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  1. 1 like
    The terms and conditions you agreed to abide by when you signed up request that you pick a subject heading the most likely fits your post and post only once.
  2. 1 like
    Becky doesn't have to visit any specified number of times, or at all to retain ownership. Renters usually have utilities in their own name. When talking about real estate, contracts almost always have to be in writing to be valid. Text messages and FB conversations do not count.
  3. 1 like
    Not really sure what you are asking. According to your narration there is no non-verbal evidence that the owner of the unit intended to give the unit to her sister. There is apparently a bill of sale tending to prove Becky owns the property. So between the two parties there is not a question about who has superior ownership of the property. Annie's position is that there is a contract to transfer the property to her. Besides the fact that the alleged contract is entirely verbal, the contract also appears to be gratuitous. A gratuitous contract is a contract where there is no exchange of value. Generally gratuitous contracts are not enforceable. Annie made payments to Becky but the payments were apparently in the exact amount of the ground rent. So the obvious inference is that she was renting the unit. Had she made any payment in excess of the rent (and presumably utilities) she would be in position to claim she had an actual contract. Since she didn't, the only logical inference for the finder of fact is that she was simply subletting unit and had no enforceable contract. BTW, I would have to say that inclusion of the factual statements about the parties health, marital status, familial relations, etc. is all unnecessary and irrelevant.
  4. 1 like
    Isodrafter, there's no need to get bogged down with "laws" here. The chain link fence was yours. You had a right to take it down so there is no need to discuss it further with your neighbor. In fact further discussion is inevitably going to lead to more hostility. As to the weeds on your side of the privacy fence feel free to spray them with a "glyphosate" product like Roundup or some such. It's a topical application so only the weeds that you spray would die. If you don't want to use chemicals, just dig them out and cultivate the grass on your side. Keep removing the weeds when they are small and eventually, you'll just have grass.
  5. 1 like
    Dear brindlebully, no one gets thrown off because they post something like you did. But the more appropriate response by you was probably just "Sorry, I didn't notice the date on the post."
  6. 1 like
    It is not a certificate of release. The IRS has a separate document for that. That document is the notice of federal tax lien that the IRS filed. Notices of federal tax lien are, however, self-releasing unless the IRS refiles the notice of lien by the last day for refiling indicated in column e. But the self-release of the lien does not necessarily mean the underlying tax is no longer enforceable (i.e. that the statute of limitation (SOL) on collection has expired) on the debt you are paying in the installment agreement. The details of the tax liabilities included in the agreement would have to be analyzed to determine when the SOL for the debt expires. The IRS does a pretty good job in tracking that SOL on its computers and will not apply money to accounts that the SOL has gone. Nevertheless the system is not perfect. The place to start to figure out if the SOL is expired is to get from the IRS a transcript of each period included in the installment agreement. The basic rule is that the IRS has 10 years from the date the tax is assessed to collect the tax. The the refiling date shown on the lien is later than 10 years after assessment is that the law gives the IRS a period of 30 days after the SOL expires to refile the lien to cover situations in which the SOL is extended at the last minute. Note though that while the SOL is normally 10 years there are things that can extend this period. The most common of these are: bankruptcy, filing an offer-in-compromise request, and the taxpayer signing an extension on the SOL in connection with an installment agreement.
  7. 1 like
    The statute you quoted requires "a specific devise," which apparently didn't happen. Therefore, it would appear to be controlling, making a Heggstad petition the only apparent option to get the plots into the trust.
  8. 1 like
    I would suggest reviewing the "Probate" section of this document.
  9. 1 like
    Lawyers will sometimes handle collection actions for a percentage of recovery. However, any lawyer who might consider that will want to be reasonably confident that the potential recovery will justify the time to be spent. Keep in mind, however, that filing a claim with a decedent's estate is probably a fairly good DIY project. The starting point would be a search of the records of the probate court in the county where he lived at the time of his death. If no court-supervised probate is taking place, then this probably becomes more difficult than you can handle without an attorney's assistance. I obviously know nothing about this web site, so I can't intelligently comment on its utility (either standing alone or in comparison to other means of ascertaining the information). Estates are generally probated in the deceased's county of residence.
  10. 1 like
    You make a claim against his estate. You will probably need a lawyer to get it right. Assuming the deadbeat has an estate of any value.
  11. 1 like
    A petition generally initiates a legal action. A motion generally occurs during or after litigation. Why do you ask?
  12. 1 like
    Ought to, yes. Why not ask your employer for a written waiver of ownership?
  13. 1 like
    After you have filed papers to open up probate, you should immediately receive (the same day you file) a document called letters testamentary which will give you authority to handle the estate. Get a certified copy of those letters testamentary so you will have something to show the landlord. You may want to contact a funeral home today to find out what, if anything, you need to do so that the funeral home can be granted access as soon as possible to pick up the body and have it taken to a funeral home of your choice.
  14. 1 like
    You need to open probate under intestacy and apply to be appointed representative of the estate. If you do get appointed, your court papers will be your legal authority to take care of your friend's remains and take care of his belongings. If you can't get appointed, then it's out of your hands and the county will handle it and the landlord will eventually enter the apartment and dispose of everything. Sorry, but that's how it works. Here's a link to the Franklin County probate court where you might find forms and instructions: http://probate.franklincountyohio.gov/
  15. 1 like
    So, your wife attempted suicide by overdosing on painkillers and your response was to record her talking about it? You argued with her but didn't call the police, but you say nothing about calling 911. Did you take her to the ER? Are you doing anything to see that she gets the help and support she clearly needs? Whether your wife is so mentally unstable as to pose a risk to your children is a question for mental health professionals, not you, to decide. Many forms of depression can be treated successfully with medication and therapy. If you want to use your wife's mental health history to support your claim for primary custody in the divorce, you'll need to provide written and/or verbal testimony from her doctors and therapists who have treated her to back up your claim. The court will not just take your word for it. Your attorney is the best person to help you obtain the required evidence, and to organize and present your case.
  16. 1 like
    The problem is that you have not said where it is that this sale is recorded and why that record is a problem, apart from your apparently forged signature on the documents. Was the sale itself a fraud, i.e. was the customer defrauded, was the government defrauded, or what? What record is this that the investigator found and was this a government job that required some kind of background check? About all I can tell you here is that if you know what record has this information then contact whomever maintains that record to find out how it might be corrected.
  17. 1 like
    I have no idea what you're talking about. Welfare fraud charges can be brought only by a prosecuting attorney (either a county district attorney or the United States attorney depending on whether you're talking about state or federal benefits). You're obviously not an attorney. Therefore, the only thing you can do is report the suspected crime the appropriate agency. If you're a cop and don't know how to get a search warrant, you've got real problems and, if you're not a cop, you can't get a search warrant. What exactly is your role in this situation?
  18. 1 like
    I am sure your advice, given seven years after the fact, will be very helpful to the poster. Note: dates of the postings appear in the posting.
  19. 1 like
    Legalwriterone hit the nail on the head - once a judicial custody order is made, another court will generally not disturb it unless there is a change of circumstances. So, it's not impossible that you couldn't modify custody, but it would be an uphill battle. If there is no joint custody in Brazil, why don't you petition for sole custody - then allow the children to visit their father?
  20. 1 like
    Ok. There are a couple options and maybe more than a couple. The first thing to do would be for the trustee of the trust to file a Heggstad petition to get the burial plots into the trust. Assuming no one opposes it, it should be fairly simple and not too expensive. The other option would be to utilize the process in Probate Code section 13200, et seq. It probably is applicable given that the property in question is likely to be of "small value." That the trustee and nominated executor are the same person simplifies things, and he or she should consult with a local probate/estate attorney about the best way to deal with this. In theory, the plots probably could be directly deeded to the children by using the PC 13200 process. However, any distribution of estate/trust assets before ensuring all of the deceased's debts have been paid would expose the children to liability for those debts, so it's probably not a very good idea.
  21. 1 like
    Why don't you attempt to maintain joint physical and legal custody in Brazil and simply agree to let the kids live with their father in the interim. Just because the children live with father does not ipso facto mean that he has sole custody of the children. Otherwise, pg is correct - to modify a child custody arrangement after a judicially ordered custody agreement would require a change in circumstances which usually requires showing detriment to the children in order to modify custody. This will be an uphill battle for you.
  22. 1 like
    For starters, is there an executor? Stated differently, has a petition for probate been filed and has the probate court entered an order appointing someone to serve as executor? Or, when you refer to "the executor," are you simply talking about a person nominated in the will to serve as executor? I'll have additional thoughts once you answer these questions.
  23. 1 like
    No. Of course, if the neighbor must traverse portions of the property that have not been leased to you in order to get to your cafe, the owner can ban the neighbor, and that's out of your hands. Except terminate the lease next time it comes up for renewal.
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  25. 1 like
    Ohio will use its own rules to determine what points, if any, to assess on your Ohio license.
  26. 1 like
    He can issue you a 3 day notice and begin the eviction on day 4. He can also issue a 7 day notice to vacate... not a 30 day. Here's a novel idea.....pay your rent on time and the threats will stop.
  27. 1 like
    One of the basic doctrines of contract law is that the aggrieved party cannot profit or be unjustly enriched by the breach of the other party. Even if you cannot prove the conversation where she allowed you to move without the 30 day notice, she mitigated any monetary loss she might have incurred and is now unjustly enriched by keeping your money. She has also likely failed to comply with the security deposit law. Read it at: http://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.15:1/ So that's two things you can base your lawsuit on. I suggest you send her a demand letter with a completed (but not filed) small claims complaint form, give her a deadline date to pay, and if she doesn't, go ahead and file your lawsuit.
  28. 1 like
    So you handed someone $4500 and got absolutely nothing in writing? You have been operating a vehicle which is not titled nor registered to you? How are you insuring said vehicle? Why would you pay another $2K to this person without anything in writing?
  29. 1 like
    No one can prevent her trying to obtain some part of the estate, just as you can't prevent any other person from attempting to make some sort of claim. Legally, she is not entitled to any portion of your estate. Having a will which directs the disbursement of ALL assets is the best defense against any claim getting very far. Only assets without a specific beneficiary (such as life insurance, a pension, etc.) and those not mentioned in a valid will would be subject to intestate laws. She still wouldn't be entitled (if your son had a child, the child would), but it is still best to have a will. If you have sort of joint finances with this woman, I would meet with a financial advisor or estate planner to ensure that those assets or accounts are set up as you wish them to be after your demise. Or, those assets and accounts are separated and liquidated or transferred while you are still alive. This would include any assets or accounts you held jointly with your (step)son. It isn't clear the nature of this account you maintain, yet she benefits from.
  30. 1 like
    "Consider sending the person an email or a letter that gives the contact information for one or more of the local domestic violence organizations . . ." And hope the individual's assailant does not read her email and/or mail!
  31. 1 like
    I assume the case involves significant personal injury. Therefore you should be talking to a personal injury attorney. Private investigators evaluate the assets possibly available for satisfaction of any judgment. This site lists attorneys in your area. So, it is probably a violation of the rules of the site for us to go outside their listings. See the "find a lawyer" tab at the top of the page.
  32. 1 like
  33. 1 like
    Please don't tag your question onto an over 6 year old post, as the original poster is most likely long gone and you will get a better response by starting your own thread. On the notice you got from Social Security it outlines your appeal rights. If you disagree, follow the instructions.
  34. 1 like
    1. first you need to determine as best you can, if the person has enough non-exempt assets to satisfy any judgment. 2. Then determine if probate has been opened, as you will have to sue the estate. 3. Hire an personal injury attorney with experience suing estates and turn it over to her/him, as it is not a do it yourself project.
  35. 1 like
    I agree, but the OP's question was about what he or she "can, should, or [is] allowed to do in a workplace setting." HR can counsel the OP about what he or she is allowed to do in the context of the workplace. Beyond that, if the OP wants to hassle this person for details of her personal life, no law prevents him/her from doing so.
  36. 1 like
    Honestly, there isn't much HR can do if the person won't help themselves and insists everything is fine. If you have an EAP, I would mention it to her in a non-judgmental way in private and let her decide if she wants to make use of the resource. Maybe she is in a bad relationship, and maybe she is an amateur wrestler on the side (true story). If there is an impact on the job, treat it as any other similar situation. Address the performance problem. Send her home if not fit to work, as you would anyone else who showed up too ill or injured to perform.
  37. 1 like
    I was an attorney practicing in Northern Virginia for a little over 30 years. You have referred to a "commissioner" several times. What was the context of the proceeding that involved the perjury and how did a civil proceeding result in a $700 fine?
  38. 1 like
    If perjury occurred, that is indeed a crime and something to see a prosecutor about. A lie in a civil court trial is as much perjury as a lie in a criminal trial. Both are perjury. A prosecutor may, however, be more interested in prosecuting a perjury charge in a criminal matter since perjury in criminal cases directly affects the prosecutors own cases. Still, if the case is compelling, a prosecutor may take up a perjury case for a lie told in a civil trial, too. The problem is that proving perjury in most cases is difficult because the prosecutor must prove that the witness knew the statement he/she made was false. Just proving that the statement was false is not enough. Typically the best way to deal with a lying witness is to confront the witness while giving that testimony and expose the lie.
  39. 1 like
    As already has been mentioned,it is at the sole discretion of the prosecutor whether or not to file charges,whatever the offence involved might be.Limited resources,means the DA's office have to prioritize what cases they will pursue/not pursue. That said,In the case of perjury,here's just a few things to keep in mind.Did the person in question,lie about a material fact in the case.That is,a fact that would tend to help prove an element of the crime,and (2)Was that lying statement,the sole evidence relied upon that resulted in the conviction. If the answer to either or both questions is no,forget about it,your wasteing your time.
  40. 1 like
    Not quite correct. We obviously know nothing about the layout of your home. No, but it's stupid and negligent -- just as it's stupid and negligent to smoke tobacco in the presence of children.
  41. 1 like
    You hire a lawyer who gives them proper legal notice that their occupancy is terminated and then you have him evict them through the courts. With squatters it could take many months. The alternative is to offer them money to leave but you don't pay them until everything they own is off the property and they are ready to get in their car and drive off. Have the lawyer draft a written agreement as well. No offense, but having let this slide all those years tells me that you are no up to handling this without a lawyer.
  42. 1 like
    My husband and I have been together for 6 years, and he has recently started to threaten me with eviction, after a recent argument. We have a home that we purchased, it's in his name, however we remodeled it and have lived here together for 5 years. We've both contributed to the remodel of the home. I am concerned that since we are not legally married, his "5 days to vacate" letter may stand up, which is hardly enough time to separate 6 years of a life together. We are not legally married but have filled taxes as married for the last 4 years or so, can he evict me so easily? Will we need a divorce?
  43. 1 like
    Any particular reason you just quoted my prior response without any new content?
  44. 1 like
    Although I have prepared revocable trusts for folks who would benefit from them, I generally tried to talk people out of them. A trust is useful if there are minor children or special needs children. An estate planning trust to maximize the marital deduction when the estate is over $5.5 million is also beneficial. But in 99% of the cases, at least in Virginia where I practiced, the cost and complications of creating, maintaining and terminating the trust far exceeded the cost of probating and administering an estate.
  45. 1 like
    So, my husband is an inmate in a facility in Indiana. We lived in Iowa when he was sentenced and we would somehow like to get him transferred to a facility here in Iowa so we are closer to him and can be more supportive. We have 3 kids and want him in the kids life as much as possible and it's hard to travel to Indiana every few months to visit. Does anyone know anything about Interstate Corrections Compact? I have done lots of research and I can only seem to find information on transferring states once you are on parole or probation. Help would be greatly appreciated. Thank you.i
  46. 1 like
    Thanks for reaching out. Issue has been resolved and rent has been paid for and taken care of, Thanks again
  47. 1 like
    Hi Mike7- thanks for posting to the community! Hopefully you got the clarity you were looking for on the rule and can now prepare for your small claims case. Here is a section on small claims court that you might find helpful. Best of luck with everything!
  48. 1 like
    My condolences on the death of your friend. It’s a shame then that the friend didn’t give you the money to put aside for the service he wanted then. Your friend’s estate would have the responsibility to pay for the disposal of his body but there is no obligation on anyone to hold or pay for any kind of memorial service. If your friend did not have any kind of will or trust set up to pass his assets after his death then the state intestate succession determines who would get his property. If your friend was not married when he died and had no living kids or grandkids, then his assets would be distributed evenly among his living siblings (and perhaps the descendants of any deceased siblings depending on the applicable state law). If his brother was your friend’s only sibling, then he likely would have received everything under intestate succession anyway. Friends do not ever inherit under intestate succession. If the trust and perhaps will that he signed while in the hospital were successfully challenged then the distribution of your friend’s estate would be determined by intestate succession unless perhaps your friend had a prior will to fall back upon. That means without a prior will a challenge to the trust or will that gives everything to his brother would be worthless because the brother gets everything one way or the other. The only way you’d stand to get anything is if you were in possession of a will in which your friend gave you something. In that case, it might be worth launching a contest to the trust, etc., that he signed giving everything to his brother. The bottom line is that you cannot force the brother to pay for the service that you and your friend wanted. If you wish to do that yourself, you'll need to come up with the cash to do it on your own.
  49. 1 like
    Is it legal to carry an expandable baton on your belt and in your car in the state of VA? These batons do not operate with springs, and are referred to as telescoping, expandable, police, or ASP batons.
  50. 1 like
    Wow.... didn't expect that kind of sarcasm and downright arrogance. Glad this forum exists to help people feel a little better about themselves. Maybe Ill start one of my own about aeronautical science and slam people when they ask me a question about bernoulli's principle or the airspeed at which an aircraft might experience mach tuck effects. seriously. The apartment is a completely fenced in complex. The dog that did it was the one above me or one of the two owned by said neighbor with the german shepard. Ive owned german shepards before and the paw prints looked quite the same. As I said I can't confront someone without proof since there is another neighbor with a dog in the building and I can't prove which dog it was. THIS is why i asked if the apartment had some liability. Thank you for your kind words and please don't talk to your children or boss in the manner you did me....for your own sake. God bless and have a great day!