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  2. Nice to finally mention there was a will leaving you 50% of the house. Since you are part owner of the house you cannot be removed by the daughter. However, she is also an owner and has a right to access to the house. To resolve the situation the will must be subject to probate and the nominated executor qualified to act as such. More than likely you will have to buy out the other owners or the property will have to be sold and the proceeds divided among the owners.
  3. Two problems. This site deals with the laws of the United States and 2 this is not a lawyer referral site.
  4. Hi guys, I'm here to discuss one of the worst conditions I ever passed through in my life. I was driving the car to Toronto after attending a farewell party of my anatomy professor. Albert, my boyfriend and his sister Alexandria were also with me. There was a Yaris Hatchback going parallelly to our car. That car was going at high speed and it was crystal clear that the driver was badly drunk. The moment he turned the curve, the car hit on our's. We were saved with some major injuries. Albert got his elbows fractured and Alexandria's left thigh bone was broken. For me, I got my forehead fractures and was also found that I have some internal bleedings too. As I'm not capable of writing this post, I have sought help from one of the nurses over here. I would like to hear your suggestions on an extremely important stuff. I'm planning to file a lawsuit against the accused. Will you please suggest me some of the best personal injury lawyers that you are familiar with? The doctor taking care of me suggested to go for a car accident lawyer in Toronto. He also told that he personally knows some of his patients who won their cases with the help of these lawyers. Please let me know your suggestions. Do you have any such experiences ever? Can you please guide me on this matter? Waiting for your replies to proceed. Any suggestions or comments are always welcome. Thanks in advance.
  5. A lot here is going to depend on the exact details of your conversations with her and what proof you have of it. It sounds like you agreed to the lower rate with no expectation that you'd be paid more down the line or when he died. And if you did get an agreement for more later, it doesn’t seem that you got anything in writing. That will make it harder to claim more now that you discovered the trust fund. But it may not be impossible. If you can prove that she knowingly deceived you about the resources available to induce you to do the work cheaper you might be able to get something more out of it. These are not easy cases to make, so you really need to discuss it with an attorney experienced in contract litigation for advice.
  6. You have nothing in writing about your deal? You never had the title put in your name? If I am right about those, then you are pretty well screwed unless you come up with his money real fast.
  7. Your reluctance to go to your insurance company makes you the ideal pigeon for a rip-off. He's got you over a barrel. You can google insurance claim release and find lots of samples that you can use. Or, you can turn it over to your insurance company and let the experts handle it.
  8. I took care of a special needs person for nearly 8 years in my home ( 2-3 weeks a month and sometimes months at a time) and was paid by Ohio DODD as an independent provider.The first year, the sister of the man I cared for expressed a concern that his funding was running out ( a yearly amount was set by medicaid waiver program) So she asked if I can do it for a lesser amount. I agreed to get us through the first year, but the following year, I tried to get the rate that all providers were getting and even the SSA case manager tried to get more funding, but couldn't unless the social security went to my home and the sister didn't agree. So the whole time, I pretty much worked for severely reduced rate and was never paid for his share of housing, food, utilities, transportation, etc etc ( so my wages were even less). The sister was his social security payee, so his check went to her. She unexpectedly passed away about 7 months ago and that is when it was discovered she had a pretty huge trust set up for him. Long story short.. I found out that this trust was to help pay for his care. Since I took a pay cut well over $10,000 a year, each year, because the sister kept quiet about this fund and didn't tell anyone there was money for his care and repeatedly gave the impression of need for her brother and how I did an excellent job and didn't want him in a nursing home, I continued on. and on top of that paid for all his living expenses as far as in my home, replacing furniture, special foods for his diet, gas, laundry, soaps. I recently spoke to the county about it and they had no idea she wasn't paying me for food/expenses so I paid for his living expenses out of the already reduced rate. I probably made $5 an hour at that point! So I was told to get an attorney, which i did and they were in touch with the trust fund attorney to discuss my back wages. Then, my person passed away last week and now as of today, 75% of the money is gone and the rest may go to a medicaid payback. I understand the payback, but it appears the sister had willed most of the money, the car, the house and all the belongings to her friend and trustee and another friend. My question is, if that is how it works and I don't have a claim because the sister took it upon herself to give it to who she wanted.. fine... but what about all those years ( 8 specifically) that he lived with me 65% of the time or more and I paid for all his portion of living expenses, even laundry soap, special foods because of his diabetes. Since the SS money went to her and nothing ever was sent for him to cover his portion and the attorney handling the trust paid the beneficiaries. It seems highly likely that some of those funds were from the SS money over the past 8 years and did not go to the persons living expenses. I don't know what was claimed every year, but it wouldn't add up. Anyway, curious if that could be recovered in any way. I know SS can't pay twice, but anything that was paid under false pretense, be recouped? The trustee got her 4% , for the first 100, 000 and 3 %, plus the car, etc.. and also was a beneficiary. He didnt see a thing while he was alive. I didnt expect to be included since I was "hired help" but feel she misrepresented her finances and also I believe, cushioned his fund with the ss money instead of it going directly for his daily needs. Any feed back would be appreciated. I used my same attorney I had used in the past and he is very good and honest, but I kinda think this trust thing is a bit tricky, so any feedback would be appreciated. Thank you ahead of time.
  9. I'm sorry... I live in Washington state.. he had a will in which it states that then house should be sold and I get 50% and the 2 girls each get 25%.. do ALL poa's terminate upon the death?
  10. You do realize that we are all volunteers, and it is after 11:30 on the east coast. I am not sure what assistance you are looking for. But if you want him to go away and not involve you own insurance company, you will need to pay him and get a release from him, as you have already noted.
  11. anyone have any advice!!!??
  12. So me and the sky come to an agreement where I will do some paint work for him in trade for the truck that he tells me he needs a little bit of work but it runs good in quote. So I do some of the work pretty much all of it and winter hits so he decides that he wants cash instead so we come to an agreement on an amount and how much I had already worked off which is about 200 and the total being about 700 for the purchase. I agree thinking that i will have the money no problem in a decent amount of time. I encounter some extreme financial hardships that doesnt allow me to pay him when i told him i could. He says its fine and no worries . i even told him he could take the truck back if he felt he needed to he said it was fine. By this time that little bit of work ended up being a new engine , all shocks, 3 out of 4 tires and even cut and buffed it and had it detailed......the next morning he , while the radiator hoses n nuts n bolts where on the front grille all lose everywhere without 0 heads up he came and towed it off. Now he has it and is threatening to sell it. I habe reciptes for all the parts and the engines serial numbers and all that jazz. I even kept his old crappy engine. Idk i will have his money soon but im afraid hell try to sell it putting me out almost 3000$ not including the work done. Whay are my options? Help!?
  13. Thank you. I wasn't looking for anyone to lead me through this. I was looking for guidance on where to go to get help and what to ask for when I did go to get help. I appreciate your answer. An attorney here in California who I consulted with wasn't able to give me even that much info. Now I at least know what I have to do. Thanks again.
  14. Of course there is a way for you to file for the garnishment. But, this site is not designed to lead individuals throught the process of initiating or proceeding through legal processes. Generally though, you need to reduce your claim to a monetary judgment, domesticate the judgment in the appropriate court where your ex lives, and request the issuance of a garnishment against his wages, bank accounts, or other assets. If you can figure out how to do those things then you can do it yourself. Knowing how to do those things is what an attorney gets paid for.
  15. Thank you. When you say "the contempt will have to wait..." I just want to clarify that he was already convicted of contempt. So there is no way for me to privately file for garnishment?
  16. Hello, hoping for some advice. So I pulled into a gas station and came to a complete stop and then realized that there were several pumps out of order, so I put my car in reverse and a guy had pulled up behind me, very close. I was waiting for him to move, but we bumped very lightly. He said I rolled into him, but I didn't want to argue with him. We exchanged info, but we discussed settling on our own. I was in a recent car accident and didn't want to have to deal with my insurance co again, I'm afraid they would drop me if I had another claim, not to mention how high my premiums will go up. Anyway, I had zero damage and he is now claiming that his headlight is loose and there was a tear in the bumper, how could he possibility have a tear when I had NO damage at all. I know it's most likely a prior issue he had and is trying to get me to pay for it. He sent me an estimate for 1000K and wants me to pay. I don't even feel that it was my fault, but again afraid to have to deal with my insurance again. I am thinking about just paying to end this and move on. Do you think this is wise? If I pay him and make him sign a release will that be enough to protect me from him in the future? Please respond!! As he wants to meet me tomorrow!! If I do pay, is it best to give a check, or bank check? He claims that he wants his car fixed quickly and the auto place is waiting for payment before ordering the parts. I kind of doubt he even is planning on fixing it and he probably knows the auto body guy. But I just want this to go away and not become a he said she said situation. I'm not sure if the gas station would have it on video. Thanks so much for any assistance. No police were called to the scene. In Massachusetts.
  17. You notify the support division of your District Attorney's office, if they do spousal support collection they will open a file and forward the case to the state where he is located. If that state does spousal support enforcement, they will begin proceedings to garnish his wages. You may have noticed a theme. If they do spousal support collections, as the DA's offices receive a financial incentive to collect child support, but often not spousal support. The contempt will have to wait until he comes back to California, as his new state doesn't have jurisdiction over a California contempt order. Otherwise, you will have to hire an attorney in his state to domesticate your California support order and begin collections.
  18. If he's in another state, you would need to domesticate the judgment that ordered the support in order seek enforcement of the support order there. No one on here can walk you through that. You will need the assistance of counsel in that other state.
  19. Hello, I work for the State of Oregon and have been almost 11 years now. I started in the Department of Corrections 8 1/2 years, before transferring to my current position with the Board of Parole. My work history has been exemplary. I have filed no previous complaints and have not been the respondent to any complaints. I have been an overall good employee. Approximately 7 months into my new position, my supervisor takes a different position, and I get a new supervisor. She has it out for me for whatever reason. At first, we were friends, and then all of a sudden she began abusing me. She overly criticized my work. She would make comments about health issues (Clinical depression, general anxiety, ADHD, and PTSD) I told her in confidence. She would say things like, "You going to be okay Rach, we all know you panic." or "You okay? You look frazzled", and all this at the same time she is being overly critical and making "check-in" appointments with just her and I where she tells me how she is getting word of issues with my workload via email. When I ask her to forward any issues regarding my work performance she states she will, but never does. LIES. She lies with impunity. I finally reported her last year, when she scheduled me to attend a mandatory training called, "How to manage your Emotions in the Workplace". This training was originally offered to the entire agency and all staff and present as optional; however, she chose me and only me to mandatorily take the training. I notified management of how she was using her authority to force me to go to a training I did not want to go. I told them how she was attributing this training specifically to me, because of the health issues I disclosed to her. Management overturn the requirement that I attend the training. That's when the hostile work environment started up. I began to notice managers weren't speaking to me as they usually did. They were a lot standoffish, and I could feel tension in the air. About two months after the training incident I excepted a job rotation. That situation unfortunately ended with me filing my first BOLI complaint. BOLI found no substantial evidence to my claim; however, if I had consulted a lawyer things would have gone differently. This is a whole other story. I returned from my rotation after only 3 months. I had filed my complaint, and by then, my health issues were spiraling out of control. My medication stopped working, I was severely depressed; I was hyper vigilant and anxious. This is where it gets HR department is the same as DOC's HR department. Our agencies share resources, so when I filed my first complaint it was with our joint HR department and BOLI. After HR received notification of my BOLI complaint; I was iced out. I was not informed of the progress of my internal investigation. I couldn't get updates. Nada nothing. Anyway, a little while after receiving notification from BOLI I had started the process for moving past that horrific experience. Approximately a month after receiving notice, and that's a generous timeframe, my supervisor was at it again. I had been successfully avoiding any and all interaction, and any need for her to have to "check-in" up until this point. Then I made the mistake, in my most vulnerable of states, to confide in her about what happened at the job rotation. A few days go by, and I receive a Letter of Expectation (Written Warning) regarding professionalism in the workplace. She trumped up some bogus stuff. She had no evidence of my wrongdoing; and when I sent an email complaining about her harassment to management, and HR; nothing happened. I was not talked to, not asked my side of the story and I received my letter. A couple weeks go by and I have set up a professional development 30 minute meeting with another manager in a different unit. My supervisor denies me the time, and states no reason. My work is up to date. The office is fully staffed, so no coverage issues; but I can't go, because she said. She went as far as to email the manager I had the meeting with; however, I wasn't cc'd so I don' t know what she said. (I only know because the manager I had the meeting with told me.) He mentioned something was said about "Workload". A couple more weeks go by, and I receive another LOE and this time its for call-in procedure. The LOE meeting is scheduled two weeks out and I have no clue why I am getting this LOE. I repeatedly ask how I violated procedure and she refuses to tell me until the meeting. I continue to ask and state that I have anxiety, and I would appreciate a little information prior to the meeting. She refuses. I elicit the help of HR, her manager and ask anyone to please help me get an answer. Nope nothing. I ask that she at least bring documentation of the dates she is referring. The meeting takes place and she has no documentation. I ask that if after she finds what documents she has to show my wrongdoing, and finds that I didn't actually do anything wrong, would I still get the letter? She stated, "you are getting it regardless." Another manager was in the room and said nothing. A couple more weeks go by, and I am a top candidate for a developmental/promotional opportunity (wage increase). The hiring manager calls me directly at my desk early in the workday morning, and states, "Do you know where your supervisor is? I am just checking your references." He could have emailed her, but he called to let me know he was checking my references; which I took as a positive sign. Later in the week, I receive the "thanks but no thanks" email for the position. When I ask the hiring manager for feedback he refuses. I ask if I had received a poor reference, and he replied, "you'll need to ask your supervisor." I immediately send my supervisor an email asking about the reference she gave. She refused; however, two hours go by and she finally emails me the "evidence of my violating call in procedure." Which ended up proving I had not actually violated anything. I ask if this was mentioned in the reference and she never responds. Anyway, more of the same happens and all my communications with managers and HR regarding this harassment go unacknowledged. Currently, I have filed a new BOLI complaint and been assigned an investigator; however, I have not been contacted by him yet. I also filed an internal complaint 6 months ago and have not heard anything yet. She is still my supervisor. I just want a legal opinion if I have a justified case? Thank you.
  20. I'm hoping they can help by giving me an overview of the process. I have discovered his whereabouts in another state. The family law court here couldn't seem to point me in the right direction. They referred me to a family law attorney who also couldn't seem to give me any info or offer me assistance. I just need to know--do I file papers? I assume the family law judge doesn't like his orders defied, especially after a contempt conviction. But what is the procedure for following up on this? And/or what is the procedure for filing for garnishment? I'm not sure why you think no one here could help me. It doesn't seem like this should be so hard to find information about. :-(
  21. Don't know how anyone on this discussion site can help. You need to hire local counsel to help you. Do you know where he lives and/or works?
  22. Having just been through the process, I can tell you that getting a Canadian passport from the US is not as easy as just showing up at an embassy or consular office. He is going to need a guarantor; someone who has a Canadian passport and who has known him a minimum of two years. (It can be a family member.) He will have to have an application form and pictures of himself that are co-signed by that guarantor. In most cases it will take weeks if not months, and the only exceptions for fast-tracking it require that you have a flight leaving less than ten days AND you also have a valid passport from a visa-exempt country.
  23. Hi there. My ex husband defaulted on spousal support. He owes me about $40,000. Four years ago, he was convicted of 19 counts of contempt for this matter in family law court. He paid for awhile, and then left the country to avoid paying. He's back and I've located him. I need to find out 1) Who to notify (law enforcement wise) to share his whereabouts, since he defied the contempt order and/or 2) How to garnish his wages to collect what he owes me, plus interest? His sentence was suspended 4 years ago. Seems like he should have to pay for what he did. Can you help? Thanks.
  24. Assuming "an ex-Board Director took the money" means that he stole it, the dividing line under Idaho law (you should know by now to identify your state in your posts) between felony grand theft and misdemeanor petty theft appears to be $1,000. First, you don't have standing to pursue anything. The HOA, acting through its board, could pursue the matter in civil court but apparently determined that it's not worth the expense and effort. Second, private citizens cannot pursue cases in criminal court. Only the DA (or whatever the local criminal prosecutors are called in ID) can pursue criminal prosecutions. You can, of course, report the matter to the police and/or the DA and see if they are interested in pursuing the case. Third, even if the DA prosecutes the individual who stole the money, that will only result in punishment for what happened in the past. It won't have any direct impact on the same thing happening in the future. The board's changing bank accounts will be far more likely to prevent this particular individual from doing the same thing again.
  25. Yesterday
  26. I made a records request through my HOA Board Directors and they refused it with an email saying "You will never see anything other than your own monthly HOA dues payment history". I hired a lawyer who sent them a records request demand letter, which they answered and sent me bank statements. I determined from the records that potentially over $4000 was taken over the last year from the HOA bank account in various ATM withdrawals and a questionable check of $1700 (I couldn't tell who the payee was but we don't have any bills in a month for this amount). I asked the Board Directors about this after a meeting we had this with them last week, They said an ex-Board Director took the money and there was nothing they could do about it. It wasn't enough of a loss for them to pursue him in Court. That person has moved out of the neighborhood and the bank account with these transactions was recently closed and a new one opened at a different bank for HOA funds. I am concerned this could happen again. Is this considered a felony, if proven? Is it a criminal matter? If so, can I pursue it in a criminal court so it doesn't happen again? I live in Idaho. Thanks.
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