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Showing content with the highest reputation since 01/24/2018 in all areas

  1. 1 point
    Okay, considering that if you worked for my employer, I'd be the contact person for an issue like this, my first advice is to phone them. Don't email - phone. It's much harder to ignore a phone call than an email, and sometimes an email can sit there for some time and the recipient honestly doesn't realize how much time has gone by. So make it harder for them to ignore you. Phone them. Be polite - remember the adages about honey and vinegar. But make sure they understand that you have been waiting for a response for well over a month now, the problem is still ongoing, you have heard absolutely nothing and you would like both a status and an estimate for how much longer this is going to take. If they are responsive and give you answers, all well and good. If they are not, again staying polite and professional but nonetheless firm, let them know that if you have not heard back from them in a week, you will need to consider taking legal action. Then get off the phone. Leave them with that. Wait the week. Be the one on the high moral ground. At the end of the week, if you have a friend who is a lawyer or if you can find a lawyer to give you a free consultation, see what they suggest. Sometimes a letter on a lawyer's stationary is all it takes. You may want to consider a small claims action. But you're well into unreasonable territory now. It would be different if you hadn't made any attempt to follow up, but since you have, it's now time to take the ball into your own court.
  2. 1 point
    pg1067

    Repair Standards

    There are no laws governing what remediation work is required in any given factual scenario. If something like this ever went before a court, the parties would likely offer testimony about industry standards and whether the remediation that was done met those standards.
  3. 1 point
    The issue is that the termination clause that you quoted above is not as clearly written as it probably should have been. If PG1067's interpretation of the language is correct, then your lease would end March 31 based on the February notice. If my interpretation of the language is correct, then your lease would end April 30. The way I read it, if you missed the 60-day notice cutoff (i.e., Feb 1) then the lease extended on a month-to-month basis, so at a minimum adding 1 month. In my version, your Feb 12 notice will be effective to end the lease at the end of that first month extension. Either way, because the termination clause says that the Lease continues until the "end of the month" its not clear how it would end on April 12. What's at stake for you is, I think, up to 1 months' rent, plus the security deposit. You'll have to figure out how hard to fight based on the amounts.
  4. 1 point
    doucar

    Roommate eviction

    Yes
  5. 1 point
    How much more pleasant this forum could be,if only people on here would learn some "tact,"and due respect to others who post here,instead of interjecting their own personal feelings,and opinions,"personally" against the posters. Oh me,just had to chime in with my own two cents worth,so as not to be left out,you know.
  6. 1 point
    Once the protection order was dismissed you cannot be held in violation of that order for acts taken after the order was dismissed. But that said, it is not a good idea. Obviously the other person does not want any contact from you or he/she would not have sought the protection order in the first place. You are only stoking the flames of the desire to get such an order in place by continuing contacts with him/her and each contact can add evidence to use in support of his/her claims. Without knowing all the details of what has gone on between you, I would say you'd be better off simply keeping everything in court and not having contact outside of it. I also don’t see any basis for the small claims court action for legal fees. Generally in the U.S. each side bears his/her own legal fees. There are two main exceptions to this: (1) where there is a contract between them in which the contract says the loser pays the winners legal fees and (2) where there is a statute that expressly allows for you to seek recoupment of your legal fees if you win. In addition to that you may sometimes get legal fees awarded by a court if the other side filed a frivolous lawsuit. You as the plaintiff have to specify the contract, statute, or court rule that allows entitles you to the attorney's fees. The problem is that even if you might have a basis for claiming he/she owes you legal fees because the action for the protective order was frivolous, you typically have to file a motion for the fees in that case that he filed against you, not file a separate case to get the fees. You might want to ask your attorney about that.
  7. 1 point
    officerripley

    Breaking Solar Lease Agreement

    Yes!
  8. 1 point
    USslang

    Breaking Solar Lease Agreement

    My pleasure. I wonder whether FTC.org could do any good.. they have blogs like trustlink, with ongoing complaints. This is pseudomarketing and must be passed illegal in the US. It's a threat to our nations economy. The more corruption removed the richer country will become. The quick and sound way to remove most corruption is not by punishment, but by rewarding for revealing and removing. (Price of learning) Many may disagree. In future you'll see I'm right about it =)) didn't mean to digress off subject, it's just all connected =))
  9. 1 point
    USslang

    Breaking Solar Lease Agreement

    I know this because in 2015 i was trying to earn for living and was in it! Working for marketing company called ENVY marketing, in Glendale CA. We started selling for Solcius solar company. Not only i'm a witness i know the entire sales process. When I started figuring that it's all fraud, and I didn't get a dime compensation for... my mom advised me to change my career and after 1 month of working there I quit. And never got conpensated for any work... but I learned powerful sales techniques. So I don't regret being there... Officerripley didnt have to tell me the full story for me to know what kind of thing could have happened to him. Because majority solar companies practice similar marketing techniques and people get stuck with contracts... Only after I quit I realized this is a big problem causing industry.
  10. 1 point
    MiddlePart

    CEO duties

    If you're asking about the CEO of a particular nonprofit company, then generally you'd have to look at the company's articles of incorporation, by-laws, and board resolutions to get that information. The Illinois business organization statutes (accessible here: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=65) might also give you some useful information about corporate officers for nonprofit companies generally, but for the most part the statutes point to the company documents (articles of incorporation, bylaws, board resolutions) as defining the powers and duties of each officer of the company.
  11. 1 point
    officerripley

    Breaking Solar Lease Agreement

    Where USslang is "getting this" is probably from the news; that's where I've found out about the problems other customers are having.This truth-in-advertising matter is not the only thing the solar co. is being sued for btw; 1 of the 3 suits against them is by a bunch of their employees for not being paid for the hours they worked. And I actually did read the contract but too fast & with the salesperson nattering away at me the whole time (gee, I wonder why), I made the plain & simple human error--which all humans have done at least once in their life unless they're a sociopath--of not paying enough attention to what I was reading. So I made a mistake; these big companies need to tone down the shysterism a lot & stop trying to get people to sign their souls over to 'em so to speak.
  12. 1 point
    USslang

    Breaking Solar Lease Agreement

    I'll be honest with you officerripley that you HAVE been sort of defrauded by solar co!!! They got you on a hook. It's obviously wrong. I would too breach thre contract, many people probably do, solar co's can't go after everyone. Sales/marketing crew that walk around and sell the fraud with a conspiracy theory that raises customer's impulse to jump into the deal... I've studied their selling techniques and I cant blame the buyers they WERE defrauded. They're like soldiers, finecomb brush through neighborhood with their conspiracy theory that you would beat prices, beat edison's rates. They come up to you saying have you heard the news of what's going on in your neighbourhood? " san onofre power plant has been shut down and the electric bill rates are about to spike up... or "you're probably wondering what our work trucks are doing in your neighbourhood, fyi we work with edisons green energy... we're non profit. So on n so forth.. there are many stories they get you with, that's just one out of 1000s. They use terms to stimulate customers' greed, fear, and other 3 aspects responsible for your decision making that will surely CLOSE the sale eg. "Just like your neighbor did." - is one way to stimulate one's greed. They may even approach you as if they're from edison, or your electric co at first. Then confuse you into the conversation so that you forget they said they're "working with edison", namedrops, (because they're connected to edison's grid now makes them "they work with edison") semantics, and the like premeditated techniques refined daily by groups of skilled sellers... I think I somewhere have a copy of the selling approach... many sellers are skilled former telemarketers. That work for marketing company which skillfully sell for solar companies now. I'D breach the contract and spread the word for others to do so too... Have you watched the movie Pay it forward? At harvard psych 1508 on psychology of leadership they broke down how to mass contaminate people with information. Be a contageous leader by making others spread the info exponentially. At the power of 64 you'll cover the whole planet! Only 64 steps was required to cover the whole planet with Rice! Not even people. So you need even less steps than that... if you're confused let me know I'll explain you the trick better...
  13. 1 point
    officerripley

    Breaking Solar Lease Agreement

    Thanks, USslang! I've tried to register at truthinadvertising.org but something's wrong with their site, I guess: have tried registering with 2 diff. email addresses but keep getting a "You're Temporarily Locked Out of Your Account; click here & we'll send you an email to unlock your acct." (Clicking on that link & getting the unlock email doesn't work either, of course.) I left feedback on their site about that & hope they get back to me soon; I'd love to join that class-action suit. Another site I was on said that you really don't have to do anything to join a class-action suit; that if you're a customer of the defendant company you're auto. included in the suit & that whoever files the suit will be contacting you; but I have never been contacted altho the suit was filed in Sept. 2017.
  14. 1 point
    I still can't tell if this means entirely on her property or straddling the property line. The problem is that, if the fence was entirely on the neighbor's property, you bought your property subject to the neighbor doing pretty much anything with her property and structures located on her property Again, in the absence of HOA regulations (or any relevant zoning ordinance), she could have torn everything on her property down and built a bunch of crazy stuff in crazy colors, etc. That the prior owner of your home apparently erected a fence on your neighbor's property doesn't make it "your fence." Sorry.
  15. 1 point
    So...the neighbor claims the fence is on her property? Is this claim correct (i.e., was the fence that your neighbor removed located on her property or your property or was it straddling the property line)? From reading through the thread, I can't tell which was the case, and that's the single most critical fact. What does "amends the issue" mean? I'm confused about this. Based on the picture you posted in your follow up post, I'm at a loss to understand how any sort of fence of the sort depicted at the location marked would prevent or deter burglaries in any way. If the existing fence was located on her property, then she was entitled to remove it and has no legal obligation whatsoever to install a new fence. If that's the case and you want a new fence, you are free to install one yourself at the edge or your property. Of course, all this assumes there are no relevant HOA regulations (which, based on the picture, probably isn't a good assumption). On the other hand, if the fence was on your property, then your neighbor had no legal right to remove it, and you have a valid claim against her for damages. If the fence straddled the property line, then it's a more difficult situation.
  16. 1 point
    If the fence wason her property then it is either (1) her fence, or (2) encroaching on her property. In either case she is entitled to remove the fence and is not obligated to replace it with anything.
  17. 1 point
    RetiredinVA

    Communication

    It would be unusual for the grocer's insurance company to contact you. Once the insurer or defendant is on notice thhat you have retained an attorney they will only correspond with the attorney. Something is not right there.
  18. 1 point
    You haven't answered the question, was it a fence on your property or was it a boundary fence on the property line?
  19. 1 point
    What if she won’t install a fence back what to do in such situation? You can always put up your own fence on your property.
  20. 1 point
    SammieGIrl

    Communication

    Your nowhere near being inpatient. 2 months? That's unreasonable for sure. Here's what I see. The grocery chain where this horrific event took place is hoping that you'll simply go away and not pursue a claim against them. Why don't you seek out a different attorney to handle your claim? Does it have to be this attorney who is ignoring you? Absolutely send them a final notice via registered mail (so you know they received it) and demand that you be updated on everything that has unfolded--and if nothing has unfolded then your definitely going to seek out another attorney. Don't wait!! It really sounds like they're giving you the runaround. You need to be your own advocate and get this going! The grocery chain should of certainly gotten hold of you by now. Like I said--they want you to go away since they only see dollar signs!
  21. 1 point
    Your neighbor sounds like she's not planning on putting up the fence any time soon. You've already been patient for a month and now I'd approach her with a deadline. Is this a good neighbor fence? I take that it separates your properties? What if you had pets that needed to be safe & sound while in your backyard? Seriously, I'd approach her and put it in writing that a deadline is in place and that perhaps she should hire a contractor to put the fence up if her feet hurt. I understand that you must live next door to this idiot but enough is enough. You may have to take her to small claims court if she continues to refuse to put the fence up. Would it help if maybe you offered to help her put the fence up? I mean anything to get your privacy and a sound mind back! Keep us updated! Good luck.
  22. 1 point
    pg1067

    Communication

    I don't know if you're being impatient, but you're not being unreasonable. Ignoring a client for two months and not responding to communication attempts is utterly unacceptable. I suggest you call the attorney's office and attempt to schedule an in-person meeting to discuss your concerns. If you're unsuccessful in scheduling a meeting, then you'll have to consider sending a final written notice that, unless the attorney responds to you, you'll be seeking new legal representation.
  23. 1 point
    pg1067

    Sammiegirl

    You are, of course, free to give your brother a share of the estate equal to what he would have received had there been no will or your mother hadn't disinherited him (or any other amount you desire).
  24. 1 point
    ElleMD

    Child support questions

    Is this an ex-husband or ex-boyfriend? If spouse, are you legally divorced or just living apart? If an ex-boyfriend, he doesn't legally owe anything until after a court has established paternity and you have a court order for support. The above is what you are likely to receive if that happens, but you have to file with the court to obligate him to pay.
  25. 1 point
    RetiredinVA

    Child support questions

    $371.25 per month. See https://www1.nyc.gov/site/hra/help/child-support-calculator.page-
  26. 1 point
    pg1067

    Big rig broke down within 2 weeks!

    Depends on whether he got a warrant and, if so, what the terms of the warranty are. There is an abundance of information available online by googling "california lemon law." That said, the "lemon law" only applies to new vehicles bought or used primarily for personal, family or household purposes and vehicles with a gross weight under 10,000 pounds bought or used primarily for business purposes (provided the owner or business has no more than five registered vehicles in California). Not sure where "LegalwriterOne" got the idea that it doesn't apply to compact cars. Is your son's "big rig" more or less than 10,000 pounds?
  27. 1 point
    LegalwriterOne

    Big rig broke down within 2 weeks!

    The CA lemon law doesn't apply to used vehicles, big rig or compact car. Unless the dealership provided a written warranty, the sale was as-is and the cost of repairs are the buyer's problem.
  28. 1 point
    knort4

    Sammiegirl

    If your mother wanted to disinherit your brother, she should have made her wishes known to the attorney so that the attorney could have advised her to put a phrase in the will that specifically disinherited him and also give a specific reason as to why she was doing so, or to leave him $1.00 just so the point would be made.
  29. 1 point
    Unless the employer either files a criminal complaint with the prosecutor over this and the prosecutor files charges or the employer contacts your probation officer and your probation officer decides to oppose the early probation release as a result this should not have any effect on your early release effort. The details would matter, of course, but I'm having trouble seeing that even if they had some kind of proof that you did log into her computer to do work for her how that would amount to fraud against the state. The employer, if it has any smarts, will be careful about making any unsupported allegations as that would open it up for a potentially costly defamation lawsuit.
  30. 1 point
    There is no legal recourse for her saying it to YOU. Has she said it to anyone else (other than your wife)? If so, who? And how do you know? Have you suffered any financial damages due to her accusation of you to third parties?
  31. 1 point
    pg1067

    Sammiegirl

    Then how do you know the will exists? He can, but he'll lose unless he has something more than that. Here's a relatively short article discussing the bases on which a will can be contested under California law. You might also want to read some of these search results.
  32. 1 point
    Perhaps you will understand that if you can't write properly, others may decline to interpret your bad writing.
  33. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    The attorney may have provided enough information. But as I discussed earlier, the bank would have had no more than 5 banking days to get a hold on the account in place, and that may not be enough time. Moreover, the bank can point to the father’s and the estate’s delay in notifying the bank that he was divorced and the POD was no longer effective as contributory negligence. Had your father done that while he was alive, after all, this never would have happened. Or the estate had gotten in place timely and acted to notify the bank earlier this would not have a happened. So even if a jury says the bank was negligent by not acting in the 5 bank days it had (which is by no means a sure thing) the bank might still win on contributory negligence. The ex-wife, on the other, had no right to the money and it should be more straightforward to get a judgment against her for its return. You’d likely sue both at the same time, but I think getting a judgment against the bank under these facts is kind of a long shot.
  34. 1 point
    He's full of crap. He's blowing smoke to scare you into forking over money. Stop talking to him. Talking just gets you into a deeper hole. Say this one time: "You bought it as is. Don't ever bother me again." Then hang up and block his calls, texts, emails, etc. If he sues you he sues you. He isn't going to win. Of course, if you want to succumb to hot air and open your wallet, that's up to you.
  35. 1 point
    pg1067

    car sold after divorce with forged signature

    Sounds like you have a case to have him held in contempt for violating the divorce decree. Consult local counsel.
  36. 1 point
    pg1067

    How long will it take to get a final divorce?

    Not really sure what this means. It will take as long as it takes until you do what is needed. Are you the petitioner or the respondent? If you're the petitioner, did you serve the summons and petition on your spouse? If so, did your spouse file a response? If not, did you take your spouse's default? If your spouse did file a response, what have you done to move the case along to trial? If you don't understand how to move your case long and don't have an attorney, you need to hire one. Otherwise, I suggest you spend several hours at the county library looking through the Rutter Group's Family Law practice guide.
  37. 1 point
    pg1067

    actuallycyndi

    You didn't ask a question, so I'm not quite sure what the purpose of your post is. Obviously, the first thing to do is talk with the neighbor's son about fixing or paying for the damage. What you do after that depends on what response you get.
  38. 1 point
    pg1067

    Assumed Survivorship on Bank Account?

    Ok, but none of that applies to a jointly owned asset, such as a bank account. It would be different if the account were solely in your father's name and he had designated his ex-wife as beneficiary, but that's not the situation you described. You told us this was a jointly owned account. I generally tell folks to run away from lawyers who proclaim something is "black and white [with] no gray area." It's possible that your father's estate may be able to take action to enforce this obligation. Honestly, I question the intelligence of any attorney who interprets section 123.151 to apply to the situation you've described. As far as the letter you mentioned, I'd need to read it before commenting about its effect. However, if the letter cited section 123.151 as a basis for the ex-wife not taking the money, then I think the bank properly ignored it. New information. However, unless the bank was on notice of this, it was entitled to treat its account as it otherwise would under the terms of the account agreement. A letter from an attorney carries no legal weight, except to the extent that the letter put the bank on notice of something.
  39. 1 point
    Tax_Counsel

    Criminal Offense or Civil or ?

    If she somehow managed to get the bank to give her money from an account to which she was not an owner (and she knew she was not an owner) then she committed a theft or fraud offense. But note that it was not the use of her married name itself that gives rise to the problem. She was identifying herself — just using her prior married name. It is not like she was impersonating someone else. So the question becomes, regardless of the name used, what rights she had to the account and what knowledge she had of it. As a result, the additional context you wish to leave out does in fact matter.
  40. 1 point
    adjusterjack

    actuallycyndi

    None of which has anything to do with how you get compensated for the damage. I suggest you get a written estimate for the repair then send it to your neighbor with a demand letter and a deadline date to pay. Attach a copy of a completed (but not filed) small claims complaint form. (LA limit is $5000.) That might get her insurance company involved and get you the money. If the deadline passes, you file your lawsuit naming both the neighbor and the son. You can do that without a lawyer. If the first demand didn't get her insurance involved, the lawsuit is likely to.
  41. 1 point
    JackofTrades

    Requesting a change of venue

    I am considering requesting a change of venue? Can I request this anytime ? I filled an ECO mid summer, my ex has had supervised visitation and still currently has them its still going my way sorta but we had a pre trial conference and there was some modifications to the supervision in my ex favor but its still supervised my ex has a family member that has worked for the court house for years but not currently at the time but my ex family member has traveled 600 miles one way to be at every hearing. and my ex family member has conversations with multiple people working in the office I'm talking like hugging and I miss you like my ex family member was friends with everyone, and I know my ex family member was really good friends with someone that was high in authority in the court house. why I know is because I have been in this persons house to attend his pets when they are out of town a couple times. I like to think they wouldn't intervene in the safety of a child. I am a very humble person that thinks the best in everyone and I have new evidence that should be a nail in the coffin but should I present it before the request or should I just ride this out if a judge doesn't go the way I want then request a change? I am paying for legal help and I have brought this up but they said the judge would do whats best for the child at the first hearing my legal help even recognized the family member we are going against. and the judge already said that this was not permanent or a punishment for my ex and the judge said she personally knew my ex family member and granted her over nights when they are in town and I'm tired of forking out money when I am completely capable of raising my child and letting my ex have visitation when ever they want I haven't tolled my ex no in 8 months on visitations
  42. 1 point
    knort4

    Assumed Survivorship on Bank Account?

    Since you already stated that this is NOT a POD account, all of the laws you cited only relate to POD accounts and are not applicable in this situation. Truly a fascinating case you have here. It can not be definitively decided on this message board because you have not been told specifically what type of account it was. Probate is not the only factor involved here, general business law on what happens with a bank account will also need to be looked at. Perhaps it would have been helpful if your attorney had cited in his letter to the bank, the specific reason or law that supported his contention that the money should not be distributed (or maybe he didn't want to reveal that). Any business law attorney should be able to help you if he/she can show you citations of specific cases where he/she has sued banks in the past. Whether she was entitled to receive the money will depend on what type of account it was and here are some options, but it might still work out in your favor: ------------- http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.113.htm ESTATES CODE TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL CHAPTER 113. MULTIPLE-PARTY ACCOUNTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 113.052. FORM. A financial institution may use the following form to establish the type of account selected by a party: UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM NOTICE: The type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts. You may choose to designate one or more convenience signers on an account, even if the account is not a convenience account. A designated convenience signer may make transactions on your behalf during your lifetime, but does not own the account during your lifetime. The designated convenience signer owns the account on your death only if the convenience signer is also designated as a P.O.D. payee or trust account beneficiary. Select one of the following accounts by placing your initials next to the account selected: ___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the name of the party: ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party's estate. Enter the name of the party: ________________________________________________________________ Enter the name or names of the P.O.D. beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes to the surviving parties. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ (6) CONVENIENCE ACCOUNT. The parties to the account own the account. One or more convenience signers to the account may make account transactions for a party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party's estate under the last surviving party's will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties' ownership of the account. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s): ________________________________________________________________ ________________________________________________________________ ___ (7) TRUST ACCOUNT. The parties named as trustees to the account own the account in proportion to the parties' net contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes to the beneficiary. The trust account is not a part of a trustee's estate and does not pass under the trustee's will or by intestacy, unless the trustee survives all of the beneficiaries and all other trustees. Enter the name or names of the trustees: ________________________________________________________________ ________________________________________________________________ Enter the name or names of the beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ACKNOWLEDGMENT: I acknowledge that I have read each paragraph of this form and have received disclosure of the ownership rights to the accounts listed above. I have placed my initials next to the type of account I want. _______________________ Signature *************************************************************************************
  43. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    Attorneys are simply representatives of whomever hires them. Being an attorney who handles probate matters does not give the attorney any special power or authority. Rather, it would matter exactly what the letter said and to whom in the bank the letter was sent. The bank is not going to freeze an account simply because an attorney sends a letter telling the bank to freeze it. After all, if the bank freezes the account without sufficient justification the bank is potentially in breach of contract with the account holder and may be liable for harm that might result if it turns out the freeze was improper. The letter would have to explain on what basis the attorney’s client has for the authority to have the account frozen. Just saying that the ex doesn’t “have legal rights to the account” wouldn’t cut it. The bank’s records show her as the owner of the account. It would therefore need to something that negates what it has in its records before it will act. If the letter explained that the court awarded your father sole ownership of the account in the divorce and included a copy of the divorce decree highlighting the relevant portion of it, that should be sufficient to put the bank on notice of the dispute. So what exactly did the letter say? Did it include a copy of the court order highlighting the part in which the court gave your father that specific account? Even if that was done, where was the letter sent to in the bank? Bear in mind that your basic teller or customer service rep at a bank isn’t going to have the authority to freeze the account. The letter had to get to someone who had that authority, and that person may well need to consult the legal department to ensure that there is a good basis for the freeze before doing it. So routing it the right person and then getting the necessary legal review and then actually getting the freeze input would likely take at least a few days. A week contains at best 5 banking days, and that might not have been time enough for all that to happen and get the freeze in place. It would have been better to have a court order directed to the bank in which the court orders a freeze on the account pending resolution of the dispute. A court order, served on someone in the legal department, would likely have received pretty prompt attention. The point is that that a lot of things had to line up for the bank to act and even then it might not have been realistic to expect that to occur in time to stop the ex from making the withdrawl(s) seven days later. You’d want to review all the facts with the attorney to see how likely it is that the bank might be held liable to return those funds. I think in the end it is more likely to fall on the ex directly rather than the bank, but all the details do matter.
  44. 1 point
    Tax_Counsel

    Assumed Survivorship on Bank Account?

    Right. The bank would not have known of the divorce decree unless one of the parties put the bank on notice of it. That would have fallen on your father to do as his ex-wife would have had no incentive to do it. He needed to get to the bank and have her removed as an owner of the account. If he never informed the bank and didn’t get the bank to fix the account there is probably no claim against the bank here. Still, as between your father and his ex-wife that decree is binding and could form the basis for a claim against her to recover what she took from the account after that decree became final.
  45. 1 point
    anker

    videotaping

    While visiting my 89 year old Mother at her home,I was threatened with bodily harm by a caregiver. I filed for guardianship because of the care my Mother was receiving from these caregivers. I am soon to be appointed guardian and they are very angry, knowing they will soon be replaced. I have always been respectful when visiting. My question is, can I secretly videotape when visiting my Mother, and can I show it to the police if they threaten me again. There are always two or three caregivers and it would be three caregivers denying any threats made to me.
  46. 1 point
    You need a lawyer. All the state needs to prosecute you for the possession is probable cause. Your father's statement that he found the drugs he turned over to the police in your purse would be good enough for that. In order to convince a jury to convict, however, the state must prove you guilty beyond a reasonable doubt. If you can cast doubt on your father's testimony that might be enough to win. You have not said anything about why your father would turn you in for drugs nor why your boyfriend was in court, but I'm guessing there is some conflict between you and perhaps if you can expose that conflict you might be able to convince a jury that he set you up for the charges. Of course, if the problem is that your boyfriend does drugs and the drugs in your purse were either yours or your boyfriend’s, your father might explain that his problem is your drug lifestyle, and that might not be helpful, so a lot depends on the details of what is going on. While Colorado has legalized weed, jurors will have less sympathy for other drugs, especially meth and other really destructive drugs. It will matter in what county you are prosecuted, too. If you have alcohol and/or drug use problems, you need to really get a handle on that or these legal problems will keep happening.
  47. 1 point
    You are correct that the MN statute does define crime of violence as a felony conviction of any of the statutes listed in MN § 624.712.5. If your conviction was simply a misdemeanor conviction of MN statute § 609.2242 and that is the basis for the prosecution then you ought to be able to get that charge dismissed. But note that under federal law, any conviction of a crime of domestic violence, whether misdemeanor or felony, makes it illegal for you to possess a firearm. If you succeed in getting the state charges dismissed, it is possible the state prosecutor will refer the matter to the feds for prosecution instead. I suggest you discuss your situation with your attorney to determine the best strategy here to deal with your situation.
  48. 1 point
    pg1067

    My Dad deceased with no will

    Of his pension plan, right? Your father was free to designate whomever he wanted as the beneficiary of his pension plan. That he may have erroneously designated his girlfriend as a "common law wife" doesn't really matter. Regardless of anything he told someone who then told you what he told them, the only thing that matters is the written beneficiary designation that your father provided to the pension plan administrator. It is possible that your father had no bank accounts in his name alone and that his bank account(s) were joint accounts with his girlfriend. It's not clear what other assets you think he might have had, but it's possible that his estate consists of very little or nothing of any value (other than sentimental value). The following types of assets are not part of one's "estate": (1) assets owned jointly with someone else and which pass to the other joint owner by operation of law (e.g., real property owned as joint tenants and joint bank accounts); (2) assets with designated beneficiaries (e.g., life insurance and various types of retirement benefits); and (3) assets owned in a trust. Since these types of assets are not part of the estate, they "pass outside the estate." If you believe your father's estate has substantial value, then you should consult with a probate attorney in the area where he lived. By the way, most attorneys who handle wrongful death cases are not also probate attorneys. While most/all attorneys should know the basics of probate law, it is entirely likely that the attorney handling your wrongful death case won't have any particular expertise in this area. Then it probably will be extremely difficult to separate out assets that were solely your father's from assets that he owned together with his girlfriend. Under New Jersey law, when a person dies without a will and is not survived by a spouse but is survived by children, then the entire estate passes to the children. However, as noted above, things like a pension are generally not part of the estate. I'm not sure if "we know otherwise" refers to anything other than the pension. As explained above, if your father designated his girlfriend as the beneficiary of his pension (and even if he erroneously referred to her as "common law wife"), then that money is hers and is not part of the estate. All you know is what he told you or you heard him say. You have no way of knowing what he may have said to others when you weren't present. Moreover, if he listed his girlfriend as the beneficiary of his pension and (erroneously) designated her as his "common law" wife, then what you purport to "know" obviously isn't correct. Foremost among these reasons is that the lawyer was retained to file a wrongful death case, not a probate case, and is (probably) a personal injury lawyer, not a probate lawyer. :-)
  49. 1 point
    pg1067

    HOW TO SUE SEWER CO.

    So...now you're in Indiana and not Ohio? How you sue is by preparing a complaint and filing it in the appropriate court. If your posts here are any indication of your writing ability, you won't be able to do this yourself and will need to hire an attorney.
  50. 1 point
    Tax_Counsel

    TAXED ON INHERITENCE $

    You have indicated to me that this was from the sale of a large commercial property, that the proceeds are being divided among a large number of beneficiaries, and you are receiving your share of the sales proceeds next month. Louisiana presently does not impose either an estate tax or inheritance. The federal estate tax should have been paid by the estate and so long as that was done you would not have to worry about paying any federal estate tax on your share of the estate. The one tax issue that you may have is that there may be an income tax gain or loss on the sale of this property. If the property was sold by the decedent’s estate and the estate is the one distributing the sales proceeds to the beneficiaries then each beneficiary will include on his/her income tax return his/her share of the estate income, deductions, and credits. That information will be provided to each beneficiary on a Schedule K-1 which the estate will provide when it files its income tax return (Form 1041) with the IRS. You then report the information on your return as directed by the K-1. Ask the executor when the K-1 will be sent out. Whether there is any significant income tax gain here depends on details of how the property was owned, what it was worth at the time of the sale, and what it was worth at the time the relative died. You’d have to ask the estate executor about what gain may be allocated to you from the sale if you really need to know that before you receive the Schedule K-1. If the property was distributed to all the beneficiaries (i.e. the property is in the beneficiaries names) and the beneficiaries are the ones selling the property rather than the estate then each beneficiary will report his/her share of the sale directly on his/her personal income tax return on Schedule D of Form 1040. To do this you would need to know the adjusted basis of the property, the gross sales price, and the expenses of sale. If the relative owned the property directly in his/her name (i.e. not through a corporation) and the property was sold very soon after the relative died then it is likely that there is not much income tax gain on the sale, which would mean you would have little or no tax to pay as a result of the sale. But until you get that K-1 or find out from the executor what the gain was I suggest you not spend all that money you are getting. Park the money in some secure investment or FDIC insured bank account until you get the K-1 and file your own return to ensure you have the money to pay the income tax to the IRS and the state. Edited to add: you also asked me: It is possible to trade one investment property for another one (you cannot do it with your personal residence) and defer paying tax on the gain. This is an exchange under Internal Revenue Code (IRC) section 1031 and also known as a “like kind exchange”. But in order to make that work you cannot receive cash from the sale of the property you are giving up. You either must directly trade properties with the other person or you have to use an intermediary to hold the proceeds from the sale of your property and have the intermediary pay that to buy the new property. If you ever get control of the cash yourself that blows the like kind exchange and you have to pay the gain from the sale now instead of deferring it. Since you are getting a check from the sale of the property this is not something you can do here.