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  1. My son is 7 years old and currently in 2nd grade. Last school year and this school year he has been a victim of severe bullying. (being held down on the bus by several students while being punched, face slammed into a urinal, broken knee etc...) The children who are bullying him do not face any consequences for their actions and the assistant principal at the school always coaxes my son into saying that he was not intentionally hurt. Anyway, his knee is currently broken, he has to wear a cast from his toes to his upper thigh and the doctor says that he may have problems with his knee for the rest of his life after it heals. One of the bullies likes to constantly trip my son during P.E. while constantly calling him names like cracker, hillbilly, etc... usually resulting in some bruising and sometimes swollen knees. There is never any reprimand for the bullies actions. The last time this bully tripped my son, it resulted in the broken knee from landing on the concrete so hard. This occurred on December 7th and he will be xrayed again to check the healing process on January 12th. I've kept my son out of school while contacting the principal and the school board in attempt to accomplish consequences for this bully without any success. I allowed my child to return to school yesterday and informed the school administration that they were NOT to question my child without a parent present. (due to past experiences) Not only did they pull him out of class to question him without notifying myself or his father, but they told him that he's not being bullied that what happened was an accident and kept repeating these words to him until he agreed that it was an accident. Is there anything that I can legally do against this school?
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  2. start with a report to child protective services and try contacting legal aid for representation.
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  3. No way to predict. I've read a lot of posts where cheap old cars are not repossessed at all. Plan for the worst, hope for the best. Next time you send an email, say this: If you want to try doing it yourself there are many "how-to" resources online: https://duckduckgo.com/?q=do+it+yourself+conversion+from+chapter+13+to+chapter+7&t=h_&ia=web And all the official forms are at the bankruptcy court's website. http://www.uscourts.gov/forms/bankruptcy-forms
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  4. I am not a tax attorney but it is my understanding that if the purchase involves actual cash (as in coins and bills) in excess of $10,000 it would have to be reported to the IRS.
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  5. He can do that without breaking any laws or causing himself problems, except that he may need to file a gift tax return (which is not an income tax return.) If in 2017 you make gift to any one individual such as your child in excess of $14,000, you would be required to file a Gift Tax return on Form 709, although no tax would be due unless you had made very substantial gifts in the past. Gift taxes are different than income taxes. Very substantial gifts in the past refers to the "life time exclusion" of: $5,340,000 in 2014 and $5,430,000 in 2015 $5,450,000 in 2016 $5,490,000 in 2017
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  6. In whose name(s) is title to the home presently vested? Two adult siblings most certainly can live together. It happens all the time. The issue is that you don't want to live with your brother (apparently for some good reasons), which is a problem that can be easily solved by moving. Obviously, the trust cannot force you to live there. Obviously, if you leave, you should take your property, including your pets. Told by whom? Why would a restraining order make it worse? Trusts have trustees, not executors. It's not clear what you want to mediate, and it certainly does matter that you're the trustee. However, trustees do not have unlimited power and are, instead, constrained by the terms of the trust instrument. Your brother certainly seems to be an idiot. As "RetiredinVA" noted, nothing you have told us suggests that you or your brother would receive anything if the house were sold. That being said, you do have the right to live in the house until your death, and that's probably worth something. One possibility would be for you, your brother, and your son to come to an agreement to sell the house and split the proceeds in some way. The other alternative would be a petition to the court for instructions, which could give you, as trustee, the power to evict your brother so that he does not cause waste to the property. Either of these options will require the advice of a good trust attorney.
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  7. Knort, the poster said the trust gives the poster and his brother the right to live in the house until their mutual deaths. At that time the house goes to the son of the poster. Your suggestion that he sell the house is not possible without the consent of the son. And, if it were sold, the proceeds would essentially all go to the son.
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  8. If you are going to conduct business under a name other than your own given name you have to register with the state in order to conduct business, which would include naming a person to receive service of process, the business happens to be sued. BTW, renting real property is a traditional business.
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  9. You may organize (the term incorporate is generally used just for corporations) the LLC in any state. But understand that if you form the LLC in Nevada it will still have to file in Illinois as a foreign LLC, which means you end up doing pretty much the same thing (and paying the same fees) as you would if you just organized it in Illinois plus you’ll have the registration and filing fees in Nevada, too. For a small one person business it is rarely worthwhile to form a business entity in any state that the entity will not conduct business. So unless the LLC is going to conduct business in Nevada it is likely that it will not provide you any significant benefit to organize the LLC there. It certainly will not save you tax. Understand that the reasons large publicly traded companies organize in states like Delaware or Nevada have a lot to do with advantages that management of the corporation gets in disputes with shareholders and that make stock more attractive on exchanges. Those are things that are not concerns of small privately held companies. So what reasons do you think it will benefit you to organize in Nevada?
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  10. you can do it in any state, but you would have to qualify it in Illinois, so it rarely makes financial sense to do it in another state and pay two annual fees. There may be other reasons to do it out of state, but you have not mentioned any of those.
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  11. Wait, I object to the rainbows! But I agree, we could do with some unicorns.
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  12. The better way to phrase this question is whether anyone other than you is liable to repair your truck. For starters, if you have collision coverage on your auto insurance policy, your insurer should (see my comments below) pay for the repairs, less your deductible (unless the cost of repairs exceeds the vehicle's fair market value, in which case you'll receive FMV less the deductible). As far as the property owner (your friend) being liable, nothing in your post suggests he is liable. He's not liable simply because the tree was/is located on his property or because the accident happened on his property. He might be liable if he knew or had reason to know that something like this might happen and failed to take reasonable precautions to prevent it. For example, if an arborist had given him an opinion that the tree was diseased and ought to be removed but he did nothing, that could make him liable. I don't really understand the first question. There is no "should" or "shouldn't." An insurance policy is simply a contract, and it covers whatever it says is covered and nothing more. Without knowing anything about your friend's insurance coverage, it's impossible to say anything for sure. However, in the absence of negligence by the insured, most home/property owner's insurance would not provide coverage for accidental damage to the property of a guest. I don't really understand the way that the question is asked, but you're not going to find out who you friend's insurer is unless he tells you. It's not public record. That doesn't make much sense. Standard collision coverage pays for damage to a covered auto resulting from a collision with another vehicle or object and does not contain an exclusion just because the collision occurred on private property or was the result of an "act of nature." Did your insurer send you a written denial of the claim? If so, does the letter cite or quote the section of your policy that purportedly excludes coverage for these reasons? If not, you should request that your insurer clearly explain the basis for the denial in writing. If so, can you quote the policy language here? Note that you can submit a complaint to the California Department of Insurance, and the DOI does look into such claims. You should not sue unless you have reason to believe your friend was negligent. If you do sue, you can request information about property insurance and a copy of the policy(ies) in discovery, but only if you sue in the limited or unlimited division of the superior court since no discovery is allowed in small claims actions. Whether it's worthwhile to hire a lawyer, who will charge you an hourly rate and you won't be able to recoup your fees, is something only you can decide. As you noted, accidents happen, and this does not appear to have been anyone's fault, and the only way you're getting screwed is because you may have bought substandard auto insurance or just because of bad luck.
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  13. Des did not state that position. It appears that he believes that the bank bought it at the foreclosure sale and then later sold that property, hence the answer that he gave in his first reply. The OP, however, did not expressly state that which is why I hedged my answer a bit. What the OP specifically said was: “My home was foreclosed on me by my mortgage server the bank. Shortly after the procedure the bank was able to sell my home for more than the amount I originally borrowed.” Of course the fact that the OP says the home was foreclosed and that the bank sold the home later certainly suggests that the bank was the buyer at the foreclosure sale and thus was selling its own property. If that is indeed what happened, it appears everyone here agrees that the OP would not be entitled anything from the sale. But since the phrasing by the OP was not quite crystal clear, I left open the possibility that maybe something else occurred in this foreclosure process. I would guess that is also the reason why pg1067 answered as he did.
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  14. It's hard to tell without more information but as a procedural matter, the plaintiff in a civil action can be crazy as a loon and there's been a few who are. I've never heard of a case being dismissed because the plaintiff is incompetent--it's usually failure to state a claim or no viable cause of action for some reason.
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  15. Get a lawyer! There is nothing else to do at this point. Your lawyer needs to get the video ASAP.
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  16. You could claim anything you like, but the notice isn't invalid or defective for the reason you mentioned. What landlords will often do in the case of unpaid rent is serve both a 3-day notice and a 30-day notice. The 3-day notice is a notice to pay or quit (or cure or quit). If only a 3-day notice is served and the tenant pays the unpaid rent (or cures the breach) within the three day period, then there is no obligation to quit (i.e., move out). However, if both notices are served, then payment of rent or curing of the breach does not eliminate the requirement to move. If you were to withdraw your prior notice and serve a 3-day notice and the tenant were to pay, then you're stuck with the tenant until you serve another 30-day notice. I suppose you could serve a 3-day notice now and include a statement that service of the 3-day notice does constitute a withdrawal or waiver of the prior 30-day notice, but you'd only be giving yourself an additional ten days, so it may not be worthwhile.
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  17. Out of curiosity (mostly), why would you separate for 16 years and not bother getting divorced? During the period of your separation, what filing status(es) did you use for your federal and state income taxes (e.g., married filing jointly, married filing separate, etc.)? Not sure what you mean by this. "Retirement" is merely the act of permanently not working anymore, and there can be no doubt that this is available to him. Not sure what you're intending with "etc." By chance are you talking about a pension or some sort of retirement benefit? If so, the answer is to ask. If neither of you filed for and obtained a divorce, then you're still married.
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  18. This is not correct. State courts routinely adjudicate matters involving questions of federal law. Probably the most common example is when a state criminal court rules on a defendant's motion that the defendant's federal constitutional rights have been violated in some way. State courts only lack subject matter jurisdiction to decide questions of federal law when federal law expressly provides for exclusive federal jurisdiction (e.g., lawsuits for infringement of copyright or patent).
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  19. You're free to hire a new lawyer at any time. Once you find a new lawyer you like, he/she will make appropriate arrangements with your current attorney and the court to substitute in place of the current attorney.
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