In California, is it necessary to obtain a business license if you only sell digital goods (that you created)? Like if you wrote an eBook an...

Question

In California, is it necessary to obtain a business license if you only sell digital goods (that you created)? Like if you wrote an eBook and sold it exclusively in digital (eBook) form on a website such as Amazon (or your own website), would you need a business license?

Answer

Generally yes. Any person or company conducting business maybe required to obtain a business license from the city in which it operates in, depending on city rules and regulations. In most cases with people selling items online this will be their city of residence unless they maintain a separate office for their business.

I would recommend that you contact the local city office and inquire about their business license requirement.

Best,

Jim

A guy show up at my door and accusing me of breaking his truck antenna and spray painting a part of his truck 2 weeks ago.I did not doe this...

Question

A guy show up at my door and accusing me of breaking his truck antenna and spray painting a part of his truck 2 weeks ago.I did not doe this. However 2 months ago his dog off leash bite my dog. I ended up with a Veterinary of $90. I sent him a certified letter with the bill and asked for a payment. He refused the letter.

I filed off dog off lease charges. He said he paid the fine and I got half of the fine. He started to yell saying he had some one see me do it. He seem full of angry and would not listen to I would say? I told him to leave and he did. What can I do?

Answer

Any other disturbances I would suggest calling the police.

Attorney Michael Kotik, Esq. www.LEGALPHILLY.com 267-265-4553.

If I took out an auto title loan with my pink slip as collateral, and my engine blew out what are my next steps to resolving the loan?

Question

If I took out an auto title loan with my pink slip as collateral, and my engine blew out what are my next steps to resolving the loan?

Answer

Pay it... Just because the engine blew does not absolve you of paying the debt...it's secured wit collateral. Fix the car

Answer

You owe the money regardless of whether or not the car still has any value. Pay the loan and fix the car.

What tax consequences, if any, by bringing inheritance money to the U.S. from abroad?

Question

What tax consequences, if any, by bringing inheritance money to the U.S. from abroad?

Answer

This is not a Family Law question. You need to ask it again, selecting either Taxes and Taxtion or Probate Trusts Wills and Estates as the area of the law, so your question will be routed to attorneys who can answer this type of question.

Can someone retract a divorce case without the other parties involvement and get the case removed from the court? My ex-wife originally file...

Question

Can someone retract a divorce case without the other parties involvement and get the case removed from the court? My ex-wife originally filed for a divorce, which has been lingering for years due to complications. However, slowly we've agreed on child custody, alimony and support, which has been previously filed with the court. Finally, asset division has been agreed upon and I just filed that agreement with the court along with the final judgement forms. But according to her, she has retracted the case. I have not seen any documents stating such, but is that even possible for her to do this after all this time without anything being required from me? If yes, what will happen when my final judgement documents are received by the judge?

Answer

She would have to file a "dismissal" with the court. That would be a "request for dismissal" form, which is a statewide form. You should check with the court to see if it has been dismissed, if not, the court is expecting someone to file a judgment package if you've reached a settlement agreement. See a family law facilitator for more assistance if you cannot afford to consult with an family law attorney.

My daughter maybe getting taken from her mother since I'm her father will I get custody?

Question

My daughter maybe getting taken from her mother since I'm her father will I get custody?

Answer

Maybe, maybe not! I suggest you file your appearance in whatever case is pending in whatever court or agency is threatening to take your daughter away from her mother. Let the court/agency know that you are ready, willing and able to take responsibility for your daughter. A lot will depnd on whether or not you have established your parentage and been a part of your daughter's life already. Good luck.

If I have not been served how long will a small claims case remain open in Florida?

Question

If I have not been served how long will a small claims case remain open in Florida?

Answer

Depends on why you haven't been served.

I was informed by a phone call from the US embassy that I have a conviction record in the state of new york .. and I need to file in the doc...

Question

I was informed by a phone call from the US embassy that I have a conviction record in the state of new york .. and I need to file in the documents for my immigrant visa. the conviction (of Larceny) date is 14 jan 1992. I never lived in the state of New York. Neither I recall any conviction.

Please advice.

Answer

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

I purchased a car with 800 dollars down with a written agreement that I would pay another 1000 in two 500 dollars payments every two weeks ...

Question

I purchased a car with 800 dollars down with a written agreement that I would pay another 1000 in two 500 dollars payments every two weeks; however upon delivery of the car it did not start.the owner told he he would fix it no problem it was minor. Two weeks later he told me he didn't get the car fix because he didn't have the money. At that point I told him fine ill get the car fix myself we will just call it even he agreed and signed the title over to me the same day. Now he is suing me for missed payments even though The title is in my name.

Answer

So...you forgot the part where it didn't cost $1000 to fix it and you didn't get a signed BILL OF SALE.

My home was foreclosed on 1/30/14. Am I able to get a new mortgage on the property?

Question

My home was foreclosed on 1/30/14. Am I able to get a new mortgage on the property?

Answer

I suggest you view the helpful materials at the Minnesota Attorney General website then contact a private attorney for legal counsel as need be. Tricia Dwyer Esq. Minnesota Real Estate Law, Tricia Dwyer Esq & Assoc PLLC

How do you file a response to a statement of claim in magistrate court?

Question

How do you file a response to a statement of claim in magistrate court?

Answer

You draft and mail or deliver it to the clerk on time

My co trustee signed contracts all legal documents that brought a trust property to close of sale then I was threatened with a law suit ...

Question

My co trustee signed contracts & all legal documents that brought a trust property to close of sale & then I was threatened with a law suit & extremely bullied if I did not sign to close the sale.

I spent 475.00 on a real estate attorney to review all documents & was put through living he** by the title company, my co trustee, the buyer & agent (rep. both buyer & seller) to have these documents reviewed. My co trustee went as far as to refuse to release the documents to the attorney at 1st. I had been aware an offer & 1 cost sheet estimate & the co trustee that lives out of state set up DocuSign with the agent & signed all documents without my knowledge. I'm sure legal lines were crossed, I was caused personal damage & the trust put at risk by these actions. What legal recourse do I have?

Answer

As co-trustee, you must act in concert with each other. So, if one refuses to act, there can be no action taken. The trust agreement should provide for you to retain legal counsel and accounting professionals to advise you, at the expense of the trust. If the trust is being put at risk, you are duty bound to take action to protect the trust estate, and you should avail yourself of counsel to perform your duties.

Both parents owned a home togetherdied with no will in place will the home go to their children?

Question

Both parents owned a home together&died with no will in place will the home go to their children?

Answer

It is possible. It all depends on how title was held. If they held the property as joint tenants or tenants by the entirety, the property passed entirely to the last of them to die. So, if the mother died first, the house belonged solely to the father, and vice-versa. Now, if the parents were married to each other or were both unmarried and only had children with each other, then the house would pass to their children, after the settlement of the debts and expenses, including but not limited to final expenses, medicare/medicaid/tax claims, and any other debts the last-to-die had.

It gets a lot more complicated if either parent had children that were not with the other. Or if one parent were married to someone else. Or if the parents did not own the property as joint tenants or tenants by the entirety.

The other issues is: who is probating their estate? The estate definitely needs to be probated if there is property that is not automatically passing to a joint tenant.

Feel free to give me a call or email about these issues (or any others). I would be happy to help. You can reach me at 617-859-8966 or by email at [email protected]/* */ You can even come by, if you wish. I'm right around the corner from Back Bay station.

Answer

Attorney Hemingway's analysis is correct. However, assuming the parents were married and only had children together their assets pass to their children. If a child pre-deceased them and had children (grandchildren) then the grandchildren would take as well.

If you would like further assistance please feel free to contact me at 617.406.4647.

Can an employer give you a drug test on hearsay if your aren't showing any signs of drug use?

Question

Can an employer give you a drug test on hearsay if your aren't showing any signs of drug use?

Answer

Generally, yes.

I'm in CA and filed Chapter 7, which closed before the attorney had a chance to file to have 3 secured liens against my home removed. He the...

Question

I'm in CA and filed Chapter 7, which closed before the attorney had a chance to file to have 3 secured liens against my home removed. He then had to re-open the bk and file Motions to Avoid which I paid him for. Apparently he filed all three liens in the same motion and it was rejected by the court. Now he wants more money for his time and to re-file them individually. My question is as an attorney, shouldn't he have know that these motions needed to be filled individually?

Answer

Different courts have different rules as to what the judge wants to see. Some want them all together for judicial economy, others want them individually.

It seems the same issue applies to all the loans, so perhaps all could have been covered with one fee. However, I do not know enough to be able to formulate an opinion regarding this issue.

How do I go about removing someone name from my deed. legally the name should have been removed.

Question

How do I go about removing someone name from my deed. legally the name should have been removed.

Answer

You have to ask them and they have to sign off on a new deed. If they are not willing to do this, you must sue them.

Answer

To get an adequate answer, you should post your question again giving better background information. As already answered, if the other party is compliant, then you can have a deed prepared for that person to sign transferring their interest to you.

Also, just to be sure that you are not misunderstanding, deeds are not like vehicle titles. You do not get someone off your deed. Instead the series of deeds, mortgages and other documents recorded at the county establish the current status of the title. Again, without knowing the background, everything is speculation, but is it possible when you say that the name already should have been removed that it was, that a deed is on record at the county of which you may just not have a copy?

Finally, just to address another typical misunderstanding, if there is a loan that was taken against the property in multiple names, getting one name "off title," as you say, does not mean that person is off the hook for any loans.

On June 16 I entered into an agreement to sell my house in CT. The house was supposed to close on July 23. That date came and went because t...

Question

On June 16 I entered into an agreement to sell my house in CT. The house was supposed to close on July 23. That date came and went because the buyer was delayed getting financing approved. His agent requested and I approved an extension to July 30. That date came and went for the same reason. They requested another extension to August 7 and I agreed. I indicated to my agent at that time that I wished to notify the buyer that if we did not have a clear to close by August 7 that I wanted my house back on the market August 8 and that if I received an offer before they came to us with a clear to close I was going to accept that offer. The house was relisted on Saturday, August 8 and on Monday August 10 I received a full price offer on the house. I instructed my agent to notify the initial buyer that we had an offer in hand and that if they could not come back with a clear to close by August 13 I was going to accept the new offer. No clear to close was forthcoming, so on the 14th I signed the new agreement. The Agent for the original buyer is now accusing my Agent of wrongdoing, stating that he had a contract with us and it is not legal for me to sign with another buyer while under contract with him. I don't want to keep his down payment or anything like that - I just want him to go away. Meanwhile I am paying daily penalties on a property I purchased in AZ - which I was supposed to pay for when my house in CT closed. The other side was aware of the necessity to close in a timely fashion. Did my agent mess up here? Am I liable for something here??

Answer

I'd have to see the correspondence. There are some magic words that may be dispositive of this issue, but, in general, I think you are off the hook.

What can you do if you have a Public Defender and she wont speak with you and you are about to go to trial and you don't know whats going on...

Question

What can you do if you have a Public Defender and she wont speak with you and you are about to go to trial and you don't know whats going on You call her she wont answer or return calls you email her she wont return emails its been 15 months in jail and been trying to speak with her spoke to her in the beginning 3 times haven't been able to speak with her trial in 2 weeks Help cant afford a lawyer have to have a public defender isn't there something I can do

Answer

You can speak with her supervisor but realistically public defenders are extremely overworked. I am sure she will meet with you before trial but they do not have the time to visit everyone like a private lawyer can.

Are switch blades illegal to ship to VA

Question

Are switch blades illegal to ship to VA

Answer

See Va. Code Sec. 18.2-311 Prohibiting the selling or having in

possession blackjacks, etc.,(with the prohibited items enumerated in this

statute including switchblade knives).

I work for a major corporation. I'm a director with 22 years of high performance reviews. I've just been told my position will be downgraded...

Question

I work for a major corporation. I'm a director with 22 years of high performance reviews. I've just been told my position will be downgraded and I will not receive a severance package if I don't want to stay. For past 2 years, I've worked for a man who has made degrading comments, refused to acknowledge my presence and does not communicate with me. He has made it impossible to do my job. He even gave me a poor performance rating without even talking to me about any issues. Do I have a case for hostile work environment?

Answer

No, not based solely on what you described.

Answer

A hostile environment in itself is not illegal. It's only illegal if the basis for the hostility is an illegal basis:race, color, religion, creed, gender, national origin age (if you're at least 40) disability (if you are qualified for the job), membership in the armed forces.

I am on medicinal marihuana have we both have minor criminal record for marihuana. Both my husband myself are interested in adopting a c...

Question

I am on medicinal marihuana & have we both have minor criminal record for marihuana. Both my husband & myself are interested in adopting a child. With these stipulations, is it possible for us to be eligible to adopt.

Answer

You should not be disqualified just because of this.

You need a lawyer to sit down with you and give you some advice.

I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]/* */

Website: AttorneyRobertDavies.com

AND NOW THE DISCLAIMER:

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

If me and a girl that I new for 4 months had sex when we was drunk and now she clames rape will I be charged

Question

If me and a girl that I new for 4 months had sex when we was drunk and now she clames rape will I be charged

Answer

Its impossible to say. You didn't give any specifics like whether force was used or what age she and you are. For statutory rape, the victim must be under age 17 and the defendant must be 4 or more years older. if force was used then there was a rape. If she was unconscious at the time, and unable to consent, then there was rape. Whether or not she has or will file charges is impossible to say. If you are contacted by an investigating officer, get a lawyer before speaking to the officer.

can you sue someone for posting a nude picture of you on the internet

Question

can you sue someone for posting a nude picture of you on the internet

Answer

Why yes, you can.

This is often called "revenge porn" and is a hotly contested aspect of privacy right now. See VA debate on the topic:

Unlawful dissemination or sale of images of another. Provides that a person is guilty of a Class 1 misdemeanor if he, with the intent to cause substantial emotional distress, disseminates or sells any videotape, photograph, film, or other videographic or still image or reproduction thereof that depicts another person who is totally nude, in a state of undress, or engaged in sexual conduct where such person knows or has reason to know that he is not licensed or privileged to do so and the person depicted suffers substantial emotional distress. This bill was incorporated into HB 326.

In fact, in many instances, it can be deemed illegal and you can prosecute them. However, given the nature of the rather confidential aspect of your case, I'll refrain from going further. Rather, give us a ring and we can discuss how and what is involved with this. 1-800-579-9864.

Can I sue a person for defamation of character in VA? I really need help! My ex husband is ruining my life and is going to cause me to lose ...

Question

Can I sue a person for defamation of character in VA? I really need help! My ex husband is ruining my life and is going to cause me to lose my job

Answer

Of course, you can sue, but since you haven't offered

any relevant facts in support of your defamation claim,

there's no way to evaluate whether your lawsuit might

be successful or not.

My ex boyfriend and I split last month after 3 years. We have been living together for 2 years. When he left, he took my dog. Here's the pro...

Question

My ex boyfriend and I split last month after 3 years. We have been living together for 2 years. When he left, he took my dog. Here's the problem, I was stupid and never registered the dog bit I have proof that I got her from my sister. I had the dog before we dated. But now he registered her under his name the other day and the cops said that I have no rights to her. What can I do now?

Answer

In Ohio, you can file a lawsuit to recover property that was taken from you. You can do this in small claims court.

If there is a family will written by a father that died and left 5 children and one child keeps the will and wont show it to the rest of the...

Question

If there is a family will written by a father that died and left 5 children and one child keeps the will and wont show it to the rest of the sibling, isnt that illegal? will is worth millions of dollars

Answer

A child has the a right under Utah law to see the will of his or her parent. If the child who has the will does not produce the will the other children have the right to go to court to compel him to produce it. If there is a probate already open you can get a copy from the court clerk.

Is it legal for an adult male to share a bedroom with a two year old female in the state of Minnesota?

Question

Is it legal for an adult male to share a bedroom with a two year old female in the state of Minnesota?

Answer

I suggest that if you face such a quandry, phone the local child welfare authority and social service can guide you as to appropriate conduct. Tricia Dwyer Esq.

Answer

It is not illegal and it is not something that would involve child protection, though, depending on the circumstances it may be a parenting issue that can be addressed in family court.

IN the state of SC do the police have to read you your miranda rights if you are arrested at the sight of an accident and did not have insur...

Question

IN the state of SC do the police have to read you your miranda rights if you are arrested at the sight of an accident and did not have insurance and did not cause the accident

Answer

The police are not automatically required to read a person their Miranda rights. The law simply says if a person is arrested nothing they say can be used against him in court unless they've been read Miranda rights.

When you have Court Papers served through the Sheriff's Department, do I need to file my copies of service with the Court or have the Sherif...

Question

When you have Court Papers served through the Sheriff's Department, do I need to file my copies of service with the Court or have the Sheriff's done that?

Answer

Usually the sheriff's deputy does that for you. But different departments may have different rules, so you should double check with the civil process office of the sheriff's department that served your papers.

can I get sued for yelling at a child that was not my own? I was picking up my nephew from school and walked in on a confrontation between t...

Question

can I get sued for yelling at a child that was not my own? I was picking up my nephew from school and walked in on a confrontation between the two boys and stepped in. I did not touch or step toward the other child but I did use an authoritative tone. The principle and teacher said everything was alright and the other parent was talked to and said all was forgiven and the child was ok, but I want to ensure that I have nothing to worry about due to the age we live in.

Answer

How can you be successfully sued if you did not harm anyone?

Does being called from work to appear in court without notice violate your due process?

Question

Does being called from work to appear in court without notice violate your due process?

Answer

Since you chose to not tell us anything about the court case or why you were called with no notice, your question can't be answered.

Y sisters boyfriend's brother wife accused my sister of stealing her husbands game console playstation. When my sister made an agreement ver...

Question

Y sisters boyfriend's brother wife accused my sister of stealing her husbands game console playstation. When my sister made an agreement verbal between the husband & herself that she would replace it out of her own pocket. They both agreed .. However the wife didmr agree she still called the police on her for stealing it even though my sister explained that her 2 yr old broke it . My sister just threw it away, after she attempt to repair it. She was afraid of abuse physical & verbal abuse from her boyfriend who's game console belonged to his younger brother., they all lived in the mom's house. What can she do to stop this? She has.court tomarrow for theift.

Answer

ask for a reset to hire an attorney. don't talk to the District Attorney. In a criminal case, the worst thing you can do is talk to ANYONE about the case without an attorney. Sounds like she has a good chance of getting the case dismissed if all you say is true, however, she is likely to be convicted without an attorney. This is true in all criminal cases. Even if the evidence is likely to result in conviction, she would get a much better plea offer with attorney representation.

good luck

I know that in Personal Injury/Medical Malpractice cases , the Plaintiff is not to state the monetary amount seeking, but what if Plaintiff ...

Question

I know that in Personal Injury/Medical Malpractice cases , the Plaintiff is not to state the monetary amount seeking, but what if Plaintiff states, that: "Jurisdiction is proper because Plaintiff is seeking over $25,000" ? Would that count as a violation to be stricken later on? ....... (because in mandatory Judicial Council Forms, like the CMC statements, there are checkboxes asking Limited (under $25,000) or Unlimited Case (over $25,000))

Answer

If it is a form complaint, checking the box is not subject to a motion to strike. It if was plead in the original long form complaint, it may be construed as improper, and was probably not necessary at all. A motion to strike is made at the outset of a case. You use the term "later on" which I assume to mean before trial. The time period before trial is not the time to be making a motion to strike.

How to evict tenant that has not paid rent for 4 months? Lease agreement is on month to month basis.

Question

How to evict tenant that has not paid rent for 4 months? Lease agreement is on month to month basis.

Answer

So you want the quickest way or the easiest way?

Answer

You need a three day notice to pay or quit and then probably you will need an unlawful detainer action

Answer

The lawful way is to serve the tenant with a proper three day pay or quit notice. When the time runs, you file a complaint in unlawful detainer, and proceed to get a judgment for possession. I advise you to get an attorney. There are attorneys who do these for a flat rate.

My wife's divorce attorney has had a draft settlement agreement for six months. Her attorney is claiming discovery is incomplete over the pr...

Question

My wife's divorce attorney has had a draft settlement agreement for six months. Her attorney is claiming discovery is incomplete over the present value of my military pension. A divorce master wont hear my case until discovery is complete. How long can they stall over the pension valuation?

Answer

As long as your lawyer lets them.

John

Received enforcement hearing notice last week as the respondent along with DOR. The hearing will be in a few days. Unable to travel since I ...

Question

Received enforcement hearing notice last week as the respondent along with DOR. The hearing will be in a few days. Unable to travel since I am out of state. Called court and immediately sent request to be able to call in. They got the request but there was no answer after a week. Follow up call made and told to fax request to another number.

If they do not respond on time then I have to miss hearing. That is unfair.

What are my options?

Responses like, DOR will have my back, or call my office for a consult would not be helpful right now.

Answer

If you are out of state and the receiver of child support track down the hearing officers phone number and fax and file a request to appear by telephone. Go to the clerk web-site to get the number. Contact my office for free consultation 727-446-7659

Answer

What about DOR would you expect to be fair? They are the Gestapo. Call the Hearing Officer direct ASAP.

I was arrested for dui. I've recently had a traumatic brain injury. when given the sfst I was not on level ground and asked to move but was...

Question

I was arrested for dui. I've recently had a traumatic brain injury. when given the sfst I was not on level ground and asked to move but was denied. I warned her of my tbi and how the test light so close was affecting me. I can't focus and do certain things because of my brain injury I continuously made her aware of this but she continued to attempt the tests. I respectfully declined any other tests she offered after telling me I'm going to jail for dui. Wat are my chances of beating this In trial? I can't afford attorney, I can't work because of tbi issues, will public defender be any help?

Answer

These types of cases are the types you can win in court, but you are going to need to have an attorney. Find out what steps you need to take to file an application with the public defender who handles the particular court where you case is pending.

Answer

Your chance of winning a DUI trial in court without a lawyer is pretty similar to your chance of winning a large lottery prize - near zero. Cases with physical impairments are sometimes winnable by an experienced lawyer, so you need counsel. While not all public defenders have that experience, some do. I'd recommend you hire a top DUI lawyer like Bubba Head - his fee may be less than your fine and increased insurance costs. But if you cannot afford a lawyer, at least get a defender.

how to apply for executor of a friend that didn't have a will? also there is a man here from Hawaii claiming he is next of kin but he has no...

Mother death youngest sibling filed petition with court for administrator-- we signed paper before court date. nowill involved. house appra...

Question

Mother death; youngest sibling filed petition with court for administrator-- we signed paper before court date. nowill involved. house appraised at 27000 and 1985 chevy car and some house items. youngest has joint tenancy with check book. how do we find out about annuity and cd's and what was in checking account.. also the dates this came about. legaly what are we entitled to know. no communication with other siblings for last 6-7 mos. help!!!!!!!!!!

Answer

Ask the administrator. You may have signed a waiver of notice, but you did not waive your rights to an inventory and accounting of what's in the estate. You will have to have received this information before the estate can be closed.

My wife and I are going for custody of our kids we are still together and married the children's grandparents were trying to take custody fr...

Question

My wife and I are going for custody of our kids we are still together and married the children's grandparents were trying to take custody from us I was told by my lawyer that even if we are granted custody of our children the judge allow visitation. In the time the grandparents had them they didn't allow us to see the but when ever they felt like it and now we want to move out of the state to avoid further harassment from them would be get into any trouble if we did so?

Answer

You won't get in trouble if you move as long as there is no court order preventing it.

for both my parents my brothers and sister 6 in all are trying to get their living trusts and power of attorneys taken care of. now what a...

Question

for both my parents my brothers and sister 6 in all are trying to get their living trusts and power of attorneys taken care of. now what are the differences between these too and are they both necessary?

Answer

Living trust is a asset distribution plan, created during life, for the future distributuon of assets after death of the trustor or maker of the trust, also known as the settlor of the trust. A power of attorney is created during life, giving another a directional instruction document, as to how you want the management of your financial affairs to be conducted, with specific instructions to the recipient, in the document when to use and how to use; the document authority expires (dies) on the maker's death, leaving the living trust as the operationaldocument authority, if a trust was created; the trust becomes irevocable and non-modifialble on death.

Answer

Victors answer is correct. I would note that a power or attorney can be a dangerous document, in that it allows someone else to take the actions authorized on your behalf. Be very sure you want to do that.. It is interesting to note that the truste of a living trust is not able to sign a power of attorney.

You should engage counsel to assist in these decisions. The living trust is a replacement for your will, in that it directs where assets go at death. It also directs who will manage your assets for you in the case of either death or incapacity. These are issues you should consider carefully, and make sure you understand the options available.

I would not look at this as a do it your self project. It's not like building a dog house where you can see the flaws immediately. You need capable counsel to assure you do things correctly and hold title in the proper manner. If you do not do it correctly , you are quite likely to spend much more trying to fix the problems at the time of a death or incapacity. Unfortunately , when an individual is deceased or incapacitated, it is often to late to fix the problem.

Why do personal injury attorneys require that you go to thier doctor, (a chiropractor) inaddition to your doctors. it just seems like a way ...

Question

Why do personal injury attorneys require that you go to thier doctor, (a chiropractor) in

addition to your doctors. it just seems like a way for this clinic to make money.

Answer

Attorneys know that the doctors they send their clients to frequently deal with persons injured in accidents and are competent to help their clients.

So we moved in here on June 1st 2013 then was told the owner was selling the property. The new owners bought the place on 9/30/2013 but didn...

Question

So we moved in here on June 1st 2013 then was told the owner was selling the property. The new owners bought the place on 9/30/2013 but didn't get a renters license until 12/4/2013. My cousin lives with us and is responsible for 1/4 of the rent. (rent is $1,200 a month) She was applying for emergency assistance or something to pay her portion. Well they wouldn't pay until the landlord got a rental license (we gave them the number to call to get it when we first found out they didn't have one). Finally on 12/24/13 they came to discuss everything (with an interpreter because they don't speak much English) and we made a verbal agreement to pay $300 every week (we get paid on Thursdays), they came back Friday to collect the 1st payment like agreed, gave us a receipt THEN gave us a 30 day notice to move out! Saying we needed to pay for October and November and acting like we were trying to screw them over! Do we owe them rent for the time they didn't have a rental license? And if so, why?

Answer

You probably still owe back rent. But it might depend on the local licensing ordinance. Often times those local licensing ordinances provide a fine or some other penalty against the landlord, but that doesn't get you out of paying the rent that's owed. Perhaps there is a local ordinance that states if they are not licensed, they cannot collect right, so it depends on what the local ordinance says. As to the move out notice, it depends on what your lease says. You should hire an attorney to review your specific situation further.

Answer

Generally, a fine may be imposed by the local government authority for failure to maintain proper licensure. You should secure an attorney so she/he can advise you as to your personal issues. You may contact me. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Tenant Rights Attorney, http://dwyerlawfirm.net

my grandaughter was arrested for secoond degree battery for trying todefend her self from a big 250 lb. man . she was out on bond and had a ...

Question

my grandaughter was arrested for secoond degree battery for trying todefend her self from a big 250 lb. man . she was out on bond and had a court date that she did not get notified off and had moved about thrr weeks before the court date and so she missed the date and just found out from the bondsman that she has an arrest warrant out and the bond was doubled. what can she do?? the court appointed attorney does not seem towant to help her in any way.

Answer

First and foremost, your granddaughter has to contact the Court-Appointed attorney. She should ask questions regarding whether or not he/she can contact the court and get the hearing rescheduled and then find about getting the arrest warrant lifted. If your granddaughter no longer wants to retain the services of the court-appointed attorney, then she will definitely need to get another attorney. It is not a good idea for her to represent herself in this instance. Attorney know the ends and outs of the legal system and are in a better position to maneuver through the process and assist your granddaughter. Good Luck!

I was in a 3 car accident back in June of this yr. I had a difficult time dealing with(person who was at fault) other insurance company. It ...

Question

I was in a 3 car accident back in June of this yr. I had a difficult time dealing with(person who was at fault) other insurance company. It took them 2 months to settle the claim for my car. Oh, and my car was completely totaled by the way. The Girl(person at fault) only had liability. Now I only had liability and I know that having that they always no matter what have to at least pay for the medical bill from the hospital. I had 3 fractured ribs, a bad concussion, and a fractured collar bone. I missed a good amount of work and I was without a vehicle for 2 months. So now 5 months later I get a call and email saying that they want to make me an offer, I thought that everything was said and done. I did not know there was more to this case, probably because they would never answer any of my question and there were always quick to assume that I had lawyer. So when I spoke with the claims adjuster of the phone she said that they were willing to pay the hospital bill because they had got the hospital to reduce the price. But I had to act quickly and sign all the legal documents and have them notorized. So they got the hospital bill down to $12,655.00 and they wanted to pay me $1000.00 for my pain and suffering($1000.00????WTF???). So the legal documents she sent me state that they are paying the $13,655.00 to me and it has my full name. It does not anywhere in the form state that $12,655.00 is going to the hospital bill and only $1000.00 is coming to me. She also stated in the voice message that if I do not hurry up and sign that they will not be able to pay the hospital bill. Don't they have to, Isn't that why we get liability? I am angry and confused and just need some answers to help me. Thanks for listening. -Confused Girl-

Answer

Sound like your case is worth more and depending on your recovery from your injuries maybe quite a bit more. You may have a UIM case. The Ins Co owes past & future wages, med, pain suffering and mental ang, and phy impairment. Rib fx kept you from doing much, are very painful-as you know-and can cause recurrent fut pain. If you told them you are healed, you are prob wrong. Hire a lawyer. They think you will take only a little more. I have tried about 25 Plaintiff cases in last 2 1/2 years and the jury should award you quite a bit more. The Ins Co is arrogant, but they don't like juries. Wonder why. Call me if I can help. R. Gary Stephens (713) 629-1111

My ex husband passed away recently. He has a house n brevard co that is in his name only. We have been reunited for several yrs and I am exe...

Question

My ex husband passed away recently. He has a house n brevard co that is in his name only. We have been reunited for several yrs and I am executor of his will

I understand i have no claim to the house nor do I want it

My question is: can I continue to live in the house without paying the mortgage until the bank goes into forclosure with it

I do not plan to stay there for more than a few months to take care of his things and find a place of my own

If the bank becomes aware of his death, can they immediately seize the house and its contents and leave me out in the street? Or is it relatively safe to continue staying and hope they do nothing for months or perhaps longer

Answer

Seek some actual legal help with your paperwork. You do not have to yield and leave the home without a Court Order. There is no self help for the bank to utilize.

If I have a bench warrant out for me and need to get my id renewed. Can I go to the DOT and not get arrested?

Question

If I have a bench warrant out for me and need to get my id renewed. Can I go to the DOT and not get arrested?

Answer

I can't speak for the DOT but they may check you out and then you know what happens. The best thing for you would be to turn yourself in and settle the matter so you do not have to keep looking over your shoulder.

if I have a warrant in mass how come when I was served with an order of protection in new Hampshire how come they didn't just arrest me?

Question

if I have a warrant in mass how come when I was served with an order of protection in new Hampshire how come they didn't just arrest me?

Answer

Because the warrant was from ma

I own a home in my neighborhood, which is very quiet, we have one neighbor who is a constant public nuisance. The police are constantly cal...

Question

I own a home; in my neighborhood, which is very quiet, we have one neighbor who is a constant public nuisance. The police are constantly called and nothing is done. Several neighbors have gotten together to file complaints with the city attorney but they haven't done anything. This person is stealing from dozens upon dozens of people...mostly bicycles, scooters or yard tools that are in someone's yard. It has been witnessed by several people and yet he is never arrested. He doesn't own the home he lives in. It was his parent's home and both of them have just recently passed. His sister now lives in the home and he appears to live in the garage. The screaming fights that they have are heard up and down the street and happen at least 1-3 times a week. He also threatens to kill any neighbor who happens to be outside while this is going on. I have 3 small children and I worry constantly about them. What can I legally do?

Answer

From your Zip code, looks like Vallejo ...... given the city's financial condition, the city attorney is probably understaffed and overworked, and the police as well. Unfortunately, taking private action, while theoretically possible, would be expensive, time-consuming and possibly dangerous, not to mention perhaps difficult to enforce your judgment. I have two suggestions: (a) renew (or keep up) your pressure on the police and city attorney to take some action, including having personal meetings (with perhaps two or three different neighbor families represented) with the highest officials who'll agree to speak with you. Finally, consider whether you might have another enforceable complaint re housing/zoning violations if someone is living in a garage.

What is the best way to go about filing a request for investigation against a judge who refused to alllow me to respond to allegations made ...

Question

What is the best way to go about filing a request for investigation against a judge who refused to alllow me to respond to allegations made against me in a PPO/Restrain Only she & the Petitioner knew about his allegations. She asked me to confirm an alalegation he had made which I believe was violation of my right not to be treated differently & not to adlmit to anything tht could possibly incrimnate me in any type of hearing. Shedenied my motion to terminater the order, refused to allow me to file a PPO against my accuser & later denied my request for Reconsideration. She denied all of these maters on the same day 2/13/14 but did n't mail me a copy of the Reconsideration denial until 2/2/8/14. She showed a bias against all females that before her, also held us to a higher standard of proofs than she did the males, none of them had to give any proofs, The Prog.Dir. was loud, boisterous & disrespectful. I plan to file a request for an investigation. The Judge never bothered to come out of her chambers to deny my PPO & Reconsideration Request. When i asked the Prog.

dir. why I could not file a PPO against my complanant she said because she said so both she & the ct. officer got in my face. I became fearful for my well-beiing. Especially since they were acting like I was committing a crime by asking questions about my rights. I believe I was denied due process of law denied my constituional rights & discriminated against because of my race, age, gender & I was denied equal opportunity to defend against the vicious lies told by the petitioner. The judge said she didn't have time to listen to my defense she other people to see. She adjourned the ct. after only being on the bench about 45 min to an hour from around 9:30-9:45 until 10:30-1045 until after 2:00 p.m.. Your advice would be very helpful Ph. 734-744-7701

Answer

If you are still within the time period to appeal the judge's decisions, you should consider doing so. I have personally had a judge's decision in a PPO case reversed in the Michigan Court of Appeals. That judge refused to allow me to present an effective defense for my client. You can read more at:

www.AggressiveCriminalDefense.com

We plan on filing joint uncontested. I can't find but copies of the Separation Agreement, one is from Middlesex county, one from Hamden coun...

Question

We plan on filing joint uncontested. I can't find but copies of the Separation Agreement, one is from Middlesex county, one from Hamden county. I live in Worcester County. Probate clerk told me I could get one online. Can I use these two to draft up my own, or does it need to be an official state form.

Answer

It does not have to be an official state form, you can draft your own.

Answer

There really is no generally accepted form for use.

I strongly advise you draw up your own agreement, perhaps using any of the Court's forms as templates. Technically, there is no required form or exact wording which you must use, and you are free to draft your own.

However, your best bet would be to draft an agreement that works for the two of you and take it to an attorney to draft. You want your agreement to be in a form which will be acceptable to the Court and which doesn't cause unforeseen and unintended problems down the road. People doing this on their own usually fail to address all of the various financial aspects that need to be addressed, including credit card debts, mortgages, auto loans, and other items which can cause problems later if not addressed properly.

You want to know everything has been reviewed, and know that you will breeze through your uncontested hearing before a judge with no issues, no embarrassment, and without having to come back to supplement or fix a form.

If the two of you are in agreement, you have already done the hard work!

Answer

While there may be a format for Separation Agreements, there is no state form and as such you can draft your own. Just make sure you cover all the necessary things, like alimony, child support and retirement funds and property being distributed to each party.

I recently had a house fire. I have a boyfriend who lives with me and was told none of his property is covered because he is not on the home...

Question

I recently had a house fire. I have a boyfriend who lives with me and was told none of his property is covered because he is not on the homeowners policy is this accurate? And secondly since he has nothing to do with the policy can I hire him to pack and move things that are not destroyed? Should I hire a lawyer to help me settle the claim because I believe they are snowballing the estimates for repair thank you

Answer

It may be correct that your boyfriend's property is not covered. Only a reading of the policy will tell. It is best to hire an independent person to move things rather than your boyfriend. IT wouldn't hurt to have an attorney review your situation, especially the policy language, to see if you are being treated fairly.

What happens if I get taken to court for a loan repayment?

Question

What happens if I get taken to court for a loan repayment?

Answer

You need to consult with a debt collection defense or bankruptcy attorney in your area. The answer tot his question is far to individualized and expansive for this forum.

I have a Green Card (resident of New Jersey) but I am currently in the UK for work (on a work assignment from the US). I have been in the UK...

Question

I have a Green Card (resident of New Jersey) but I am currently in the UK for work (on a work assignment from the US). I have been in the UK for about 2 weeks and will be here for another 2 weeks before returning to the US. I, however, just realized that my Green Card had expired about 6 months ago and never noticed it until now. My question are: (1). Will I have any difficulty re-entering the US in 2 weeks (I am a citizen of Japan and have my Japanese passport with me so I think I qualify for visa-free entry)? (2). Will I have any difficulty renewing my Green Card once I'm back in the US? Thank you in advance for your response.

Answer

You might try talking to the U.S. Embassy in the UK about filing a application to renew your green card before traveling back to the U.S. which may avoid the problems you will face when you re-enter the U.S.

You will need to bring proof of where you have been permanently (domicile) living with you to the Embassy and Customs when you re-enter the U.S.

Do not attempt to enter the U.S. on a the passport waiver program to avoid problems because this will make the situation even worst.

Consult with an immigration attorney to help you with the process before acting on this information.

Answer

You will have difficulty entering the U.S, with an expired greencard & you should contact the U.S. Embassy immediately about getting it extended before you attempt to return.

My ex and I have an amended court order from when we lived about 300 miles apart. I moved to be near my son and have been living near him ov...

Question

My ex and I have an amended court order from when we lived about 300 miles apart. I moved to be near my son and have been living near him over 2 years. We never changed the court order and my ex and I worked together. However, she is now denying me any extra time, any holidays, and any other time besides the first and third weekend of every month. I am going to file to change the parenting plan, and I am simply asking that I be able to have what Florida law recommends (Every other weekend, shared holidays, one afternoon a week, and time during the summer). However, our original order is in Georgia. We have all been living in Florida for over 2 years and child support is automatically taken from my paycheck through Florida. Does Florida have jurisdiction, or do I have to file all the paperwork to have it transferred to Florida? What are my chances of being granted the time I am seeking based on the recommended parenting guidelines? I am hoping to get this done as soon as possible so I can start having more time with my son.

Answer

If the child has lived in Florida over 181 days you file a Petition to Domesticate the Georgia decree, include what you are asking the Florida Judge to do.

Answer

You have to transfer the judgment here in FL then petition the court to modify the Order. Your chances are good. Use of a lawyer is recommended.

In the state of Tennessee if I was adopted as a baby do I have any rights to my biological father's estate if my "sister" recorded a quit cl...

Question

In the state of Tennessee if I was adopted as a baby do I have any rights to my biological father's estate if my "sister" recorded a quit claim deed 3 days before his death giving everything to her. His wish was to divide equally and I have no knowlege of a will. Do I have any rights. He and I had a close relationship.

Answer

If you are an adopted child you'll have the same rights as biological children. If there is no will you may seek to set aside the quit claim deed if you can establish undue influence on your father. I'd encourage you to seek out an attorney immediately.

While you may be able to set aside the deed if it is in the sister, you may be in a different circumstance if she goes and borrows money on it or sells the property to a third party. Time is not on your side. Move now.

My husband is the grantee in a life estates reserved, one of the grantors (grandmother died) the other grantor is the grandfather still livi...

Question

My husband is the grantee in a life estates reserved, one of the grantors (grandmother died) the other grantor is the grandfather still living. Does my husband own half of the property and what rights does he have?

Answer

assuming what you have described is something like

grantors are grandmother & grandfather

and grantees are your husband with life estate reserved for grandmother and grandfather.

since grandmother is dead her share would pass to your husband but your husband is still a remainderman as grandfather is still living. your husband does not own 1/2 the property. he is not a co-tenant, he is a remainderman.

as to rights, your husband has very little. he only has the rights of a remainderman not a co-tenant.

a life tenant (here grandfather) has exclusive right to use the property until he dies or conveys away his life estate - either to your husband or someone else.

the life tenant has an obligation to maintain the property, pay taxes and insurance. the life tenant has the right to profit from the property.

when the grandfather dies, then the life estate will be extinguished and your husband will own the property absolutely.

if the life tenant commits waste (like not paying property taxes or repairing the property) then your husband could be bring an action against the grandfather.

So 2 weeks ago I put in my 2-weeks notice for leaving my job. I was under the impression that I would be paid my final wages on my last day,...

Question

So 2 weeks ago I put in my 2-weeks notice for leaving my job. I was under the impression that I would be paid my final wages on my last day, which was today. However, when I asked my boss about it, he said I am supposed to get paid on the 8th (our payday), and that only if someone quits is when they get paid immediately. However, I researched it online, and from what I gathered, it says that as long as I have at least 72 hours notice of my leaving that I should be paid on my last day. How true is this?

Answer

You are completely right. And they owe a waiting penalty of a days pay for every day until they pay you.

Csn you sell a home with someone listed as a lifetime tenant

Question

Csn you sell a home with someone listed as a lifetime tenant

Answer

Yes but usually only an investor or speculator will buy at a very reduced price.

Answer

Sure, but who would buy?

my home is in foreclosure. An order of notice was just posted in the newspaper. the mortgage is in my name and my husband's name. We became ...

Question

my home is in foreclosure. An order of notice was just posted in the newspaper. the mortgage is in my name and my husband's name. We became separated in 2013 and he filed a quit claim deed and changed his address with the post office. Green Tree Servicing holds my mortgage and said I can file for a modification. If I file a modification with just my income, I will qualify. Do I have to add husband's financial information to the modification? He hasn't lived with me for over a year.

Answer

I have worked with a client in a similar position, although that client was not married to her co-owner.

If you would like to contact our office for a consultation, I would be happy to discuss your options. Generally, your husband is going to need to deed his interest in the property to you before they will be willing to consider a modification based on your income only.

I have commercial real estate under LLC. We are three members of LLC, I have 45 share and person B has 45 and person C has 10.Now person ...

Question

I have commercial real estate under LLC. We are three members of LLC, I have 45% share and person B has 45% and person C has 10%.

Now person B and person C wants to sell the property in future without letting me know. Is there a way that I can put some kind of flag/hold/trigger/stop on the deed when they try to transfer.

Property is deeded to an LLC. I do not want to get into the situation where I am left with the option to just sue person B and C. I want that this should not happen to begin with.

In other words can they sell without my consent.

How do I put hold/stop/lien or something that should shot them from transferring.

Answer

Without reading your operating agreement no one can advise you adequately. I suggest you set-up a meeting with an attorney. Under the terms of most LLC operating agreements they would have to notify before taking action even if they have the voting authority to sell.

Once the attorney reviews the operating agreement and gets all the facts, he should be able to give you your options.

Answer

Thanks for your question.

Your concern is understandable. As Attorney Roth points out, the rights and remedies of each of the members is laid out in the operating agreement. You should take your LLC's operating agreement to an attorney to review it and explore your options.

my husband recently signed power of attorney over to my cousin we are not married but are still together in a relationship I however did not...

Question

my husband recently signed power of attorney over to my cousin we are not married but are still together in a relationship I however did not sign the power of attorney does that make any kind of a difference? while being investigated by cps. a few weeks ago cps decided to close their case while still my kids resided with my cousin, now my cousin is seeking full custody and child support - how is this even possible? I never gave my parental rights up nor was I stripped of my parental rights. I do not have much money, I plan to represent myself. what forms do I need to file?

Answer

You need to find an attorney in your county to help you. Look on this website and www.avvo.com for help.

You should be "served" with legal papers. You need to file a document called "Answer" with the court basically stating that you don't agree. Make 3 copies - keep one & send one to the person (or the attorney). Get a file stamped copy of the document to show that you filed it. You can go and read the court's file in the courtroom since it's public information.

There are forms in the Texas Family Practice Manual that most attorneys use. These are the master forms and you need to modify them to suit your case. Look in a law library for this set for form books. I also recommend reading the Texas Family Code.

You really need an attorney.

can you get a lawyer just to lift a bench warrant

Question

can you get a lawyer just to lift a bench warrant

Answer

Yes. That is allowed. In fact, with a criminal case the rules allow someone to hire an attorney for any one aspect of the case.

Most people hire a new lawyer to just take over the case when there is a bench warrant. Its often the quickest and most efficient way of resolving the case. Usually its the cheapest way of getting everything resolved as well.

But all cases vary and quite possibly just handling the bench warrant is in the client's best interest.

Robert J. Johnston 843-473-2213

My grandmother died in December of 2013 and left will to her kids,my father died of August of 2014 and my mother is died in 2000 and I'm onl...

Question

My grandmother died in December of 2013 and left will to her kids,my father died of August of 2014 and my mother is died in 2000 and I'm only child my father have and my aunt still my dad part of the will,and I'm trying to get his part of will that belong to him.my grand mother left money and the house to her kids,be in the will she said to divide among the kids,the money and the house among 6 kids and my aunt haven did any thing I'm trying to get my dad part of the will cause have being spending money and not letting us know what going on about anything.we have try to communitate with her,she get very angry.please help!!!!

Answer

You need to first take a deep breath and calm down. Where did grandmother live at the time of her death? NC or elsewhere? Was an estate ever probated for your grandmother and if so, who is the personal representative? Where did your father live at the time of his death? Did your father have a will? If so, who is his personal representative? Although your mother is deceased did your father remarry and was his wife alive at the time of his death?

The way things will go down is like this in general barring any other provisions in the documents - grandmother left all to her children, which included your father. Since he died much after grandmother, your father's share of grandmother's estate will be paid to your father's estate and disbursed as per his will if he had one. If he did not, you indicate that your mother predeceased your father, I assume your father was a widower and not remarried at the time of his death. In such case, since you are the sole heir of your father, you would inherit from your father and any inheritance would include your father's portion from your grandmother.

I would take the wills (if your father had one), a list of all the heirs//beneficiaries under your grandmother's will and father's will and a list of all known assets and debts of both your father and grandmother. Take to a probate attorney (or attorneys if there are different states or counties within a state) and pay the attorney(s) to review all of the information. If there is an estate probated then get a copy of the court file in each case so the attorney can review what has been done. If there is no court file, then this brings up another set of questions/problems. Are there probate assets justifying probate?

Depending on what the probate lawyer finds out, he may be able to contact the lawyer for your grandmother's estate (if any) or the personal representative directly. If the personal representative fails to respond then the lawyer can file a petition to have her removed. All this costs money of course, but if we are dealing with sizeable estates then it may justify the cost.

My mother passed away on May 03,2014, before she passed her jewelry was stolen and she had some water damage in one of her bedrooms from her...

Question

My mother passed away on May 03,2014, before she passed her jewelry was stolen and she had some water damage in one of her bedrooms from her cooler, so I made a claim on her homeowners policy. I am executor, POA, trustee of her estate. The insurance paid me two different checks and put them in her name, (I just received them Sept 10), and none of the banks will cash them even though I am POA and have death certificates, they say I need to have insurance make checks payable to the estate of, but the insurance says they won't do it, it needs to remain in my mothers name, What do I do now?

Answer

I am sorry for your loss.

Your POA terminated on your mother's death. Your are the trustee of her estate and need to open an estate trust account. You should then be able to deposit the checks into that account. If not, the insurance company will need to re-issue the checks to you as trustee of the trust.

Answer

If you haven't filed for probate (if, for example, her estate is worth under $150,000 and isn't subject to probate in the courts) then if your mother still has a bank account in her name, you should be able to endorse the back of each check "for deposit only" with her account number and deposit the checks that way.

My mother was in a minor car accident last year where she was at fault. The other party is threatening to file a lawsuit against her if the ...

Question

My mother was in a minor car accident last year where she was at fault. The other party is threatening to file a lawsuit against her if the insurance company does not give her the settlement she is seeking for medical bills. The amount she is seeking is half of what our maximum policy is. If she goes forward with the lawsuit, will we be responsible for the amount she is seeking? Even though we are insured? Can it just be taken out of our bank account without our knowledge?

Answer

If your mother fully complies with her insurance policy requirements, then her insurance company should defend her in a lawsuit. If your mother loses at trial, the insurance company will be liable for any amount up to the policy limits. If your mother is served with a lawsuit, it is VERY important that she IMMEDIATELY notifies the insurance company IN WRITING, and asks for a defense.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

I was arrested and my miranda rights weren't read to me, should I call the police station to tell them this or wait for my court date?

Question

I was arrested and my miranda rights weren't read to me, should I call the police station to tell them this or wait for my court date?

Answer

You should hire a lawyer before you go anywhere or say anything to anyone. Call me at 732/773/2768 to discuss.

Answer

I am in your area. Please feel free to call me. 315-370-2608

Www.saulhsegan.com

Don't do anything until you talk to me.

A postal worker tripped and fell on my property while delivering mail. Can she sue me for damages?

Question

A postal worker tripped and fell on my property while delivering mail. Can she sue me for damages?

Answer

She can file a lawsuit. Whether she can win depends on why she fell and whether or not you were negligent.

Answer

Yes. Owners and occupiers of land (you) owe a duty to all visitors to protect them from hazards associated with the property. This isn't a strict liability situation - you are liable if you failed to act with the skill and care of a reasonable person with ordinary prudence.

Answer

Was it your fault why she fell? If so, yes.

im classified as a witness in a case but facts have indicated that i am have committed at least 3 offenses that can be considered misdemeano...

Question

im classified as a witness in a case but facts have indicated that i am have committed at least 3 offenses that can be considered misdemeanors. if i become a suspect in a case and found guilty would i have 3 misdemeanors?

Answer

You must not talk to anyone in law enforcement or anyone from either the District Attorney's office or the US attorney's office without having an attorney present. If you are approached by anyone say you want an attorney. Better yet, retain an attorney and have the attorney take care of it. You may well be able to handle it without getting a record. But you will need an attorney as soon as possible.

Return of Deposit for Florida Residential Lease:The Florida statute says "landlord shall have 30 days to give the tenant written notice by c...

Question

Return of Deposit for Florida Residential Lease:

The Florida statute says "landlord shall have 30 days to give the tenant written notice by certified mail" if they plan on returning less than the full deposit amount.

My question is does the letter need to be postmarked by the 30th day or does the tenant need to receive the letter by the 30th day?

Answer

postmark by the 30th day

I would like to pay my 2nd child's mother support but I already pay my first child's mother. Can I reduce the 1rst child's support and give ...

Question

I would like to pay my 2nd child's mother support but I already pay my first child's mother. Can I reduce the 1rst child's support and give equal to the 2nd child?

Answer

If you have a court ordered child support order than you can't just reduce the order to pay for another child. When you establish the order for the second child they will factor in that you pay for the first child. Once you have paid for the second child for sometime, you can try and modify the first child's order to reflect that you also pay for the second child.

If they are both court (or csea) established orders in ohio then it is highly unlikely that the orders will be the same amount. Child Support in Ohio is determined through a calculation worksheet that takes multiple factors into consideration.

an accident happened two years ago with me and my husband he hit someone he was in the wrong but no damages were done to the persons car who...

Question

an accident happened two years ago with me and my husband he hit someone he was in the wrong but no damages were done to the persons car whom he hit but our car had a lot of damage but two years later he was served with papers being sued for 8000 police report was filed but no paramedics were needed at all what should we do now ?

Answer

Report the claim to your liability insurance company.

I could not pay back an unsecured loan what actions can be taken against me

Question

I could not pay back an unsecured loan what actions can be taken against me

Answer

You can be sued for non-payment of the debt (assuming this is not a payday loan - different rules apply if it is). If the creditor recovers a judgment, the creditor can try to collect on the judgment. While there is no wage garnishment in PA, there is no exemption for motor vehicles, land, personal property or bank accounts. So your money and assets may be at risk depending on how titled.

If you only recently defaulted, I would use this time wisely to start building a war chest of funds. When you have approximately 50% of the debt saved up, you can try to settle the debt if you have not been sued.

How much is owed? Is this your only debt? If you have a lot of other dischargeable debts (over $10,000), you might want to consider filing bankruptcy if you can file a chapter 7. If you have to file a chapter 13, that would mean that you make too much income or have too many assets or are behind on your house which brings up other issues. There are other alternatives to bankruptcy but whether these would be right in your case depends on your circumstances - your sources of income and your assets.

I suggest that you get a consult with a bankruptcy or consumer debt attorney to find out what you have. I charge reasonable rate for phone consultations and purely email consults (no document review) are free. Please contact me at [email protected]/* */ if interested.

I went to jail for defending myself when my mother came into my yard and assaulted me. While there cps came and took my 6 yr. old, their fi...

Question

I went to jail for defending myself when my mother came into my yard and assaulted me. While there cps came and took my 6 yr. old, their findings state due to neglectful supervision. I did what I thought I should have done. I walked my girl to the truck to leave when she showed up and when we opened passenger door my Mon was already on driver side and broke the driver side window out. So I picked up my daughter, took her back inside and told her not to go to any windows, nor to open the door mommy would be back in to get her so we could leave. Then locked her inside and went to help get my mother out of my yard that had no trespassing signs post because of her to keep her out of my yard. As soon as we were able to get the truck free from her reach I ran inside grabbed my girl up ran as nd got in the truck and we went to the neighbors that have 2 children there and more that do not live there but visit. Anyway as soon as I got there I called 911 and asked them to watch my daughter and I went back as soon as law arrived so I did not get int trouble for leaving the scene. How else was I supposed to go about something like that and now it has turned into a really really big messed up ordeal that I am suffering from plus my little girl who is now staying with ny sister that is also giving me a hard times in just trying to come visit with my daughter.

Answer

You need to hire a lawyer that handles CPS cases.

You have to follow the CPS parenting plan that they have created for you. Plus, they can modify it any time they want.

I understand that a contractor can take a customer to small claims court for failure to pay a contracted job. Can the contractor file a poli...

Question

I understand that a contractor can take a customer to small claims court for failure to pay a contracted job. Can the contractor file a police report for stealing, since they refuse to pay for work that was agreed upon?

Answer

It is a civil matter not a criminal one. That is not to say that criminal implications cannot be made if the facts presented supported that. For example, if you were among a whole host a contractors that provided services and went unpaid and it appears that the principals of the business enriched themselves the police and DA's office can certainly make it a criminal matter.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

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

An attempt to elevate a civil matter to a criminal proceeding is unlikely to get far. Not only are the police far too busy with serious (violent) crime to become involved in attempts to paste a criminal veneer on a civil suit, the attempt (probably) would founder in court since the element of criminal intent (probably) cannot be shown and proven.

Answer

It is highly unlikely that law enforcement would be interested in a case like this. Payment disputes with contractors rarely involve any type of criminal intent: inability to pay, poor quality workmanship, change order disputes, etc. It is nearly impossible to prove beyond a reasonable doubt that someone entered into a contract and specifically intended to obtain the "theft" of the contractor's service.

Small claims court is probably the quickest and most economical options for a situation like this.

Just bought a house and found that the floor of the shower area in the bathroom is leaky. The water leaks out to the outside of the bathroom...

Question

Just bought a house and found that the floor of the shower area in the bathroom is leaky. The water leaks out to the outside of the bathroom and soils the carpet. Plumbers came and said a shower pan and membrane are missing when it was build. There are some stain on the carpet outside of the bathroom. When I confront the previous owner (he didn't build the bathroom), he said he knew nothing about it. Can I sue him for the cost of fixing the leakage?

Answer

The answer to your question depends upon whether the problem you described was discoverable by you (or an inspector you hired) during the period between the signing of the purchase contract and settlement. It is hard to believe that the prior owner was not aware of this problem, especially since you were able to discover it almost immediately after taking occupancy. Presumably you noticed or could have noticed water stains on the carpet during your pre-settlement inspections, but the question is should that have alerted you or your inspector to the cause of the stains. If not, this is known as a latent defect, and you could bring a suit against the prior owner for the cost of rectifying the problem. However, be aware that these are not easy cases, and you have to weigh the costs of litigation against the cost of repairing the problem.

I have a question regarding unpaid wages and jurisdiction. I work in Pennsylvania for a media company that is based in Louisiana, I get my p...

Question

I have a question regarding unpaid wages and jurisdiction. I work in Pennsylvania for a media company that is based in Louisiana, I get my pay in Pennsylvania and pay taxes in Pennsylvania. Which state would I have to file an unpaid wages lawsuit in?

Answer

You can sue the employer in PA if they have a presence in PA - an office or warehouse.

HOW would I SUE a business, person or other entity?

Question

HOW would I SUE a business, person or other entity?

Answer

Sue for what?

Visitation order in place for father for every other wknd and every Tuesday. I have full legal and physical custody. He had not seen our tak...

Question

Visitation order in place for father for every other wknd and every Tuesday. I have full legal and physical custody. He had not seen our taken our dtr for his visitations in two months. He more plans to take her this wknd because he knows we have plans this wknd and he is only doing it to spite me. Can I refuse to let him take her?

Answer

The attorney assisting you will want to know fuller details of the issues. I urge you to confer privately with an experienced family law attorney so she can advise you and help you in your aims of ensuring your child's best interest. Tricia Dwyer Esq Minnesota Child Custody - Parenting Time Attorneys Tricia Dwyer Esq & Assoc PLLC ph 612-296-9666 Minnesota Family Law Mediator Former MN Parenting Time Expeditor Former MN Rule 114 Qualified Neutral

A partner and I are planning a large convention where we will be collecting money from attendees from ticket sales. All money collected will...

Question

A partner and I are planning a large convention where we will be collecting money from attendees from ticket sales. All money collected will pay expenses, and anything remaining after expenses will be donated to charity. There will be no profit, and there are no paid employees. All staff is volunteer. I'm assuming we need to create a separate entity to 'host' the event, so that we don't have to claim any of the income individually. What type of business do we register for so that neither of us is responsible to paying taxes on any of the money collected? Do we qualify as non-profit?

Answer

Your question is far beyond a website. See a business lawyer to set you up based on many, many more details.

I'm a tenant at will, can a landlord ask for a security deposit after 8 months of already living their, In MA.Also if i decided to move, can...

Question

I'm a tenant at will, can a landlord ask for a security deposit after 8 months of already living their, In MA.

Also if i decided to move, can he require a security deposit upon moving, This new landlord took over i have no written agreements. But he has made these statements to me!

Any help would be thankful ; )

Answer

A new landlord has the right to ask for a security deposit and you have the right to decline and move. He cannot require a security deposit as a condition of your being able to move out.

For medicaid purposes, I was advised to establish an Income Trust. The DPA states I can create any number of Inter Vivos trusts. My question...

Question

For medicaid purposes, I was advised to establish an Income Trust. The DPA states I can create any number of Inter Vivos trusts. My question is: is an income trust an inter vivos trust?

Answer

Yes. You have to establish the qualified income trust to qualify for Medicaid, and the inter vivos trust clause will work. Its really a bank account, or a legal fiction, that permits qualification. Inter Vivos means "during life."

My grandson had been living with me for the last four years and I had power of attorney at the time. The mother and moms aunt decided to pos...

Question

My grandson had been living with me for the last four years and I had power of attorney at the time. The mother and moms aunt decided to post an amber alert on face book with my full name and my husbands along with a picture of my grandson. I've now been given guardianship and I want to know what recourse I have for the fake amber alert that was posted and shared many times.

Answer

What are your damages? If you don't have any then there is nothing to sue for.

if the hot water tank leaks so bad that it causes damage to my property,is landlord liable?

Question

if the hot water tank leaks so bad that it causes damage to my property,is landlord liable?

Answer

Generally, yes. Unless the Tenant failed to inform the landlord in a reasonable time after discovering the problem and the delay caused additonal damage; otherwise the water heater and its maintenance are the responsibility of the landlord.

Good Luck.

can a principal of a school stop me from removing my child

Question

can a principal of a school stop me from removing my child

Answer

It all depends on the circumstances. Please provide more information.

Are you the custodial parent?

Why did you decide to take your child out of school?

Did you give the school notice?

What was the reason the principal stated for refusing to allow you to take your child out of school?

Have there been problems before in taking your child?

Also licensed and practicing in Maryland.

I want to start a member association. Do all member associations have to be nonprofits or can they be formed using another business model? I...

Question

I want to start a member association. Do all member associations have to be nonprofits or can they be formed using another business model? I want to own the association, which I know isn't possible with a nonprofit organization.

Answer

I know of know GENERAL legal barrier to forming a "members association" whatever that exactly means in this context as a profit making entity.

If you want my help, this is the type of thing I do.

I would need more information to particularize my advice.

This is not an acceptance of representation or an offering of individual legal advice, merely a response to a general inquiry.

steven frankoff 281 704 6740/ [email protected]/* */

Re: Citizen's Arrest and Trespassing/Refusing to Leave in CA I was placed under citizen's arrest by my boyfriend for "trespassing/refusing t...

Question

Re: Citizen's Arrest and Trespassing/Refusing to Leave in CA

I was placed under citizen's arrest by my boyfriend for "trespassing/refusing to

leave". I was informed of this by the police who subsequently cuffed me and took me to jail. After many hours, I was booked and released. I have questions regarding the legality of the arrest itself, if the charges can be dropped, how the arrest with show on my record, if the case can be dismissed, and if necessary, how to expunge the arrest and charge from my record. The details are as follows:

I had spent the night with my on again/off again boyfriend as an invited guest

at his house. In the morning he woke me up saying he had to leave and told me to get out. I started to gather my things and get dressed. We argued, and I was not setting any land speed records, but I was packing to leave.

After about 5 mins he called the police saying I "refused to leave". He has done this on numerous occasions. Usually, I am able to get out of the house before they arrive. I always sit in my car, which is parked on the street, and wait for them. I never wanted it to look like I was running away or avoiding them. I wasn't guilty of anything; he was simply using the police to intimidate me into leaving him alone because he was pissed off and didn't want to return my things. The cops were there several times before and always just told me to leave, which I did. They were always on his side as he called to complain and it was his house.

This time, having been woken up from a dead sleep and having to get dressed and gather my stuff, I was not able to get out of the house before the police arrived. They

actually were there withing about 7 minutes. They were familiar enough with the situation and they saw that I was packing. They said they would "give me a few minutes". They watched me as I frantically searched for my clothes to get dressed. I told them I wanted to leave. It was obvious that i was NOT "refusing to leave".

I guess I was taking too long. After 10 mins I was putting on my last shoe and

ready to go when they told me "it's too late. You're under arrest" and said that he signed a citizens arrest! I told them I was tying my shoe and I was ready to leave. They said, "too bad" and I was told to turn around so they could cuff me. I would have left willingly with them! There was NO NEED for handcuffs! (or do they cuff anyone who is arrested?)

Wearing my one high heel shoe (they would not let me take it off or put the other shoe on) I was grabbed, hauled out to the squad car, taken to jail, and finally booked and released. They had cuffed me so tight that it was EXCEEDINGLY painful, esp if my wrists would move in the cuffs as I was moved around. I asked them several times to loosen the cuffs, but they refused. Upon booking, I finally got an officer to agree to loosen the cuffs. As I turned around, I heard her gasp. She took the cuffs off and I saw that my wrists were cut and bleeding with the blood running down my hands and fingers. (significant bruising showed over the next few days.) At NO POINT did i resist arrest or fight the officers. I was also never read any rights.

My boyfriend said he never requested this citizen's arrest but was told that if he wanted the police to "do anything about the situation" he had to sign for a citizens arrest. He is willing to help me as he did not want me to go to jail, etc - he just wanted me to leave.

Can he drop the charges and if so, how? Can he rescind the arrest and if so, how? If it's possible for him to undo any of this, would it still show as an arrest on my record?

I have a clean record; not even a speeding ticket to my name. Assuming there is

nothing that can be done on his part to drop all of this, how should I proceed? Can I have this dismissed and if so, how? Can the arrest be expunged from my record and if so, how? I have a court date in a few weeks, but what can/should I do NOW?

Again, I was not refusing to leave" at any point. The charge is for "trespassing/refusing to leave".

Thank you. Your response is appreciated! RM in CA

Answer

What you can do right now is interview lawyers. Most criminal defense lawyers will give you a free initial consultation. Retain a lawyer with whom you are comfortable and who is willing to talk to the DA about not charging the case.

Good luck.

Answer

The only way to get an arrest off your record is with a petition for factual innocence. You cannot take any sort of deal for this to happen, so you absolutely need an attorney. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

If a girl 15 yo slaps a boy 16 yo across the face is this assault? Battery? what if she broke dental cement and the repair on a fake tooth b...

Question

If a girl 15 yo slaps a boy 16 yo across the face is this assault? Battery? what if she broke dental cement and the repair on a fake tooth broke off (numerous hockey accidents)?

Answer

It is simple assault, the injury if deemed serious could make it a felony assault

i'm a kin of my father and someone/my mother brought civil charges that i don't deserve to inherite a house and she didn't give me a court w...

Question

i'm a kin of my father and someone/my mother brought civil charges that i don't deserve to inherite a house and she didn't give me a court warrant for me to appear in court.unfortunately in this case a judge has been entering an order for me to bring a medical for mental check up at phcatric hospital without even me appearing at court,and my properties has been terminated,freezed .Do you think a judge can do such a thing under constitutional law?If no do you think i should be able to fire a judge filing a complaint?when i asked the court to give me a charge document or warrant they're not willing until the court date march 20,2014

Answer

Yes, and, no, (you will not be able "to fire a judge (by) filing a complaint")

You need to obtain the services of a competent attorney ASAP who handles

probate matters in the Commonwealth in order to ensure that your interests are

properly represented in the pending matter described.

I purchased a lawn mower on my Lowe's credit card for my grandfather who died. his son took the lawn mower. but I want it back how do I go a...

Question

I purchased a lawn mower on my Lowe's credit card for my grandfather who died. his son took the lawn mower. but I want it back how do I go about getting the lawn mower from his son if I have a receipt. My grandfather put everything he wanted to go in will. The personal property wasn't in the will. So the kids decided they would give everything back to the person's who purchased it. I received everything back but the lawn mower. My uncle ask my aunt who still lives in my grandfather's house for my grandfather's keys. Then he took all the keys including lawn mower key. If my Lowe's statement and receipt has only my name on it how do I get it back or how do I make he give it back to my aunt who was life with the home?

Answer

You could file what's called a Warrant in Detinue in the clerk's office of your

local general district court (civil division) for the return of what you believe

to be your personal property (the lawn mower) and if such return is not

possible (for whatever reason) then in the alternative you could ask the court to enter a judgment in your favor against (your uncle?) for the fair market value of this mower at the time it was taken.

However, notwithstanding all of the above, you would be well advised to bear in mind that just because the "kids decided to give everything back" that was not in the will to the persons such as yourself who had purchased these items, doesn't necessarily prove that in fact this mower was not a gift which your grandfather verbally made to his son before he passed from this life (my opinion).

Hi, im a 20yo male, I work in a building and there are no private restrooms, only public, and at lunch time i usually go for the one with le...

are police negligent if they do not use reasonable care with ones personal property when making arrest, and personal property is lost.

Question

are police negligent if they do not use reasonable care with ones personal property when making arrest, and personal property is lost.

Answer

Yes

Do we need a lawyer to get items stolen from our house? We know who stole them.

Question

Do we need a lawyer to get items stolen from our house? We know who stole them.

Answer

If you want to get them back using the civil system, I suggest a lawyer. You have posted in criminal law category, so it is not clear whether or not criminal charges have been filed by the district attorney against those who stole from you. If so, the prosecutor should have an idea of when you can get your items back, especially if they have been seized as evidence.

my ex has requested for his child support amount to be reviewed. The only reason he doesn't work and earn money is because he is too lazy to...

Question

my ex has requested for his child support amount to be reviewed. The only reason he doesn't work and earn money is because he is too lazy to do so yet he blames it on him having diabetes. He will work under the table for cash, he even attempted to start "his own business". He is capable of working. My question is, can I fight this? Thank you

Answer

Of course, You can contest his Motion. You'll probably do better having your attorney contest it for you. They can bring evidence to show, ( possibly the type you described,) to show the Court that is correct in imputing income to him.

Good luck

Answer

Yes you can litigate. You will need to hire a lawyer. You may contact me. For a free telephone consultation, contact me. directly.

I am trying to obtain a refund for a service agreement I purchased from an automobile dealership. The deal was that if there were no claims ...

I want to file for no-fault divorce in Philadelphia. The County Clerk's office provides a form that has only one count: "dissolution of marr...

Question

I want to file for no-fault divorce in Philadelphia. The County Clerk's office provides a form that has only one count: "dissolution of marriage" with a provision that the parties have NOT entered into a written agreement as to distribution of marital property, custody, etc. In fact we HAVE a written agreement. Can this form be simply re-written to include, as Count 2: "Request for the Approval of Any Settlement Agreement and Incorporation Therof into Divorce Decree" ??? I just want those two counts and no more. And if so, do i have to obtain the form from some special place or can I just type it out myself?

Answer

You are better off getting a lawyer. It does NOT have to cost a fortune.

www.saulhsegan.com

215-370-2608

Why would I be asked to sign a Consent to Independent Administration and Waiver of Notice if I've been disinherited in my mother's will? It ...

Question

Why would I be asked to sign a Consent to Independent Administration and Waiver of Notice if I've been disinherited in my mother's will? It states that I consent to independent administration of the estate by and waives:

1. notice of hearing on the petition

2. notice of rights to require formal proof of the will and to contest the admission or denial of admission of the will to probate

3. notice of rights in independent administration

Answer

As an heir (not necessarily a beneficiary as is seemingly the case), you have rights and standing to contest the appointment of the executor.

Answer

The law protects your rights as an heir. While someone can disinherit you, as appears to be the case, you must be put on notice that they are having this will admitted so that if you have any proper challenges to it, you can make them. For example, you can try to make a case that your mother was not competent to make a will at the time she did so or that someone was able to exert too much influence in her decisions. If it is unlikely that you have and can make a challenge stick, then your signing these forms will help those involved handle things more efficiently. The process of getting these forms helps reduce the court docket and the overall cost of probate. If you do not sign the forms, they will proceed a different route and you will receive different notices. If you feel there is a concern with the will, then you should get an attorney's opinion whether a challenge is worthwhile (before you sign anything).

If I get married to a guy who pays child support .We will have to pay more based both our incomes or just his?

Question

If I get married to a guy who pays child support .We will have to pay more based both our incomes or just his?

Answer

Just his. However, if you file joint tax returns or have joint bank accounts then his ex will know how much you make since all this sort of joint information is discoverable in a lawsuit. If you don't want anyone to know your financial situation, then keep everything separate. If you need help, talk to a family law attorney in your county.

My mother has been deceased for 10 years and her home was left to me. However, the house is still in her name, what do I need to do in order...

Question

My mother has been deceased for 10 years and her home was left to me. However, the house is still in her name, what do I need to do in order to put it in my name?

Answer

You will most likely have to open a probate estate during the course of which the property can be transferred to you. Consult with a local probate and estate planning attorney.

I was arrested( i do not know if it is called arrest or not , as i was not put behind bars) as my friend was driving car with an expired dri...

I have full custody of my child, is it okay that I didn't tell my child's father that I moved out of town?

Question

I have full custody of my child, is it okay that I didn't tell my child's father that I moved out of town?

Answer

Further details need to be known. Since you felt the need to post your issue on a general legal information website, I urge you to have an attorney review the legal order and advise you. All the best. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Family Law Attorney, Minnesota Child Custody & Parenting Time Attorney, Minnesota Family Law Mediator, http://dwyerlawfirm.net

Answer

I am afraid that there is insufficient information to respond. You should discuss your matter with counsel in person. For a consultation call 612-240-8005.

A coworker (HR) discussed w her husband, also a coworker (Safety and Security), the fact that a third coworker (teacher ) was on workmens co...

Question

A coworker (HR) discussed w her husband, also a coworker (Safety and Security), the fact that a third coworker (teacher ) was on workmens comp. the husband them went and had a discussion w a fourth coworker (teacher) about her not even volunteering while on workmens comp. the 4th coworker in turn told two other workers about this conversation and now we are all wondering if there has been some violation of privacy by the HR person. Yes? No?

Answer

Academically, perhaps. How was the teacher harmed? Why does it matter?

I own a property that is rented in Hunt County that has a mortgage. I want to transfer the deed from me to an LLC that I am managing partner...

Question

I own a property that is rented in Hunt County that has a mortgage. I want to transfer the deed from me to an LLC that I am managing partner. What type of deed transfer do I need? General, Special or Quitclaim?

Will this type of deed also work in Dallas County to transfer property from my wife to the same LLC? This property has no liens.

Answer

Yes, you would transfer your interest through a general warranty deed, either in Dallas County or Hunt County.

I need an attorney pro bono. I live in Woodstock, Ga. (45 mins N. of Atl.) I have searched and tried to get some help, with no success. I ha...

Question

I need an attorney pro bono. I live in Woodstock, Ga. (45 mins N. of Atl.)

I have searched and tried to get some help, with no success. I have only made things worse by going pro si.

I am a single father with two girls 6 & 10. If I don't have a lawyer to speak for me and my girls. I will lose them after 3 years of hard work. I am willing to do as much or the running, filling paper work w/the Clerk of the Court and anything else to help. I also can trade out Home Remodeling work.

I know cash talks and everything else walks. I am trying to save my daughters well being and future.

Answer

You won't find attorneys pro bono online, as attorneys rely on agencies to screeen cases where a person, because of poverty is indigent. That means call Georgia Legal Services and the Atlanta Lawyers Volunteer Foundation. Your county bar may also have a panel. Note that if you are working you probably will have to pay for a lawyer. This is a time when you do what you have to do - since you say you do home remodeling - one project would pay the retainer. Or use your credit cards, borrow on your home, or borrow from family. If push comes to shove, mow all the yards in your area and clean the gutters. Be aware that every day you are pro se you hurt your case.

I filed bankruptcy in 2000 and I did not reaffirm my loan on my house which I was not a where of. I called my mortgage company last Friday t...

Question

I filed bankruptcy in 2000 and I did not reaffirm my loan on my house which I was not a where of. I called my mortgage company last Friday to try to refinance my loan when I was told I had to have my loan reaffirmed before they would even consider helping me. My question is can I just walk away from the house and loan without them coming after me. I don't live in it anymore and have moved out of the area and it is sitting empty. I don't want to make payments on it anymore.

Answer

Yes you can. That's one of the benefits of failing to re-affirm. http://www.superdebtbuster.com

Thank you Attorney Marlene Hemmings for yuor answer to my question .I now know thata pending I-130 has no effect on a visitors visa but I di...

Question

Thank you Attorney Marlene Hemmings for yuor answer to my question .I now know that

a pending I-130 has no effect on a visitors visa but I did not understand if it has an effect on a student visa and an H-1B VISA can my son still apply for one of these if he has a pending I-130. without affecting it? Thank you again for your help I 'm very grateful .

Answer

Since an I-130 petition can always be denied or revoked, it is not necessarily "immigrant intent" for a person to have one pending while applying for a non-immigrant visa. Also, one can have "dual intent" with an H-1B. I would only see immigrant intent if the beneficiary was married to a U.S. citizen, but trying to enter on a non-immigrant visa.

Please let me know if you require assistance in the future.

Much luck to you son.

Answer

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

My son went to a public school that his father and I agreed to send him to last year. This year he went behind my back and his common law wi...

Question

My son went to a public school that his father and I agreed to send him to last year. This year he went behind my back and his common law wife and him registered him to a private school. I do not agree with private school and do not want my son attending a private school. We are going to go to court on this matter but in the mean time where do I send my son to school so I do not commit a contempt of court. I have filed a contempt of court on his father already for this matter because we have joint custody

Answer

That depends in part on your current orders. Who is designated as the primary residential parent for statutory purposes? Generally, the tie-breaker in this scenario is that whomever is designated as the primary residential parent has the ability to put the child in the school in her/his district. If both schools are in the same district, this may not work as well. The other relevant factor you've mentioned here is that if you want him to attend the same school he attended last year, that is a safe choice for now. Effectively, your son's father is asking that the status quo be changed. It is generally safe to preserve the status quo while the dispute is being heard through the court. Please remember that this is a very general answer based on very few facts and should not be treated as legal advice. To know for certain that you are within your rights, you should consult an experienced family law attorney who can discuss all of the details of your situation and help you decide what your best course of action is.

On July 31,2014 I filed a chapter 7 bankruptcy. On Aug 1,2014 as I was leaving work I fell in the parking lot and broke my ankle. There is n...

Question

On July 31,2014 I filed a chapter 7 bankruptcy. On Aug 1,2014 as I was leaving work I fell in the parking lot and broke my ankle. There is no workers comp case because my employer does not carry workers comp. I am no longer employed there. My insurance co wants to know if I will be filing a claim/lawsuit against my former employer.As of yet I have not decided what to do..If it comes down to having to file a claim how will this affect the bankruptcy ? Thanks

Answer

Certainly worth talking to a lawyer about. Not sure if your former employer is the owner of the parking lot property. Take pictures now of any pavement defect that might have contributed to the trip and fall. VTY, M. E. Zuller

is there a statue of limitation for 2nd mortgage collection on property that have been taken/reclaimed by the bank? If so what is the limita...

Question

is there a statue of limitation for 2nd mortgage collection on property that have been taken/reclaimed by the bank? If so what is the limitation in NY?

Answer

Your question cannot be answered in its present form. When you indicate "2nd," do you mean collection on a "2nd mortgage" or a 2nd attempt at collection by the bank on a first mortgage? Please clarify and one of us may be better able to assist you.

do you have to go to court to be removed as executor of the estate when the estate has no money or property

Question

do you have to go to court to be removed as executor of the estate when the estate has no money or property

Answer

If you are a court appointed executor, the estate should be closed through the court system. If there were no court proceeding initiated, and thus no order issued appointing an executor, nothing need be done if there are no assets requiring a court proceeding to distribute. The decedent's will should be filed with the clerk of the court of the county in which the decedent resided. This is a legal requirement independent of whether there will be a probate.

Can i operate a shuttle car service without a Taxi permit in the city of salem, oregon?

Question

Can i operate a shuttle car service without a Taxi permit in the city of salem, oregon?

Answer

No.

If a charge is dropped from a misdemeanor to a violation and fines have been paid but one of the conditions of the 1yr discharge is to compl...

Question

If a charge is dropped from a misdemeanor to a violation and fines have been paid but one of the conditions of the 1yr discharge is to comply with a drug program what happens if you don't comply but I never get in trouble again can I then be charged with the misdemeanor.

Answer

Assuming it was not a conditional plea and you only plead guilty to the violation you face up to 15 days in jail if the DA files a violation of conditional discharge against you.

I have a 4 year old with my exboyfried. He is an ex because of physical abuse toward me. I have had 4 restraining orders against him since t...

Question

I have a 4 year old with my exboyfried. He is an ex because of physical abuse toward me. I have had 4 restraining orders against him since the birth of our son. They have expired because my son and I have not seen him in 3 years. He is contacting me now for overnight visitation with his son at his mothers house where her he now lives . He states he was in jail for 3 years. My family was able to look up his arrest record(s) and found out that he has a history of arrest for violence dating back as far as 1993. In one record the court ordered him to start anti- psychotic medications after attacking a peace officer.

I want him to give up his rights as a parent. I am still in shock as to some of the violence he has committed in the past against people who cared about him (14 arrest records). I will not place my son in danger.

How should I proceed in light that Illinois does favor a father's rights to see his child. I want his parental rights terminated.

Answer

Go get a new order of protection. He doesn't have to have done anything recently. It sounds like his overall conduct has placed you in fear and apprehension and you've demonstrated that by having previously obtained OOP against him. Go to 555 Harrison and talk to the people there.