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  1. 2 likes
    No will comes into play until it is admitted to probate by the court. If one will was admitted and then a later will is located, then the newly named executor would notify the existing executor as well as all the beneficiaries or potential beneficiaries by serving them with a copy of his petition to admit the second will to probate and be appointed executor. Until the court rules, the second executor has no power to do anything.
  2. 1 like
    Here is a link to Calif. regarding Inheritance Tax. https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=4&ST=CA
  3. 1 like
    Yes. Surprised? And, under the "letter" of Maryland law (and likely every other state as well), I just committed the same crime by answering your question. Maryland Business and Occupations Code Section 10-101 defines the following: http://law.justia.com/codes/maryland/2015/article-gbo/title-10/ Technically, anybody making any comments (helpful or otherwise) about anybody else's legal matter is in violation. You're in violation, I'm in violation, any non-lawyer on this and all the other legal websites who comments on anybody's legal situation is in violation. I've been at this for 15 years on a variety of sites and have racked up enough counts of the unauthorized practice of law to put me in jail for several lifetimes with billions of dollars in fines. Your accuser is technically correct but from a practical standpoint he's also an idiot because nothing is ever going to come of you rendering an opinion on your HOA's legal issues any more than I'm ever going to get charged for it. So let's have a good laugh while we continue our criminal enterprise. LOL. Stick around. There are a couple of lawyers that participate here. They may have some comments.
  4. 1 like
    This is all very good info from those that have answered. Thank you. This is a pretty strange case (as I'm sure that most wills are not always as clearly stated). This one is 'odd' as well. The 'new' will came, pretty much, out of the blue. Dates, times, witnesses, signatures, admitting to probate, decisions by courts on executorship...all very suspect. The bearer of the 'newest' will has already started clearing the estate 'out' & the family is wondering, 'whaaat?' It was thought, that there should have been a 'cooling-off' and/or a bereavement period...45 days or some such. I'm a family trusted, outside party that smells something 'strange' & I'm trying to get needed info for a potential upcoming dispute. Too much emotional 'mind fog', for them, which I'm trying to sort through. thanx
  5. 1 like
    Indeed. Good catch. I blame it on Alzheimer's, of course...
  6. 1 like
    I have never heard of it referred to as a cooling off period, but nothing can be removed from the estate except by the court appointed executor which could take 45 days or longer to occur. The is no federal estate tax or California estate tax on estates with less than 5.49 million in assets.
  7. 1 like
    If that's the case, then why didn't you file your marriage license "for financial reasons"? You wrote that you "chose not to [file the marriage license] because [you] carried a lot of financial debt coming into the marriage due to school loans and a failed business. [You] knew [you] wanted to buy a house, new car, etc., and did not want to have any loan applications denied because of the outstanding debt." It makes no sense to say that you didn't file the marriage certificate for this reason unless you were trying to avoid potential lenders from finding a public record of your marriage.
  8. 1 like
    If your aunt was married to your father at the time of his death (you never said she was, and you could have other aunts besides your father's wife) she is his next of kin and the court should have no problem appointing her as administrator of her husband's estate, in accordance with Texas' laws of intestate succession. She needs to immediately stop listening to whoever is filling her head with misinformation and consult with a local probate attorney ASAP.
  9. 1 like
    Your aunt needs to qualify as administrator of her husband's estate. The court will not administer the estate for her. I wonder who in "the court" is giving her all this legal advice. You need to spend an hour or so with an attorney who can advise you and your aunt on how to proceed.
  10. 1 like
    Yes. However, there are significant potential downsides to having co-executors (especially having an even number). Obviously, the intent will be that they work amicably together, but conflicts often arise. What happens if one co-executor wants to do X and the other wants to do Y? If they can't agree (even if they are amicable in their disagreement), they may have to have the court break the tie, which may incur fees paid from the estate. I had a situation once in which I was co-executor and the other co-executor died during the administration of the estate. It wasn't a huge problem, but it had to be dealt with. If you're considering nominating multiple executors, please consider discussing the pros and cons with a local attorney.
  11. 1 like
    Filed what paperwork? Filed it where? One would not normally file any paperwork in connection with an overseas marriage. And what do you mean that you did not file this paperwork "for financial reasons"? We have no conceivable way of knowing what you might be entitled to. That said, division of your marital property will be governed by the laws of your state of residence, and the fact that you got married outside the U.S. is a completely irrelevant fact with respect to property division.
  12. 1 like
    You would subpoena the records from the bureau of prisons you don't need a specific person, just the custodian of records will do. You would have to name the specific records you want, you can't request they go on a fishing expedition.
  13. 1 like
    Your rights are exactly the same as any other legally married person. It is not, nor was it ever, necessary for you to file any "paperwork" in order to "register" (whatever that means) your marriage in Florida or any other state. To prove up your marriage, you need only produce your original marriage certificate, or a certified copy. Perhaps you're referring to the common and prudent practice of recording your marriage certificate, which simply means you take it to the courthouse where they can make a copy to keep in the county's records, Then, if anything happens to the original in your possession, you can go back to the courthouse to get a certified copy of their copy, which has the same legal force as the original. I hope this clears things up a bit.
  14. 1 like
    disposition of personal property in a divorce is governed by the state where the divorce is filed. Real property is governed by the laws of the state where the property is located.
  15. 1 like
    Here's why you got a yes and no answer. My comment is predicated on the consumer protecting himself from scammers by recognizing the scam and walking. In that vein it IS a consumer protection matter. Get it?
  16. 1 like
    Adopted children have the same rights to inherit as a natural born child.
  17. 1 like
    The charge date is the date the criminal complaint was filed with the court. When she was arrested is irrelevant when that occurred after the date the charges were filed. The date of the offense would be in the body of the complaint.
  18. 1 like
    I suggest that you consult a civil litigation attorney in the state where the new employer is located. You may be able to pursue a claim against the new employer for the relocation costs you had under a legal doctrine called detrimental reliance. You should also consider putting in a claim for unemployment compensation, too.
  19. 1 like
    abor Department - Wage Claims When wages owed to an employee are no more than $5,000.00 and the accrual of those unpaid wages does not exceed one year, the employee may file a wage claim with the Department (A.R.S. § 23-350 et seq.). Upon receipt of a claim, the Department will notify the employer of the claim and investigate the case. After investigation of the claim, the Department will provide a written Determination which can only be appealed to Superior Court. An employer who does not comply with a Determination within ten days after the Determination becomes final is liable for triple the amount of the unpaid wages found to be owed. Employees also have the option of filing in the civil courts; however, they cannot file with both the State Labor Department and the civil courts. abor Department - Wage Claims When wages owed to an employee are no more than $5,000.00 and the accrual of those unpaid wages does not exceed one year, the employee may file a wage claim with the Department (A.R.S. § 23-350 et seq.). Upon receipt of a claim, the Department will notify the employer of the claim and investigate the case. After investigation of the claim, the Department will provide a written Determination which can only be appealed to Superior Court. An employer who does not comply with a Determination within ten days after the Determination becomes final is liable for triple the amount of the unpaid wages found to be owed. Employees also have the option of filing in the civil courts; however, they cannot file with both the State Labor Department and the civil courts. Or you can do nothing and not get paid.
  20. 1 like
    Well...you have three choices: (1) ask him if he did or intends to claim the credit; (2) don't ask him and don't claim the credit yourself; or (3) don't ask and claim it yourself and see what happens. Seems to me that the first option is the smart way to start. "Joint custody," as a legal concept does not equate to "50/50" or any other particular time split. That could be a problem for your ex if he is ever audited. Of course, as you have described it, you are under court order to execute the form, so you'd be risking a contempt citation if he were to ask and you refused. Whether or not you agree about the application of a label is irrelevant. As I mentioned previously, federal tax law determines who may claim the child, and while federal tax law does use the term "custodial parent," the definition of that term isn't necessarily the same as the definition under state family law or as it is used colloquially (by the way, whether one is or isn't the "custodial parent" is a legal conclusion based on whatever facts are applicable; it is not merely a question of fact).
  21. 1 like
    You're suggesting appealing an unemployment decision that awards benefits, Employer reduced full time claimant's hours by 25% to part time Claimant did not acquiesce as he engaged the employer repeatedly for a justification for and reversal of the demotion is not retaliation? This employer no longer employs and is defunct: no premiums to increase, no monetary gain by a denial of benefits, no monetary loss by an award of benefits, just a lot of legal fees to fight it for no clear reason. Seems a lot of money to spend on nothing for it to be considered good cause.
  22. 1 like
    Read IRS Publication 501, but I think you cannot because the child did not live with you at least half of the year.
  23. 1 like
    It all depends upon how the lawsuit ended 27 years ago. If there was a consent decree that did not expire, you would proceed under the consent decree. If it ended with a judgment and case closed, it would depend upon what the judgment said and if they complied with it 20+ years ago. If so, you may have to file again. If you can, find out who the lawfirm was that handled it then and see if they are still there and if so can advise you how to proceed.
  24. 1 like
    So...your ex wants a 50% increase based on only a $0.50 (per hour, I assume) increase in your wages? For that to make any sense, your prior pay rate would have to have been $1.00 per hour. Presumably, that cannot have been the case, since both the federal and Kansas minimum wage are $7.25 per hour. Even if we assume you were previously making $7.25 per hour (which would be a bad assumption given that you said you were earning $35k per year), a $0.50 raise would be a 6.9% raise. While child support does not necessary increase in lock step with the payor parent's earnings, a 6.9% raise might justify no more than an increase of the $487 per month to $521.
  25. 1 like
    We certainly don't know all the facts, and no one c an predict what a judge will rule anyway, but I fail to see how the court, or you or anyone else could consider a $0.50 increase in wages (less than 3 percent based on the numbers you give us) as a significant change in circumstances, especially only less than a year after the previous evaluation. Certainly not significant enough that would by itself justify a 50 percent increase in support. I suggest you take a deep breath and talk this over with your attorney.
  26. 1 like
    Your best bet is to hire a family law attorney. You can read the support guidelines here http://www.kscourts.org/Rules-procedures-forms/Child-Support-Guidelines/default.asp
  27. 1 like
    That 16 year old is old enough to consent to their own mental health medical care, which is why the Rx was given. New York also recognizes the "mature minor" doctrine which would also allow the minor to seek necessary medical care on her own if the doctor believes she is capable of making an informed decision. You will need to ask your child yourself why she did not tell you about the Rx or her anxiety. Are you looking for a tutor, or homebound instruction? There is a difference. The state does have regulations regarding the latter but it is not clear if you have followed your districts procedure for properly requesting homebound instruction, and if they denied it, the reason. http://www.p12.nysed.gov/nonpub/manualfornewadministratorsofnps/statereqs.html
  28. 1 like
    Termination of parental rights mean just what it says, Once it is done he will have no rights as far as his biological daughter is concerned. when you file for termination, he can object and ask for visitation, you should then ask for child support and perhaps that will get him to back off.
  29. 1 like
    You wrote that the court has already ruled that, although the administrator "committed misconduct that" resulted in your share of the estate being diminished, the "circumstances [did not] warrant a surcharge or the forfeiture of the administrator's . . . share of [the] estate." Unless you appeal that ruling, that's the end of it. You haven't told us what she did, so we obviously have no way of knowing. Not all "misconduct" in the context of a probate matter is criminal. You're free to contact the police or the county district attorney to see if they believe a crime was committed and are interested in pursuing criminal action. However, I suspect they will defer to the surrogate's court's ruling.
  30. 1 like
    If they are both in West VA, then right now. If not that 6 months.
  31. 1 like
    I don't live there I just googled it Google will tell u any and everything u want to know www Google.com
  32. 1 like
    1. Does Nye county possess jurisdiction currently over my children as he has relocated them? The law states 6 months of residency for children but it says that in reference to states as opposed to county's. Yes since the children are there, at least until the hearing. 2. Assuming Nye county does not possess any sort of jurisdiction, temporary, emergency or otherwise, what do I need to file to show them that they have no bearing here? N/A 3. With the possibility of Nye County having no authority, could I be arrested for calling my children anyway? I haven't just in case and it's been the most excruciating difficult thing I've ever had to restrain myself from. N/A The restraining order is valid until a court says it is not. 4. I've requested our oldest daughter be included in the documentation. Is there any specific document I should be filing? Seeing now what he is capable of he will use her as a weapon and I am not ok with that. Legally she is not your daughter and is not legally part of the divorce proceeding. You would need to file a separate petition for visitation with her. 5. How do I request he provide proof of his claims? I'm appalled that he acquired the restraining order without needing to prove any of his accusations. That is what the hearing if for in Nye County. 6. How do I address the truancy issue with Clark county school district? If they are enrolled in Nye county, they are not truant. You need an attorney yesterday.
  33. 1 like
    If you don't keep paying rent, your landlord presumably will try to evict you. If he/she does that, you can defend on the ground that the place is unhabitable. Of course, I have to wonder why you'd want to remain in a place infested by bedbugs. Have you talked with the landlord about appropriate extermination efforts? If not, why not? If so, what response did you receive? Are you month-to-month or are you on a long-term lease? If so, when does the lease term expire?
  34. 1 like
    Why is the BOP not a defendant? And when your claim was denied, which is routinely done, did you not sue them?
  35. 1 like
    This is beyond basic stuff. A subpoena is an order from the court (although it is issued by the clerk or by any attorney of record) for a non-party to produce documents relating to a lawsuit. If you want documents from the BOP, it's the only way you're likely to get them.
  36. 1 like
    How do you know there is a "medical record" that would allow you to identify the unknown defendant? Keep in mind that it's difficult to understand this without a clear explanation of what happened, although I assume that you were or are in prison and were injured in some way while in the prison. Who is the defendant if not the BOP? If you're still in discovery, there's no trial yet. Did you serve a subpoena on the BOP?
  37. 1 like
    You wrote that "the defense" got your records, but your comment about records "that are critical to identifying who the defendants are" implies that there are some defendants that are unknown? Can you elaborate on this? Why are your medical records "critical to identifying who the defendants are"? Also, from whom did "the defense" obtain these records and why were some of them missing? A motion is simply a request to the court to enter an order, and you can ask the court for whatever you want. Not really sure what this question means. You prepare a motion in the proper format and file it. Any sort of step-by-step guide as to how to prepare and file a motion would be way beyond the scope of an internet message board.
  38. 1 like
    I'm not quite sure what sort of response you're seeking, but nothing in your post indicates any cause to evict the tenant before the expiration of the lease. Note that you didn't identify the state where the property is located, and that might make some difference in terms of the applicable law. Whether or not you continue with this tenant after expiration of the current lease term is a business decision for you to make.
  39. 1 like
    No. I expect they would ignore it.
  40. 1 like
    Here's information about WA's consumer protections: http://www.washingtonlawhelp.org/resource/debtors-rights-dealing-with-collection-agenci If you used spy dialer to do a reverse look up for the phone, you might get some information. There is a reputable law firm by that name but they don't use an 855 number. In fact there are a number of scams involving phone calls from numbers with the 855 prefix, including fake debt collection services, fake computer tech support and false company representatives so you should never respond to them. I get spam calls all the time threatening me about non-payment of a student loan I never had or pretending to be the IRS saying they're going to sue me. They are all scams.
  41. 1 like
    It's probably a shiester debt collector or a just a plain old scammer. Under both the CA and federal debt collections laws, they're not allowed to threaten. I'd suggest your mother review the information at this link: https://www.consumer.ftc.gov/articles/0149-debt-collection and file a complaint with the feds as well as the CA DOJ which is through this link: https://oag.ca.gov/consumers/general/collection_agencies10 . Lastly, if she gets message like this again, DON'T call them back and she happens to answer the phone, tell her to hang up and not engage them.
  42. 1 like
    Did she ever have an account with the bank or an unpaid account in amount similar to what they claimed? Have you checked her credit report for this alleged account. I suspect this was a scam and she should ignore it, unless the answer to the above question is yes. She could report it to the FTC, with the information she has. They cannot put a lien on her house, unless she is sued and loses the law suit.
  43. 1 like
    I do not doubt the truth of your story, it is not that far fetched, unfortunately having observed similar situations in the past, but merely pointing out that your personal remedies are limited. Had they arrested you, these facts could have played out in a different forum than civil court. Now, you must rely on the department to hold them individually accountable, unless, as I pointed out, the departments has a history of civil rights violations that would interest the justice department or the state attorney general.
  44. 1 like
    Hi =) Since my original post I have been getting lots of feedback saying that if I have an agreement on the time we are suppose to get the baby that the mother must comply. Anything outside of that is going against the court order and at that point we can call the police or take her back to court. Unfortunately if the agreement is word of mouth and it wasn't agreed upon in court that that is your time, you're kind of out of luck.
  45. 1 like
    Told by whom? When you refer to the "National Prison Rape Prevention Act," are you talking about the Prison Rape Elimination Act of 2003 (the "PREA")? That's a question for you to discuss with your supervisor and which should ultimately be addressed by the deputy state attorney general who oversees your entity's operations. It's worth pointing out that no portion of the PREA itself imposes the sort of requirement you mentioned. Whether any federal regulations promulgated pursuant to the PREA or any New Jersey law enacted in response to the PREA imposes such a requirement is a research project well beyond the scope of any internet message board.
  46. 1 like
    He may buy you a home if he wants to do that, and if he can pay cash for it the sellers will be quite happy with that. Nothing in the law prohibits buying a home as a gift to someone else or prohibits buying real estate without a mortgage. As for taxes, he would have to file a federal gift tax return (Form 709). He would likely not have any actual gift tax to pay, however. The way federal gift tax works is that if you give to any one person gifts during the year that total more than the gift tax exclusion amount for that year the amount over the exclusion is a taxable gift and must be reported on the gift tax return. The exclusion amount for 2017 is $14,000. Taxable gifts first reduce your lifetime credit against gift and estate taxes, known as the unified credit. Only when the unified credit amount is exhausted would federal gift or estate tax be paid. The unified credit amount is currently $5,490,000. So, if your father gives you no other gifts in 2017 but this property, he will have made gifts totaling $50,000 during the year. Of that, $36,000 is the taxable gift ($50,000 total gifts in the year - $14,000 exclusion = $36,000 taxable gift.) If he has not ever made a taxable gift before, that gift will simply reduce his unified credit amount by $36,000, leaving him with $5,454,000 in taxable gifts he can still make before having to pay even a penny in federal gift tax. There are one or two states that have gift taxes that apply to much smaller gifts than the federal gift tax does. If your father resides in one of those states he might owe a gift tax to the state. But chances are he does not live in state with such a tax and this likely won’t be a concern. Apart from gift taxes there are no other taxes that will apply to this purchase. Unlike most other states, NM does not impose any real estate transfer tax.
  47. 1 like
    That's not practicing medicine without a license. That's proper nursing care when a trained nurse sees a doctor's order that is questionable or not clear. Although the charge nurse should have made the call to the MD, or made sure the call was made to the doctor immediately by the other nurse, it still sounds like 1) the patient complained and the hospital is trying to cover their own behind or 2) they're looking for a reason to get rid of that nurse.
  48. 1 like
    Hi @hurting1213 Welcome to the community and thanks for posting! In a community property state, the inheritance should remain your separate property. However, be careful not to "comingle" these funds with any community property funds. Once you receive your inheritance, open a separate bank account in your name alone, and do not mix these inheritance funds with other funds. This will increase the likelihood that a court confirms the inheritance to you as your separate property. You may also want to speak with an experienced family law attorney. For a free consultation, click here. Best of luck! The FindLaw.com Team
  49. 1 like
    My Apologies! On the ticket the statute number is: 12-3-102(c)(8) - "Parking-In a space/zone marked for disabled person w/o special plate/placard"
  50. 1 like
    You have an interesting way of looking at things. To be clear, income is money you receive. Expense is money you spend. Debt is money you owe. Assets are things you own. So, you have income, even though you need to spend it to pay debts or for upkeep of your property. Also, if you "retired" at 52 or before, but could go back to the same work, you are voluntarily unemployed and a divorce court could impute income to you. Whether you can receive support from your wife and how much of your assets your wife may be entitled to are questions that can only be answered by a local domestic attorney who can go over the financial situation of you and your wife in detail.