Popular Content

Showing content with the highest reputation since 05/15/2012 in all areas

  1. 2 points


    Good question. But I think the "huge ass" part of the phrase refers to the size of the bowl. Like in "That's a huge ass Cadillac you're driving."
  2. 2 points

    HAVE to show I.D.?

    No. Read this: https://en.wikipedia.org/wiki/Stop_and_identify_statutes But how would you know what the officer suspects or doesn't suspect? Answer: You don't. You could resemble somebody who just robbed a store around the corner. You could end up on the ground with your face rubbing the pavement while you are being handcuffed and then you get to argue the officer's behavior in court long after the damage has been done. If an officer stops you while you are innocently just walking down the street, don't be one of those "I got rights" people. He may have a reason for asking you for ID that you don't know about and I don't see any harm in providing it and then being sent on your way if all is well. If your question is based on something that actually happened to you then give us the details so our comments might be helpful instead of meaninglessly speculative.
  3. 2 points


    Let's keep on track with the subject at hand, everyone. You can disagree without dwelling at length on the extent of your disagreement with each other. I've removed the 'extraneous' posts.
  4. 2 points


    Are you working now? Are you living on your own? Did a court grant guardianship of your daughter to your parents or was this an informal agreement? Your parents have raised your daughter, and understandably they have a bond with her and they will almost certainly fight your efforts to get your daughter back. You will need to demonstrate that you are able to provide for your daughter by establishing that you have a stable work history and housing arrangements. If you are working, you will have to have a plan in place for her care while you are working. I'm not sure why you are even mentioning having another child when it appears you can hardly care for yourself, let alone two children. You do need to retain an attorney for assistance with this. Check with Legal Aid or your State Bar's Lawyer Referral program. They should have a program that would allow you to meet with an attorney one time for no fee or a very nominal fee.
  5. 2 points
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  6. 2 points

    Executor vs Executor

    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.
  7. 2 points

    Competent? Ethical....need help!

    Hi @Shelbi2016 A few issues which may interest you: (1) testamentary capacity, and (2) undue influence. You may want to discuss these issues as they pertain to your case with an experienced trust and estate attorney. Best of luck! The FindLaw.com Team
  8. 2 points

    I am a Victim of Scam and Fraud

    I once met a nice looking person online. The person needed me to provide a cellphone so we could speak directly. A sister in UAE (I think it was) would receive the phone and deliver it when she visited. Fortunately, at about the same time I also received a nice letter from an oil ministry worker in Nigeria who had money he needed to transfer. So I put them in contact with each other. I hoped it worked out for the best for them.
  9. 2 points
    Hi @PlainlySecret Welcome to the community and thanks for posting. So sorry to hear about the attack against you and all that you have endured. If the police locate a suspect you can likely initiate a civil action against that person. In the meantime, you may want to speak with a worker's compensation attorney just be totally aware of your right since you were injured while attending a work training. It may be possible that worker's compensation might pay for your out-of-pocket expenses and lost wages. You can also speak with a civil attorney about initiating a lawsuit against Baltimore who can advise you about the likelihood of succeeding in a claim against the city. Best of luck with your case and keep us posted! The FindLaw.com Team
  10. 2 points

    Failure to diagnose and treat and Lab errors

    If your condition is as serious as you believe it is, and I have not reason to doubt you, your best course of action is to take the $500.00 you have, go and see the doctor of your choice and get him/her to treat you. Then you will have a measure of damages to take to an attorney. Right now, your damages are speculation at best and $500.00 is not enough to get an attorney even started. At $300.00 per hour, it will go fast.
  11. 1 point


    Let me put it this way. Since the comments have stopped, I think you'll have a very difficult time proving that it's because you have African-Americans in your family and not because the two new employees are related to senior management. Whatever the truth may be, when there's both possible legal reason and a possible illegal reason, you'd need some pretty clear indicators that it's the illegal reason and not the legal one.
  12. 1 point

    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

    Child support questions

    $371.25 per month. See https://www1.nyc.gov/site/hra/help/child-support-calculator.page-
  14. 1 point


    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.
  15. 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.
  16. 1 point

    Assumed Survivorship on Bank Account?

    So, it appears that Chase did make a mistake--so it begs the question of did they know or did they NOT know she was his ex-wife at the time they made the payout.
  17. 1 point
    If he's in another state, you would need to domesticate the judgment that ordered the support in order seek enforcement of the support order there. No one on here can walk you through that. You will need the assistance of counsel in that other state.
  18. 1 point

    Job Ended

    Have you asked your current company why they consider you to be not in good standing with them? The answer to that question may help you with deciding your next steps.
  19. 1 point
    Also, very sorry. I am obviously not tech savvy either. I am really not sure what even happened but I've clearly never used the quotes portion of a forum. I really appreciate you sharing your knowledge. You speak (type) very clearly and explained all of this much better than the lawyer did. You and adjusterjack are awesome. From the bottom of my heart, THANK YOU!
  20. 1 point


    And I can't believe you are responding to a posting that is over 3 years old.
  21. 1 point
    I don't know of any reason why the district attorney cannot have you indicted on the original charges if he be so advised. Moving the court to reduce the charges is not an acquital or determination of the validity of the original charges so double jeopardy does not apply. Ask your law school friend to provide you with some basis for his position and post it here so we can discuss it.
  22. 1 point

    County won't pay restitution for their mistake.

    Our family has a cabin that's been used for generations in the Sierra Nevada mountains. Apparently there was a illegal marijuana grow across the stream but well hidden from us and the public, we had no knowledge or association with this illegal grow. One day in August while entering the entryway to the cabin we saw several Ca Fish & Game and County Sheriffs leaving our cabin site. Upon arriving to our cabin we noticed two doors smashed down, glass and debris everywhere and our new pitched sleeping tent slashed. One of the sheriffs returned to our cabin site because he knew we had seen them leaving the area and wanted to address the issue of our destroyed property. We were told that they raided the illegal pot grow that was across the stream, that one of the caught suspects had stated that another suspect had ran off in the direction of our cabin. The sheriff went on to tell us that they had made a mistake by damaging our property, handed us a detective's business card with handwritten extra contact information and told us to contact their office to file a report of damage & get restitution. On this same day we noticed the sheriffs/fish & games vehicles filled with the cuttings of the illegal marijuana grove driving by. We asked how they were the disposing of it and we were assured that they had proper disposal methods. So we contacted the sheriff's office to obtain their forms to file a claim, this took numerous calls and messages before finally getting the proper paperwork. We filled out their forms, enclosed estimates for repairs & tent replacement. We waited several weeks with no reply, finally we made contact with the Sheriffs Office, we were told that they had a time frame where they could approve or deny our claim. We informed them that we do have photo images of them playing "Rambo" on our cabin and tent, that they never & refused to show us their original search warrant, that we had seen their "proper" disposal" of the illegal marijuana which entails them just dumping it off the nearest shallow ravine. We also informed them that we had witnessed many teenagers and youth easily salvaging the marijuana clippings over the next few weeks, this contraband most likely making it's way into Butte County. We waited about 45 days for a reply and restitution from County Sheriffs office and their Board of Supervisors unfortunately they denied our claim. We are shocked and angry, our cabin has no doors has glass & debris everywhere, has attracted bears and other wildlife into our cabin and has made it unsafe for our grandchildren to continue the legacy of weekend visits to our cabin. Is there any legal steps we can pursue? Is it possible to get restitution? How does this country get away with their "Rambo" tactics then sweep their mistake under the carpet? We are considering publicly exposing their mistakes, we do have photos and witnesses.
  23. 1 point

    Right to Farm

    You're CC&Rs trump the statute because your CC&Rs are your contract. The law allows you to farm. The CC&Rs that you agreed to tell you what you need to do to be able to farm. Your interpretation of "yard" is obviously different from the HOA's interpretation of "yard." Yes, you can be fined if you don't submit the form. Maybe they can't force you to remove your crops but they can fine you X dollars a day for every day the crop exists and ultimately put a lien on your property or sue you in court for the money. Don't anticipate trouble where there might not be any. Submit the form and see how it goes. If you get denied, then it's up to you if you want to hire a lawyer to argue the definition of "yard" in court.
  24. 1 point
    I would suggest you direct your questions to your lawyers rather than anonymous strangers on the internet. Whether you may win or lose depends entirely on the facts, the adjuster, and the court in which the case is filed.
  25. 1 point

    Wanting a Original hearing

    You first need to determine what the charged crime and court imposed sentence was,and a simple call to the Clerk of Court,will quickly give you the answers to that.Also,you could check the Utah Department of Corrections website,do an inmate search by entering his name and/or his inmate ID#.If this available in Utah,it will show the exact charges,sentences,and any Tentative Parole Month,(TPM) Without knowing the particular Statute he was sentenced under or weather the plea agreement you mentioned was rejected by the judge,it's uncertain to know what actually happened.You should be aware though,that even if the prosecutor offered a plea agreement to which your friend accepted,it was still up to the judge to sign off on it,and they can lawfully outright reject any plea agreement offered by the state. Also,be aware,that parole is a privilege,not a lawful right,meaning that if the judge did in fact sentence your friend to 26 years,the parole board,who has full discretion can make him do every day of it.
  26. 1 point

    Illegal Seisure of Vehicle

    I was pulled over for nothing at all, just because of my tattoos and criminal past. The officer had no answer when I asked him why he pulled me over, he then impounded my car and let me walk without a ticket or anything? My license is valid, as well as registration and insurance. He said it was parked where it wasn't supposed to be after he searched the whole vehicle and didn't find anything, I have pictures of where my car was parked and there was nothing illegal about it. Well, a week later I get arrested for something I had nothing to do with and they said they needed to keep my car for investigation, well the case was closed and dismissed so therefore they took the hold off of it at the impound yard but now the impound yard wanted to charge me $1,600 to release the car to me, I do not have that type of money and since I was proven innocent and it was illegally taken I think they should have to pay the fine to get it out, but as of now, it has been too long and the impound yard sold the car. How do I go about this? What are the laws that have anything to do with taking a car for no reason? and whats protocol on giving someone something that rightfully belongs to them?
  27. 1 point
    I will leave your question to tax counsel.. But it is fairly clear that if you deposit more than $10,000 cash, the bank will report the transaction to the IRS. I would advise you to get yourself divorced from the property in any event. If your brother is growing unlawful vegetation on property that belongs partially to you you may very well be facing arrest. If he is doing so and hands you $10,000 or more in cash from the profits that may put you away for a long time.
  28. 1 point

    EEOC complaint or not?

    You can speak to an attorney at any point, but you can't sue before you have filed with the EEOC/state agency first. I would think working in HR that would be something you already knew.
  29. 1 point

    Anticipated Child Custody Case

    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?
  30. 1 point

    Perjury - How to prosecute

    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?
  31. 1 point

    Is being intoxicated a defense to

    One of the wonderful examples in the English language of two words that are pronounced the same but have very different meanings. It's one of the reasons that persons learning English as a second language find it hard to master. But it is also one of the reasons witty writers can do so many wonderful things in English, too. JusCogens’ comment made me chuckle too.
  32. 1 point

    I need to change medical provider I was given

    If you are looking for a law or a legal concept that will force the workers comp commission to change your doctor, there isn't one. You either go with the doctor you were assigned, you hire a workers comp lawyer to act as your advocate or your pay for the surgery yourself.
  33. 1 point

    Faulty motorcycle helmet

    That's correct. First all, just because there are cameras doesn't necessarily mean there's video, and the more time that has passed since the accident, the more likely it is that any video that did exist will be deleted or destroyed. You didn't say how long ago the accident happened, but you or an attorney acting on behalf of your daughter should immediately send a letter to whomever maintains the cameras and request/demand that any video from the date and time of the accident be preserved. If video exists and whoever has custody of it won't give it up voluntarily, then an attorney will have to file a lawsuit on your daughter's behalf and subpoena the video. Same answer as with the video. Once a lawsuit is filed, subpoenas can be served on anyone with relevant evidence. "Justice" is in the eye of the beholder. Obviously, a hit and run situation suggests fault on the part of the other driver, but it apparently will be difficult, if not impossible to locate him or her. As far as the helmet goes, it's not clear whether your "opinion [that] his helmet was the cause of his death" has any basis in fact. Proving a product liability case is incredibly difficult (esp. on behalf of someone who was not the original purchaser) and expensive. Your post didn't mention whether or not an autopsy was done. If not, it may be all but impossible. For your daughter's sake, I hope your fiancé was a responsible parent and carried life insurance that named you and/or your daughter as beneficiary.
  34. 1 point

    Should I bring my neighbor to small claim court

    You had no written agreement at all. You didn't hire nor insist on speaking with the contractor doing the work before it was actually performed. It sounds like you didn't discuss a lot of things with this neighbor, but rather handed over a large sum of money and made a lot of assumptions about how construction would be performed, what materials were being used, building standards, which way the fence would face, etc. A lack of due diligence on your part does not constitute fraud on theirs. Neither does it matter that the neighbor is a realtor, nor that he knew this contractor before the work was performed. I would hope anyone hiring a contractor to perform thousands of dollars of work would use someone they knew and whose work they had seen previously (if possible). You have zero damages. You think this fence might not last, but it is unclear on what you base this belief. I assume you are not a craftsman yourself, or all of this would be an non-issue. What you have is a new fence, that must in some way, be an improvement over the old one. If there was nothing wrong with the old one, why pay to replace it? If you were not willing to cede all control to your neighbor, then you should have insisted on being part of the design process or selection of contractor, or had a written agreement outlining those things you felt were non-negotiable. If you just hand your neighbor a check and tell them to take care of all the details, that is exactly what they will do. Complaining afterward that you do not like the choices they made is too little, too late.
  35. 1 point

    Purchased a car

    He has no ability to "take [you] off the loan." Only the lender can "take [you] off the loan," and no sane lender will do that. And his name. Right? Not a whole lot (and not any legal remedies that I can think of) since you're getting exactly what you bargained for. Here's a question for you: If I had shown up on the day you bought this car and said to you, "Hey, is this really a good idea? What will happen if/when you guys break up? Don't you think it would be a good idea for you two to enter into a contract that provides for this very real possibility?" how would you have responded? You can, but as soon as you tell the police that both of your names are on the title, they'll stop taking the report because the car isn't stolen.
  36. 1 point

    Living Trust

    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.
  37. 1 point

    drug tests

    Are you on parole or probation. If yes, then it's legal. If you thought it was a false positive then you should have immediately got yourself tested elsewhere (and paid for it). Too late now. I suggest you consult a criminal defense attorney.
  38. 1 point
    Some parts of a divorce decree may remain open for modification. They include child custody, child support, and visitation. Spousal support may also be open to modification if there is a substantial change of conditions after the divorce is entered. But, if there are specific parts of the order, such as defined property distribution, that do not rely on future conditions, those parts of the order are not subject to later modification. You have not indicated what parts of the order are objectional so I cannot be any more specific.
  39. 1 point

    Circuit Court Orders

    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.
  40. 1 point

    retaliation discrimination

    I am quite confident that the EEOC does not say that because that is not an accurate statement of the law and, moreover, such a statement would exceed the agency’s jurisdiction. The EEOC only concerns itself with what it has jurisdiction to cover: discrimination by an employer against an employee or applicant based on race, color, national origin, citizenship, religion, sex, age (if the employee/applicant is at least age 40), disability, or genetic testing information. That includes any retaliation against an employee for exercising his/her rights related to discrimination that is based on one of those listed characteristics. The EEOC confines its comments only to that and does not offer opinions on what might or might not be illegal under laws it does not administer. Federal law also makes it illegal to retaliate against an employee for union organizing activities and for complaining to the Occupational Safety and Health Administration (OSHA) about worker safety issues or complaining to the U.S. Department of Labor (DOL) about wage and hour violations. Apart from that, it is not illegal under federal law for an employer to retaliate against an employee for most other things. State law may provide some additional protection for retaliation for other situations, but again most retaliation will still be legal. It is not the case under either federal or Washington state law that all retaliation is illegal. Only retaliation based on very specific circumstances is illegal.
  41. 1 point

    Court ordered to pay for college?

    I worked my way through college too but it's simply not really possible in many states given the tuition expense in today's world. What the court considers is set forth in 31-16-6-2: (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education in elementary and secondary schools and at postsecondary educational institutions, taking into account: (A) the child's aptitude and ability; (B) the child's reasonable ability to contribute to educational expenses through: (i) work; (ii) obtaining loans;  and (iii) obtaining other sources of financial aid reasonably available to the child and each parent;  and (C) the ability of each parent to meet these expenses; (2) special medical, hospital, or dental expenses necessary to serve the best interests of the child;  and (3) fees mandated under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669). (b) If the court orders support for a child's educational expenses at a postsecondary educational institution under subsection (a), the court shall reduce other child support for that child that: (1) is duplicated by the educational support order;  and (2) would otherwise be paid to the custodial parent. - See more at: http://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-16-6-2.html#sthash.g0AybsmK.dpuf
  42. 1 point

    Disability Discrimination/Harrassment

    Hi @bella08 Welcome to the community and thanks for posting! Sorry to hear about your situation. If you believe that you are being improperly denied reasonable accommodations, or have been discriminated against due to your disability, then you may want to speak with the Equal Employment Opportunity Commission, or speak with a local employment attorney. Best of luck! The FindLaw.com Team
  43. 1 point

    The History of Our Legal System

    Yes. I'm OK with that. What do you think about this next one? The Origin of Liberals and Conservatives Humans originally existed as members of small bands of nomadic hunters/gatherers. They lived on deer in the mountains during the summer and would go to the coast and live on fish and lobster in the winter. The two most important events in all of history were the invention of beer and the invention of the wheel. The wheel was invented to get man to the beer. These were the foundation of modern civilization and together were the catalyst for the splitting of humanity into two distinct subgroups: Liberals and Conservatives. Once beer was discovered, it required grain and that was the beginning of agriculture. Neither the glass bottle nor aluminum can were invented yet, so while our early humans were sitting around waiting for them to be invented, they just stayed close to the brewery. That's how villages were formed. Some men spent their days tracking and killing animals to BBQ at night while they were drinking beer. This was the beginning of what is known as the Conservative movement.. Other men who were weaker and less skilled at hunting learned to live off the conservatives by showing up for the nightly BBQ's and doing the sewing, fetching, and hair dressing. This was the beginning of the Liberal movement. Some of these liberal men eventually evolved into women. Those became known as girlie-men. Some noteworthy liberal achievements include the domestication of cats, the invention of group therapy, group hugs, and the concept of Democratic voting to decide how to divide the meat and beer that conservatives provided. Over the years conservatives came to be symbolized by the largest, most powerful land animal on earth, the elephant. Liberals are symbolized by the jackass. Modern liberals like imported beer (with lime added), but most prefer white wine or imported bottled water. They eat raw fish but like their beef well done. Sushi, tofu, and French food are standard liberal fare.. Another interesting evolutionary side note: most of their women have higher testosterone levels than their men. Most social workers, personal injury attorneys, journalists, dreamers in Hollywood and group therapists are liberals. Liberals invented the designated hitter rule because it wasn't fair to make the pitcher also bat. Conservatives drink domestic beer. They eat red meat and still provide for their women. Conservatives are big game hunters, rodeo cowboys, lumberjacks, construction workers, firemen, medical doctors, police officers, engineers, corporate executives, athletes, members of the military, airline pilots and generally anyone who works productively. Conservatives who own companies hire other conservatives who want to work for a living. Liberals produce little or nothing. They like to govern the producers and decide what to do with the production. Liberals believe Europeans are more enlightened than Americans... That is why most of the liberals remained in Europe when conservatives were coming to America . They crept in after the Wild West was tamed and created a business of trying to get more for nothing.
  44. 1 point
    It is extremely rare for individuals to file BK under Ch. 11, so I assume you've got that part wrong. What does "plea to be made trustee" mean? You wrote that this person was "appointed by [the] decedent." I assume that means that the decedent created a trust and, in the trust instrument, appointed him/herself as the initial trustee and designated this other individual as the successor trustee who would become trustee upon the death or incapacity of the decedent. If that's correct, then she already has been "made trustee." Hence the reference to a "plea to be made trustee" doesn't make any sense (unless the facts are not as they appear). You also wrote that "[a] beneficiary [has] petitioned the court to remove [the] trustee," which makes more sense. In California, removal of a trustee is governed by section 15642 of the Probate Code. The court does not have the power to remove a trustee simply because a beneficiary disagrees with the trustor/decedent's designation of a particular individual as trustee -- even if the court agrees with the beneficiary. The beneficiary must establish some malfeasance or nonfeasance by the trustee. In other words, neither a beneficiary nor the court has the power to remove the designated trustee simply based on second guessing of the trustor's decision.
  45. 1 point

    Non Custodial parents rights

    If you don't know how much your ex makes, how do you know she makes a lot more than she did before? Just askin'. If it's been more than three years since your last child support review, or if you have reason to believe her income has changed significantly, you are free to file an action to have your share of support reevaluated. Both you and your ex will be required to produce detailed income statements for the court. Your ex's spouse (and yours if you have one) might also be required to submit statements as well. Their separate incomes will not affect the support payments but the court might want to see them in order to assure nobody is sheltering all or part of their spouse's income. Your ex's remarriage will not by itself affect child support unless it can be shown that they have a business or financial relationship as well as a marital one. (E.g., are they business partners? Does one employ the other?) A local family law attorney can best advise you on the best way to proceed and the possible success of the action.
  46. 1 point


    Thank you, retiredinva and findlaw_re...I appreciate your help and my Brother will too
  47. 1 point

    Is this 250% interest rate legal?

    Yes, we tell that to people here every day. Unfortunately, it's often after they have gotten in trouble. True. But if you understand that's how ALL car dealers work (they go to school to learn how to screw customers) you can be prepared to catch their tactics by carefully reading everything put in front of you, and KEEPING it, something the dealers try to avoid. My friend was thinking of buying a new car just recently. Whenever he goes to a dealer he takes me with him because he has no sales resistance like I do. I went to the same sales school when I sold life insurance years ago. The tactics are similar. Anyway, the salesman put a "proposal" on the table showing the details of the car, the price, the add-ons, the down payment, the amount financed, etc. My friend and I looked it over. I picked it up and said "We'll take this home and review it." The guy stood up in a panic, said "That's mine" and leaned forward to grab it but I was already folding it up and putting it in my pocket. I thought he was going to jump me. You would think I stabbed him in the heart the way he reacted. The dealer wants you to sign and take the car without you ever knowing anything about what you got yourself into until it's way too late.
  48. 1 point

    Is this 250% interest rate legal?

    Sounds like a mistake. A $4k loan over 60 months at an interest rate of 8% would result in monthly payments somewhere in the $82 range and total payments over the life of the loan in the $4,800 range. Needless to say, if you vary the interest, the monthly payments and total payments will vary. When you asked for an explanation how a $10k payoff was possible (you did do that, right?), what response did you receive? When you thoroughly reviewed your loan paperwork (you did that, right?), did you find anything that looked unusual?
  49. 1 point

    back child support non welfare

    Hi @joephdnpainting Thanks for posting! Our legal community can give you more direction if you rephrase your question and perhaps provide us with a little more detail. Can you clarify for us? Thanks! The FindLaw.com Team
  50. 1 point

    Can I win Annulment case?

    While you don't come out and say so, I presume you're asking whether you can avoid a divorce action by seeking an annulment of your marriage based on fraud. Unfortunately, I see no grounds for such an action based only on what you've posted in your message. I'm sorry.