knort4

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About knort4

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  1. The coroner's office may not be the one who filled out the death certificate--it may have been the boyfriend and they just accepted the erroneous information he reported, without ever officially verifying it. What type of settlement is involved here (is it from a wrongful death case, personal injury accident, etc.) and how much is the settlement? You will need to check at the county courthouse probate court to see if the decedent had a last will and testament that was probated in court. If the answer is yes, did she designate the boyfriend as a beneficiary? If the son-in-law already has an attorney working on his behalf for the settlement, then this attorney should be able to advise if the boyfriend has any rights to any of this estate at all. Whether there was a will or not, the attorney needs to be looking at probate law to see what the law says. You may also want to tell the attorney that the son-in-law wants to fill out a form from the Vital Statistics Department for the relevant state to have the death certificate officially corrected (that is just submitting a form, and it does not have to go through court)..
  2. The beneficiaries need to decide if they want to make an offer to the brother who is in the home to ask whether he wants to buy it or not (and let the personal representative be in charge of making the offer). If he doesn't want to buy it now, then the other beneficiaries can force a sale.
  3. If the son did not leave a last will and testament, then the money and other assets from the son's estate automatically go to his wife and children, which is how it should be. No one else can make someone be responsible in how his wife spends the money--hopefully she will use it to provide a home and pay the living expenses for her children. Your friend can set up a trust to put her assets in and she can choose someone she believes to be trustworthy (a friend, or a professional person like an accountant or an attorney or the trust department of a bank) to distribute funds to her grandchildren after she dies, probably want to place a condition on the monies they receive by stipulating that they are not to receive any monies until they have reached adulthood.
  4. What state is applicable here? Is your mother divorced from your father or not? Have you seen the will in which your inheritance was reduced or did you find that out by hearsay only? You can discuss your options with a probate attorney who has experience in contesting wills, but the outcome does not look very positive here. Is there a clause in there that disinherits anyone who contests. Contesting the will is going to be very expensive in legal fees for you and your brother, probably eating up whatever you are going to receive from this estate. Maybe your father had a reason in his mind for reducing the inheritance, or maybe his thinking was irrational because of the alcoholism. The bottom line is that he has the right to decide to leave his money to whomever he chooses, and you are free to disagree with that decision.
  5. You will submit the will at the county courthouse probate court of the county for the city where your father died. Please consult with a trusts and probate attorney before you submit the will, so that he can review your situation and advise you on how best to proceed. The will is going to be handled in court, and the trust is going to be administered privately (not in court).
  6. It's your uncle's fault that this has turned into somewhat of a mess because of his failure to sign his will. Really: how long does it take to sign a will? And a husband who is truly looking out for his wife's security would not neglect to put the home in his wife's name "just because she wasn't there to sign the papers". Please stop being vindictive towards the daughter--her ability to inherit is determined by state law, not on how good or how poor the relationship was at the time of his death. The bottom line is that the surviving spouse is entitled to a certain portion of this estate and the daughter is also entitled to a certain portion of the estate, and the only way to find out what each person gets is to consult with a local probate attorney. Are you implying that you are having trouble trying to find an attorney who will do the probate because it appears that this is a smaller value estate? What is the value of the home in Turkey if it were to be sold? Do not listen to or fully believe what anyone at a courthouse (who is NOT an attorney) is telling you--that person should be telling you that they are not allowed to give legal advice and that you should be consulting with an attorney. Since the daughter apparently is not interested in getting anything from this estate since she said she doesn't want to be contacted, the probate attorney will probably ask her to sign a form to disclaim and reject her share of this estate.
  7. She probably meant to say "set aside" or "repaid" instead of excluded.
  8. And what do you intend to do with the information if you do actually find out that a trust existed? What is your reason for wanting to know this information?
  9. The problem is that in order to sue, it helps if the bad reference was written (such as on a reference request form) as opposed to being just verbal, which most employers are savvy enough to know not to put anything in writing that would be actionable. It's a difficult hurdle to overcome, but your friend should attempt to find at least 2 other co-workers at the company where he previously worked, to ask them to furnish him with a positive written letter of reference to be submitted when he turns in the job application. If he has any inkling or suspicion about what the bad reference information is, he should attempt to be proactive in addressing it head on in the initial interview, or at least be courageous enough to say "Please allow me the privilege of being able to defend myself or respond if you receive a negative reference about me, as I have always received positive performance reviews. That is only fair, I'm sure you will agree." Reference checking services are somewhat iffy, and can be helpful only in very rare instances. The ones I have experience with collect your fee and you are left only with a response such as "The employer would not give any specific detailed information", so do not use such a service if you can not afford to lose that money at this time.
  10. I'm wondering if the replies given were based on Delaware law. pooka, are you an exempt employee or a non-exempt employee? Did anyone decline to come in and inform the employer in advance that he/she was unable to come in, and what was the employer's response or did anything subsequently happen to the employee who declined?
  11. What state did the death occur in?
  12. Do you have a contract or agreement that is signed by both parties? You will need to discuss your situation with a business law attorney who practices in the same city or the same county as to where the design studio is located.
  13. You should actually be consulting with accountants about this if you have additional questions.
  14. Were you given Miranda rights before the interrogation or before you were ruled out? Did you use the opportunity to make a phone call to your attorney or to anyone else to tell them you were being arrested? Ask a friend or a relative to do a search engine search to see who the best/most famous criminal law attorney is in your town and have the friend or relative send the information about your arrest to that attorney to see if he/she would be interested in defending the case.
  15. Start contacting various Los Angeles probate attorneys by phone or by email and plead poverty and explain your situation and one of the might be willing to assist you with this. Explain that you have no way of knowing whether the safety deposit box has anything of value or not, but that if it does, hopefully there will be enough in it to reimburse for the filing fees and something towards attorney fees.