I purchased and lawn mower for my grandfather who died. his son took the lawn mower but I want it back how do I go about getting the lawn mo...

Question

I purchased and lawn mower 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

Answer

So, this receipt that you claim you have somewhere shows that this lawn mower was merely a loan to your grandfather and not in fact given to him as a gift?

Assuming that such is not the case, grandfather's son would be entitled to

keep the mower if he's a proper beneficiary under your grandfather's will (or if there be none), then the state's inheritance laws (my opinion).

What if you are in the area of a break in and are on surveillance camara but have done nothing. You are accused of attempted breaking and en...

Question

What if you are in the area of a break in and are on surveillance camara but have done nothing. You are accused of attempted breaking and entering.

Answer

If you just happened to be there, you would be acquitted. If the person(s) who broke in are acquaintances of yours, it may be difficult to convince a jury that you just "happened" to be there at the same time they just happened to burglarize a building. if you were there to help them, you could be convicted.

Me and my two sisters and a niece were left my mothers estate in a will after she passed. We each were left different percentages. After my ...

Question

Me and my two sisters and a niece were left my mothers estate in a will after she passed. We each were left different percentages. After my moms death we did not probate her estate. Since then the niece has passed away and she left a debt owed to Medicaid. Now the deceased niece has a commissioner over her estate trying to take my mothers home even though my mother is still named on the deed. I live in the home and have lived in the home for 46years. In my mothers will it does not state specific items of her estate to be given to whom, it just has what percentage each person should get. Can Medicaid take my home to satisfy the nieces bill? Also after my moms death I was left in the home to live, take care of, and pay the property taxes

My sisters took all of my mothers personal items and anything they considered to be of value and hr bank accounts.

Answer

Not probating your mother's estate was a big mistake. Your post indicates that the niece and you and your siblings were all entitled to a percentage of your mother's estate. You will have to go back and figure out what the estate of your mother was worth on the date of your mother's death and pay the niece's estate the niece's share assuming that all the time limits are met and there are no statute of limitations issues.

You do not indicate when your mother died so I don't know if probate of your mother's estate is possible or necessary at this juncture.

I don't know how your sisters could take the money in the bank accounts unless these were joint checking accounts with their names on it.

Regarding the house, I don't know what it was worth as of the date of death, if it was encumbered by a mortgage and how much of the house you were entitled to. You are not entitled to 100% of the home.

This is such a mess. You will need to do what you should have done when your mother died and go and see a probate attorney who practices in the county where your mother lived prior to her death. Maybe the attorney can help you figure out what the niece's share of the house was worth, minus her share of the taxes and upkeep, and Medicaid will let you pay the niece's share to the niece's estate.

You then should get your sister's to do a quitclaim deed of their share of the home and get the home in your name if that is possible.

My wife recently received a notice in the mail from a collections agency regarding automobile. She never purchased/signed for the vehicle, h...

Question

My wife recently received a notice in the mail from a collections agency regarding automobile. She never purchased/signed for the vehicle, her ex-husband fraudulently used her information to get the auto. Is there anything that can be done?

Answer

Much can be done. She will need to consult with a debt collection defense attorney.

Answer

I agree with Mr. Love. Law enforcement needs to be notified, and written disputes made with the collector, the creditor, and all 3 credit reporting agencies.

Answer

I agree with Attorneys Love and Coleman. I write only to expound on what they said.

Your wife needs to file an identity theft police report. There is a good fact sheet at www.privacyrights.org on identity theft - fact sheet 17a.

Was this done after your wife was divorced or before? It may make a difference, but this is a car so it may different than a credit card. i know clients with credit cards had the creditors claim that they are liable even if the debt was procured by fraud

Once your wife gets a copy of the police report, she needs to write a letter to the collection agency and advise that she is not liable and that this was caused by fraud/identity theft of her ex-husband. She needs to include a copy of the police report. The debt collector may also want her to fill out a fraud affidavit which she will have to do and have notarized.

It will then be up to the creditor to pursue criminal charges against the ex-husband.

If she is not willing to go this route then she is going to be liable for the vehicle. As an alternative, if she can persuade the ex-husband to take responsibility the creditor/debt collector may let her off the hook. However, my guess is that the ex-husband will not. But the decision has to be your wife's - most people do not want ex-spouses to go to jail.

The only other thing she could do is dispute the debt and deny liability, but if she does not do the fraud affidavit then the creditor can still try to sue your wife and this will still be on your wife's credit.

I am currently contracted to build a custom home. Three weeks before completion I have been told to leave the job. Do I risk job abandonment...

Question

I am currently contracted to build a custom home. Three weeks before completion I have been told to leave the job. Do I risk job abandonment. What are my rights?

Answer

You don't risk job abandonment if you have the order to leave the job in writing in clear unequivocal language. An owner has the right to throw a contractor off their property at any time. It may be a breach of contract. It may give the contractor the right to sue the owner, but the owner is never obligated to have someone work on their property if they don't want them to. So as long as you have proof the owner had thrown you off the job, you can rely on that and then decide what your next steps will be.

As for, "What are my rights?" that is impossibly too broad a question to answer in an internet Q&A. It depends on the terms of your contract, the course of construction and the reasons if any the owner wants to throw you off the job, also whether you take appropriate steps to preserve lien rights, etc.

Answer

No, this is not job abandonment. This sounds more like a contract issue than anything; you can sue under contract law.

does a person have to sign a provisional order, pertaining to assets, such as property insurance and taxes. for the rest of his life.

Question

does a person have to sign a provisional order, pertaining to assets, such as property insurance and taxes. for the rest of his life.

Answer

You are going to have to ask a better question. What do you mean by a "provisional order"? Why couldn't it ever be changed? Who demanded that such an "order" be signed? Try again.

i am being charged with theft of service after i had made arrangements with rent to own place to pick up property on oct 1 they never showed...

Question

i am being charged with theft of service after i had made arrangements with rent to own place to pick up property on oct 1 they never showed up until oct 11 i get a call from an investigator which i made arrangements again for them to be at my house by 4pm cause i had to leave to work at 430pm. i left to work at 430 cause no one showed up. on oct 14 i called my local law enforcement to contact investigator from the other city to see what was going on and to contact rent to own place to pick up property. rent to own place piced up property and 10 minutes later investigator came and arrested me with no warrant didnt read my rights and lied that company came at 4pm cause he had confirmed with my local law enforcement who was called out. i called my local law enforcement after i was bailed out on oct 15 and they confirmed they were called out on oct 11 at 420pm. what can i do to fight this case.

Answer

If you were arrested, the cop had a warrant. You only need your rights read to you if you are subjected to custodial interrogation. The result of the failure to read your rights is that any inculpatory (guilty) statements would be suppressed at trial.

You need to hire a lawyer and be prepared to share everything that you did in an effort to return the property.