other parent has right to utilize a babysitter when they have the child in their custodial care. If you have concerns about the babysitter, you should ask your ex to meet that individual.
Unless you have something in your order, or you have evidence that the children are being left in an unsafe situation, you have no power over your ex's household child care decisions.
My chapter 7 was recently discharged.Can my case be reopened for any reason or is this a scare tactic from my attorney because I have not paid off my balance to him yet?
You ask us to not only guess why your case would or would not be reopened, for some unknown reason, but also guess what your lawyer is thinking. If you have a question about your case, call him.
Hello, I have a warrant for a failure to appear in the state of Maryland for driving on a suspended licence. I would like to resolve this issue from California, however I now go to school, take care of my mother, and I have a part time job. I do not have the money to afford a lawyer or a plane ticket to MD right now.
If I where to turn myself in to the local authorities of CA what will happen?
Unfortunately CA cannot help you with this. You have to contact a Maryland attorney. If you get caught driving on a suspended license in CA you will have big problems and your car will get impounded. Google traffic ticket attorneys in Maryland.
While I can make no promises what I suspect will happen is that you will be arrested and jailed. California authorities will then contact the Maryland authorities who will probably say that they do not want to extradite you. You will then be released but the warrant will remain outstanding.
I am currently going through a custody case, (dad wants more time because his work schedule changed), I disagree because he doesn't exercise his visitation days now and think he just wants to lower child support payment.
Also he wants to add his wife to the list to be able to pick up our son. I disagree with that also, because she has been abusive to him in the past, even though CPS didn't find anything....we both have retained lawyers.
My questions are: he plans on suing me for all his legal fees, because I am in a better financial situation than he is. what does the judge look at to determine if they award him with legal fees? can I dispute it?
also, CPS was called twice to interview our son about physical abuse from step-mom. however, they closed both reports as "unfounded". -these reports have been entered into court. (upcoming court is to see what judge says about reports and hopefully decide on custody), we have been going to court for about a year now.
since the reports were unfounded, would the judge just allow step mom to pick up and provide care for our son when dad can't?
I appreciate any help! I am already in over my head with legal fees and cannot afford to speak to my lawyer besides when I see him at court.
I am in California.
thanks!
Your attorney had intimate knowledge of the circumstances and law affecting your case. The best advice you can get is from the skilled attorney representing you.
When serving via publication, should the notice be published in the the same county as where the case is filed, or in the location where the person being served resides?
How do you know he or she resides in that county? If you do know, then you have to serve that person personally. If you do not know where they reside, then publish in a newspaper in the county where the case is filed.
Original Judge was recused and re-assigned by administrative district judge but now other party is objecting?
Original judge would not recuse themselve, so the administrative district judge signed the motion and a new judge was assigned with trial date. Now the opposing party is objecting to the recusal so objection hearing set less than 7 days before trial date. Can they do this? It seems as though the district judge should be able to have the upper hand. What Should we do?
You really need to hire a competent family law attorney. This sounds like a train wreck waiting to happen. Once the recusal order is signed, there is probably no sustainable basis to object to the recusal. Just go to the hearing and see what happens.
Again, you would be much better off with an attorney. I know lawyers are not cheap...but about 20% of my practice involves charging people $5,000 to fix something that could have been prevented with $2,500 in legal fees if they had hired me at the beginning of the case. In other words, representing yourself is usually a false economy.
If I have recently been charged with a DWI and I have no vehicle to instal Lifesafer device what should I do?
I'm not sure what a Lifesafer device is. However if you do not have a vehicle or access to one, you can usually file an affidavit of non driving with the court.
i am a us citizen and my brother just passed leaving a 17 year old daughter and an 11 year old son. my sister in law (wife) is battling a stage 4 cancer and has been in and out of the hospital. she was given 3 to 6 months to live. Is there a way to petition or bring my nephew/niece here to the US?
I am sorry to hear about your situation. Unfortunately, an aunt or uncle CANNOT petition a niece/nephew. Only a U.S. citizen parent, child over 21 or spouse can petition a foreign spouse, child under 21, parent or sibling.
My son was involved in a minor accident. The other driver insurance said they would pay for the repairs but when we picked up the car they denied they where going to pay for it. Now the car repair shop is going after us. Is this leagal?
Of course.
This is what law suits are for. Pay the shop and sue the vehicle driver and owners.
My husbands ex wife is filing papers and is using a photo in her paperwork. The photo is a picture of her son and my 3 year old daughter, which was taken in my husbands and I car. Can she have a picture of my daughter that is a minor in my vehicle? I would like to press charges.
There is no reason why she cannot use the picture. Whether she obtained the picture legally or not is another question.
Can a attorney who represented you in the past represent someone else against you?
Only if the new case is unrelated to the old case.
Charge- possession of marijuana less than 35 grams. Lafayette county. 1 prior same charge, I got a $250 fine for the prior. Charges are in different county. Just wondering what kind of sentence I am looking at? Jail time or fine? I am on probation for a non drug related charge. I talked to my p.o. already. It is my first violation. P.o. Said I would have to do an outpatient rehab class for violation. But I'm only wanting to know about the new charge sentence.
Hire an attorney!!!!
My boyfriend and I have been together for about five years, we have a two year old son together. We have never been married, he signed an AOP in the hospital and is on our son's birth certificate. He has become increasingly more emotionally abusive and possessive since the birth of our son. Do I have the right to take our son and leave him? What rights do I have as the mother and primary care-giver? Would he need to file for rights before I have to let him see our son?
You need to have a personal consultation with a family law attorney. Look on this website and on www.avvo.com.
You have the right to take the child. If he takes the child and won't return him, then I don't know if the police would assist you. Normally what I hear is that the police say it is a civil matter and you need to go to court.
If there are no court orders in place then you are not in contempt of any court order regarding letting him see the child.
Want to take the father of my kids for child support. He said he could fight it because he has a lot of bills and the courts will look at that. He doesn't give me money on a weekly basis. Probably 50 a month. What does the court consider. He also said he will fight for custody. He has access to his children when ever he wants I never denied him his children but he only has a bedroom he rents and sates he doesn't have enough space. I pay for their school medical insurance rent clothes food. He doesn't provide can he get custody.
The court will not care about his bills.
In New York, the law requires that the basic support amount be set as a fixed percentage of combined parental income depending on the number of children requiring support. The required percentages are as follows:
1 child 17%
2 children 25%
3 children 29%
4 children 31%
5 or more children at least 35%
To get a rough idea as to the amount of child support he would be required to provide, you may apply the applicable percentage to about 90% of his gross income. He would also be responsible for a share of any medical expenses for the children that are not covered by insurance.
His threat to petition for custody may be just that--a threat. However, I recommend that you consult with an attorney. If you live in the New York City area please feel free to contact me for a free consultation. I may be reached at (212) 786-7539.
I agree with the above. The court does not consider the bills of the non-custodial parent.
The percentages are as stated above. The formular is gross less fica. I always figure about 92%of gross is used as the basis. But depends upon the fica.
As you can see from my answer and from others, it is pretty standard.
Jeffrey A. Lazroe, Attorney at Law, 37 Franklin Street, Buffalo, New York 14202,
1-716-856-8811
my uncle passed away in 2010 in the State of Georgia
the property is to be split into 3 parts
we have an heir that has been residing in the home
the administrator is just now feb 2014 going to start charging monthly rent can we go back and charge for back rent since they have been residing in home
the electric bill for the home has been coming out of my uncles account so they have been rent and utility free since my uncle passed
And what is your question?
Your uncle died in 2010. What efforts, if any, were made to probate his estate? Was probate necessary? If there was no probate why not?
Why, when your uncle died, were the utilities not terminated and why was the estate still paying for this? If a beneficiary was residing in the home and the home is owned by the beneficiary and others, then the beneficiary should pay rent (2/3rd of the fair market value) or come to some other agreement such as the beneficiary will be solely liable for taxes or something. The rental income should be used to pay for taxes, maintenance, insurance and the net profits would be split among the heirs. This gets really complicated and really the beneficiary who lives in the home should be buying out the shares of the other heirs.
The utilities should be put solely in the name of the beneficiary who lives there. The uncle's estate should not be paying for the utility bills and the estate should seek reimbursement from the free-loader heir.
It sounds like only now has someone been appointed as administrator. I hope this person does what they should have done 3 years ago and at least pays for a consult with a probate lawyer who practices in the county/state where the estate for the uncle is pending.
My name is Richard and I want to know what can I do to see my kids. I pay child support im on ssi and I still pay which I don't mine but I fill I should at least be able to see them what can I do or who can I call. Richard from ca..
More information would be required to specifically address your case. With that being said, you need specific parenting court orders to ensure seeing your children. If you were not married to the mother, you should file and serve a petition for paternity along with a request for order to set custody and visitation.
You can get the necessary forms and help filling them out from the Superior Court on your county.
Our contractor performed shoddy work and hasn't responded to our email in 5 weeks. At what point can we hire someone else to complete the job and not owe the other contractor anything?
You need to give them WRITTEN notice saying they have not returned, they are not responding to phone calls, so unless they contact you immediately, and return w/i 7 days to complete their contract work, they are terminated, and you will hire a contractor to complete their work, and file suit for any and all increases in costs. If they do return, they must work each day until complete, and all work must be completed by (insert date), or you will terminate them, hire a contractor to complete their work, and file suit for any and all increases in costs.
I'd have a contractor you trust, or architect or engineer, look at the work performed to date. You probably do not have enough knowledge and experience to state knowledgeably that the work done is sub-standard. ALWAYS keep in mind, what you FEEL means nothing in court it is what you expected by contract, what was actually done, and what you can document and prove if you think their work is deficient!!! ANY contract work COULD end up in litigation, so from the beginning, put everything in writing!!! Again, PUT EVERYTHING IN WRITING!!! Keep in mind finding contractors to finish a problem job is always more difficult, and usually costs more, in part because they do not know how good the work they are finishing is, what may need to be re-done, etc., and they are always paranoid they will be blamed for what the first contractor did or did not do.
Good luck!
My mother lives in Georgia with my 93 yo grandmother who has a reverse mortgage on her home. She may need to be placed in a nursing home. Can the holder of the reverse mortgage force the sale of the home? And what about the nursing home? Can they force that as well for payment? My mother is not on either the reverse mortgage or the deed to the house.
Reverse mortgages are good and bad. You would have to review the terms, but I think that when the owner of the home has been out of the home for a year, then the reverse mortgage lender either has to be repaid or the home has to be sold.
It does not matter that your mother or siblings are not on the mortgage loan. Why would they be? With a reverse mortgage the bank pays the property owner. However, all good things have to come to an end and when the property owner dies or leaves the residence, the lender wants repaid. So your mother and her siblings are going to have to sit down and decide what is to be done. The problem is that if grandmother is still alive, then your mother and siblings do not own the real property.
Is grandmother mentally competent? Why is grandmother in a nursing home? Will she ever be able to return home again? Is grandmother on Medicaid If not, how is she paying for the nursing home? What is the home worthy? How much money has been paid out by the reverse mortgage lender and was it a lump sum or in monthly installments? Will this continue?
This will dictate what is done. If grandmother is not on Medicaid and will not be applying for Medicaid in the next 5 years, the thing to do would be to "sell" the home to your mother and/or her siblings and let them get a new regular mortgage (if they do not have the money) and pay off the reverse mortgage lender. This would work if they want to keep the home. If the equity value is such that there is a lot of equity and if grandmother will not be coming back home, then the home should be sold and the reverse mortgage lender repaid.
If the home is worth less than the reverse mortgage owed, grandmother is never coming back home and if the children cannot find a way to pay for the home in 12 months, then the grandmother should consider deeding the home to the reverse mortgage lender at the end of the 12 month period.
If my employer signs a contract that reduces my pay am I entitled to a copy of the contract?
You should get a copy of any contract you sign, when you sign it.
is it legal to video record high school students of both genders during school portrait photography sessions for surveilance reasons by the photographer on a seperate recording device? also, who would be held responsible, the photog, or the company he/she works for?
It's legal to video record. It's not legal to audio record unless the subjects are aware they are being audio recorded or otherwise consent. If the audio recording is illegal, the person who does the recording, not the company, would probably be criminally responsible, though I guess the prosecution could charge the company with a crime as well.
if you are a salaried employee are you entitled to receive pay for your hours over 40
The issue is not salaried or not salaried. It is whether the employee is exempt under the Fair Labor Standards Act. For information on the issue, see http://www.dol.gov/elaws/esa/flsa/screen75.asp
See also: http://info.corbettlaw.net/lawguru.htm
I filed a no contest divorce 2 1/2 months ago. She is dragging feet on figning papers claiming needing protection of her belonging. she moved out 3 months ago. she goes and come when she wants even though house lease is in my name now. claims a lawyer told her she has rights in my house cause her stuff is her. also bringing friends with her and then tries to start a fight and claims she is being bullied and wants her friends to witness it, it's not true. what can i do.
You need to proceed with a contested divorce and set it for Temporary Orders, which will outline who can have access to the house while the case is pending.
I am living in New York State, the mother of my child and I agreed to a visitation arrangement for our child, however, she was not remaining consistent with allowing me to see our daughter as agreed apon, so I filed a petition for visitation through Family Court. Upon finding out that I did so, she has since refused altogether to allow me to see my child until the court makes a ruling, claiming that once I filed, our agreement "became void". Can she do this?
Yes, she can do if it were not court ordered.
See if you can obtain a temporary order for visitation.
Definitely inform the court that you two agreed to visitation beforehand, but she has become vindictive and has refused to allow you to see your daughter.
Most judges won't like the fact that she is using your daughter as pawn.
Also licensed in New York
Married couple has separated; the man has threatened the woman he was going to lie on her & call cps just to get back at her because she will not speak or take him back. He's on parole & is driving without a license or insurance, & keeps calling me & my family. What can I do about this?
CPS gets calls all the time from unhappy relatives. If CPS shows up, tell them what is going on. If you have proof (tape or text) that would be very helpful to your case.
File for divorce and get a temporary restraining order.
It appears you live in the Harris County area. You need to consult with a family law attorney about all of your options.
Look on this website & on www.avvo.com for an attorney.
Good luck!
www.familylaw4u.com
Do you have to serve opposing counsel with a Civil Subpoena Duces Tecum
If you're trying to get documents from his client or another party, you don't need a subpoena. You should use a request for production instead. The original would go to counsel for the party who has the documents. If there are other parties, you would serve their lawyers with copies.
You only need a subpoena if you're seeking materials from a non-party. And yes, you would have to serve a copies of the subpoena on counsel for the other parties.
Yes you have to serve the other parties. Furthermore, if you are requesting "consumer" records, then you have to serve the other party's attorney before serving the subpoena.
Opposing counsel only gets served if the opposing party is a "consumer" who must be given notice. If if is for trial and does not meet that category, it does not have to be served on opposing counsel. If it is for discovery purposes and not trial and there is going to be a deposition, then a deposition notice should be served on opposing counsel. I suggest consulting with an attorney for help with this, as the court would have to issue a subpoena if you are representing yourself and are not an attorney.
My friends and I are buying a condo together. But only 1 person is on the loan and title. Her husband signed waivers that he doesn't have anything to do with the condo. If something happens to my friend, the condo go to her kids?
That depends on exactly how you hold title between you, whether there is or will be community property involved and what her estate planning documents ( ie will or trust) say. This is a far more complex question than you might imagine, and a significant part of it is beyound your control as a co owner. See counsle and prepare a co ownership agreement or form a partnership. By the way, whose name is on the property and the loan? If it is hers, how do you plan to prove you own anything?
..........but your question expressly states that "only one person is on the loan and title.
Based on the husband's signed waiver, it is very doubtful there will be any community-property interest, especially if she pays the loan principal with separate funds, but probably none anyway. If she should pass away, ownership of the condo (or her share of the condo) will pass to her heirs -- not necessarily her kids -- according to her will and/or trust, or if she has neither, as provided in the Probate Code for intestacy (Probate Code sections 6400 et seq.), which would be part to the surviving spouse and part to the kids, the percentages depending on how many kids there are.
Now, a word of caution. When unmarried people buy property together and consider themselves co-owners, but record title is held by fewer than all of them, there is considerable room for misunderstandings, disputes and lawsuits. It is possible, although it's an uphill battle, to prove in court that you are indeed a co-owner even though recorded title down at the courthouse doesn't show that fact. I definitely do not recommend becoming a co-owner without having your name, and a clear indication of your percentage interest, and the fact that you are (for example) holding your share of title as a tenant in common, on the deed that is recorded.
In addition, you and the other co-owners should have a written agreement as to many of the other particulars of shared ownership. These may include what periods of time each co-owner may use the property, and/or which rooms; who pays the taxes and insurance; whether a co-owner may sell his or her part interest; how you'll decide when to undertake major repairs or additions; how disputes will be settled; and so on.
Finally, if there is a homeowners' association, be sure that the ownership and use arrangements you have in mind are consistent with their rules.
Whoever is on title is the owner. On that person's death, the property is disposed of by any trust, will, or by intestate rules to her heirs. Anyone else claiming an interest would have to litigate expensively to try to establish a right to any part of the proceeds. Also, the owner on title can sell, transfer, mortgage, etc. without your consent.
Meaning no offense, but this is the dumbest thing you could do regarding property 'ownership'. I suggest you hire an attorney to structure this situation properly with contracts and title documents that protect the participants.
If serious about hiring counsel to help in this feel free to contact me. .
When bringing "Contempt of Court" charge and we go to the scheduled hearing, will the Judge just dismiss the contempt charge if it does not meet the requirements or will he just continue it? Also, in an "Agreement" how do I prove that a specific date of payment was agreed to but when the Respondent's Attorney wrote it up in a short form and did not put the specific date (even though I kept telling her I wanted the date included) she did not put the date in and now says her client doesn't have to pay me by a specific date and he could pay me at the end of the month instead of the beginning? Last two (2) months he paid on the 6th and before that 03/31/2014 instead of 04/03/2014 at the latest.
The court will not continue the matter if it finds that the elements of contempt are not met. Are you still wasting time trying to hold someone in contempt of an agreement?
I am in Illinois. I got an offer letter that states 1)"It is our pleasure to offer you employment with Company XYZ..." 2) It mentions expected work hours. 3) Mentions vacation days. 4) says the word salary and commission and bonus. I was expecting to be an employee getting a W2 but 1 week into the job, they told me I am 1099 and that it would be 3 month trial. Starting 4th ,I would be W2. I am sure they are doing this just to save some money. My question is, am I or they bound to the offer letter?
Your question needs to be answered by an attorney qualified with experience in employment law matters.
An offer letter, without more, is generally not a contract; but there are many exceptions.
Also, you mention that the company is treating you as a "1099" worker pending some sort of trial period. Need more info, but unless you are working through a staffing agency, this arrangement is most likely not in compliance with IL law.
What does: "You Contract Time EXPIRED on xx/xx/2014."
"Contract Time" means the time between the date of commencement and the required date of completion. When the Contract Time expires, if the work is not substantially complete, then the contractor is in breach of contract. What the remedies are for that breach depends on many factors. But if the contractor does not have a good excuse for late completion, then it's a breach of contract and a suit may result.
A person obtained LPR status through marriage to his US citizen wife. However he was still married to his first wife in his country of citizenship, thus making the second marriage void.
This person was then deported as an LPR due to an aggravated felony conviction. He has since divorced the first wife and has legally married his current wife (a USC) who will be petitioning him.
They have been told that an LPR deported for an aggravated felony cannot apply for any hardship waivers, but since he was not truly an LPR we assume he will be able to apply because he was technically a nonresident. The deportation took place in 2004. We would like to know if we're looking at things properly and any help would be appreciated. Thanks in advance for your time.
Please call me at (212) 968-8600. Regards, RDM
What happens in the instance that your attorney does not come to court to represent you, due to requiring additional monies you don't have the day before a contempt trail? Is there a continuance of the trail while you obtain other council?
Well you can move for a continuance but it does not have to be granted.
If under contract a party requires a part made using one of their molds but does not deliver the old mold to the company by the agreed date thus delaying the process of the seller making a new mold, is the seller responsible for making a new model in breach of contract even though it was the responsibility of the buyer to deliver the old mold in order for the new mold to be made by the seller?
if the delivery of the old mold is a prerequisite of the Seller making a new mold then the obligation of the Seller cannot begin until the mold is delivered. What does the contract say if says must be delivered by a certain date and not delivered by that date that may void the contract if no date is specified then in a reasonable period is implied. if the mold was received in a reasonable amount of time obligation may still exist. All this depends on an interpretation of the terms of the contract or if not provided then under applicable rules of interpretation. I suggest you review the facts and contract with an attorney to get a more through opinion of how the facts apply to your situation.
in March 2011 I paid one month rent and a month in advance, the next year there was no renewal of lease but I paid each and every month until Sept 2014 I didn't paid rent. I moved on the 3rd but didn't have time to clean apt. what can the landlord do?
A tenant has many responsibilities when renting, regardless of whether the agreement is for a year or month-to-month. Tenants must: pay the rent on time, keep the apartment and surrounding areas clean and in good condition, keep noise to a level that will not disturb your neighbors, repair any damage to the apartment that was the fault of the tenant, alert the landlord immediately of any necessary repairs to the property, leave the apartment in the same condition as when the tenant moved in, and give the landlord proper advance notice before moving out.
You have not specified how you left the apartment, besides stating that you did not have time to clean. To ensure that your security deposit is returned a tenant is recommended to clean the apartment and repair all damage caused by the tenant prior to leaving. A landlord is entitled to keep some or all of the security deposit if the property damage is other than normal wear and tear, there are major or more than ordinary cleaning costs required because the apartment was left in an unsanitary condition, and if the tenant did not pay rent. Generally, if you left the apartment in decent conditions but simply did not have time to clean it, a landlord can only deduct cleaning costs from your security deposit.
If you have any further questions please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected]/* */
I received a being under the influence of a controlled substance citation, will this be a dui charge just because i was walking and had no keys on me. i have 4 prior duis . i am not on probation. what am i looking at? thank you
No. It won't be a DUI.
You're looking at a misdemeanor charge that can carry a minimum of 90 days days in jail and would violate your probation. Time for a good lawyer.
Without knowing what code section was charged, I cannot answer your question.
Re-ask the question:
I'm gay and new resident in the USA since 2 months. I have boyfriend in Turkey.His nationality is Turkish. He's going to come to the USA and want to be legal resident here. My question is: Can he take the resident permit after we get married here in the STATES ? by the way,I asked this question before 1 day and you have replied to me asking me about my visa, my current visa is (I-94) I came as a refugee. I will take the green card after 10 months. so, if it's possible for him to be a resident legally after getting married, is it work before I take the green card ? or I should take the green card first , marry and submit for the resident permit for him ..? I'm Iraqi and live in Seattle WA.
I really will be thankful and grateful for you if you answer me with some details.
If you marry in a State that recognizes gay marriage, and you are married before you file for adjustment of status (form I-485), then your spouse should be able to apply with you, as your derivative beneficiary.
Keep in mind that your prospective spouse must have a legal entry AND remain in legal, non-immigrant visa status up until the time you (& he) are eligible to file for adjustment. So, if he enters as a visitor & his B-2 visa expires a few months before you are eligible to file for adjustment, then he will be ineligible to file with you.
Now, if you wait until you are a Legal Permanent Resident to file an I-130 petition on his behalf, you have to take into consideration the processing time on the I-130 & the backlog until he would be eligible to file for adjustment. During that time, he would either need to remain abroad or maintain a legal, non-immigrant visa status.
The only way your spouse would be able to overstay a visa & still adjust status is if you were a U.S. citizen.
I hope this information is helpful & I wish you two the best of luck! Feel free to contact me if you have any questions or need further assistance.
Thank you.
What does "affidavit of interest" mean? This was filed under my name at the Seminole County Court House.
Thank you.
Some shorthand for whatever document was filed. Do you know the actual document? That is what matters, not the name give to it by the clerk's office. This phrase could mean many different things in and of itself.
I own 10% of a company that has been in existence since August of 2012. I do not feel very comfortable that I am being told the accurate information regarding the company's financials. I want to know what I can do. I just want to see the tax documents showing all the financials. So that I can feel more comfortable that I am being open and honest with. Is this something that I need a lawyer for?
The answer depends upon the type of organization/company in which you hold a minority interest. Is it a proprietorship, partnership, LLC or corporation? In most cases, an owner has the right to review/audit the books and records of the company, at reasonable times and places. If the those in control refuse to give you the information that you seek, then you should retain an attorney to get you access to the information. If they are not giving you information, then it sounds like they have something to hide and you need legal advice.
Can someone who has parkinson's sign a will. And if so, can they disinherit someone (i.e. their son)? They can talk (hard to understand), walk, and understand what they want to do (with the will). Can they sign the doc and disinherit a family member?
So long as a person has "testamentary capacity," he or she can sign a will. You say the person in question has difficulty speaking, or at least being readily understood. That is not an issue. Testamentary capacity refers to the ability to know and understand the nature and extent of one's bounty -- that is, the person is familiar with the extent of his or her assets and appears to have an appropriate understanding of what one wishes to happen to one's assets. When a person is suffering from a disease that impairs various functions, it is usually wise to take certain extra (and special) precautions in the drafting and execution of the will. This is all the more true where the person wishes to disinherit a family member who would otherwise either be (1) a person whom one would naturally assume the testator wishes to benefit and/or (2) a person who is a distributee (one who would share in the estate if there were no will). Since the testator wishes to leave out his or her son, you can pretty much expect a good possibility of a probate challenge later on and the testator will be well advised to consult with an attorney and make sure that the will is as "bulletproof" as possible. There are several ways in which this can be accomplished.
Yes, if done properly.
If you are doing your divorce prose and you ask someone to type up your papers can they charge you a typing fee.
This is not a legal question.
Why can't they.
You are asking someone to work!! How come you want someone to work for you for free??!!
Where in the CA Ed. Code are the rights of adjunct community college professors outlined? ... anything except the health care issue. Thanks so much for any response(s).
Interesting question. I am not aware of anything in the code expressly addressing adjuncts. Usually, these are specific to the university and are negotiated contractually between the adjunct and the department administration. (Incidentally, I have been involved in contract negotiations as a staff association representative for sessional/contract professions, but never for adjuncts. The assumption we made was that adjuncts were more short term with specific tasks, such as supervision of one or two grad students. I have been appointed as an adjunct myself, and I had this limited role.)
I received a lawsuit filed by a tenant in one of my rental properties. the tenant is claiming damage to personal items during a sewage back up which was determined to be caused by her pouring large amounts of grease in the pipes. the lawsuit names my property management company as defendant and I am not personally named. Is it my responsibility to answer the claim?
If the management company is the only defendant listed in the complaint, then only it has a legal responsibility to respond.
what does: EVIDENCE WORK SHEET HOUSED IN THE VAULT, mean? Thank you.
Nothing to anyone without more information about the case.
Not enough information to answer.
can i be sued for negligence on my part if i am not able to carry out md treatment order. i am therapist who has a client with a pacemaker. md ordered electrical stimulation for client to facilitate movement on wrist. although i am certified to do the stimulation, in my years of training, i have known the fact to be that it is contraindicated for pacemaker patients. I have sought discussion boards and the concensus was that it is a no go. My employer and patient wants me to apply it asap and I dont feel comfortable doing the procedure because of lack of knowledge and training on putting stimulation on pacemaker patient. the cardiologist has written a treatment order yesterday and i would like to know what my rights are....
I don't understand what this world has come to. Is your phone broken? Why don't you call the doctor who made the treatment order and discuss your concerns?
Explain your concerns, risks and alternatives to the patient. After you are done explaining put it in writing and have the patient sign that he understands the risks and is willing to accept them. The patient may refuse to sign which will resolve your dilemma.
If you are serious and this is as important as you describe, and you can't resolve it with the prescribing doctor, then document your position and issues in writing to the patient and anyone else involved, advising that you consider it to be improper, and that you can not ethically do the procedure.
I've been with my partner for 8 years same residents we gave a 6 year-old girl together recently I suffered a massive heart attack and once I came home it seemed like she wanted me to move out I spent everything I have into our house which is in her name she went to the courts to serve me a eviction yesterday what can I do so I don't loose everything I worked so hard for and my little girl who I love so much?
Not enough information for a recommendation except you need to speak with a local family law attorney ASAP.
You are not married to her and not on the title so best you can do is sue her for the money you put into the house and the increase in market value if any. You have no right to live there.
In a sex offender case in Texas, if the victim becomes legal age while the defendant is on probation, can they talk? Or is there a law that says he can not talk to the victim even with consent?
Sure they can talk! But if it violates a condition of the offender's probation that he/she have "no contact with the victim", the offender may find him or herself arrested and taken into custody. My experience has been that the probationer will be on the express train to TDCJ.
There is no law. The offender AGREED to accept the conditions of probation at the time of his/her plea and sentencing. This is a contract with the state. Violate the terms and conditions of the contract and you will find yourself facing a revocation of probation and a prison sentence. Texas Justice 101.
If a person marries another person can they adopt that persons child even though they are not ten years other than the child?
OCGA 19-8-3 requires that an adoptive parent be at least ten years older than the child.
If your married and have children with the man but now you want a divorce and the husband said he does not want the kids. do you still have to go to court?
If you're married, and you want a divorce, you have to do it through the court, regardless of whether or not you have children.
It appears you live in the Houston area. You can call me for a quick consultation.
If uncontested, I can do the paperwork for you.
www.familylaw4u.com
713-847-6000
