ElleMD

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ElleMD last won the day on January 15

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About ElleMD

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  1. He can just use his "green card" to travel between the US and Canada. If he is Canadian, there is no issue with his entry into the country. At the US border, his green card would allow him to travel back into the US. No visa is needed.
  2. This is an oversimplification, but hopefully it helps you understand. The way it works when someone dies without a will is there are certain assets such as life insurance policies and pensions which usually specify a named beneficiary and the value of those assets go to that person. Sometimes bank accounts and homes are set up in such a way that ownership transfers to another person upon their death, sometimes not. If not, those assets go into the estate pot, along with any other personal property they owned. Anything they owned jointly with another person does not go into the pot because you can't give away half of someone else's property. If they lived together for 10 years, there probably is substantial joint property. This would not require that they be married. Anything he "gifted" her in the course of their relationship would also be hers to keep. The pot goes through probate and there are laws in each state that govern how those assets are to be divided. Probate is essentially the judicial process of settling the estate. Debts get paid off first, then assets are distributed. A spouse has legal standing to inherit even if there is not a will, but a girlfriend/fiancee/partner/roommate does not. The onus is on her to prove she had a legally recognized marriage, not on you to try and prove one did not exist. A for the pension, the beneficiary is designated with the plan administrator, meaning your father would have had to file the paperwork with the administrator directly. The fact that she is not an actual spouse may impact how that benefit is paid (usually only legal spouses are eligible for a monthly benefit as opposed to a lump sum payout), but that is a matter for the plan administrator to deal with. They will take care of it.
  3. Use whatever term you like for things an 11 and 9 year old have overheard during their visits. The parents need to be the ones discussing this directly with one another and using young children to convey information back and forth.
  4. What did your most recent custody/visitation order say with regard to your access to the child(ren)? So you gained the legal ability to be around the children 3 years ago but never filed for either a modification of or enforcement of the prior agreement? Do you really have no idea at all where the child is living? As simply a practical matter it is going to be difficult to do much of anything if you have no clue what city or state the child is in.
  5. What is his current status and of which country is he currently a citizen? That is what will govern his entry to Canada and subsequently, back to the US. Citizenship is not required and certainly not something which can be obtained quickly.
  6. How long have you been without contact with your children? Did you file to enforce custody/visitation at any time? Who has custody of them now? Was that custody the result of a court action or just an unofficial temporary situation?
  7. An emergency contact has nothing to do with HIPAA. HIPAA governs with whom private medical information may be shared. If you had previously designated your mother and brother and being able to receive that information, you would need to revoke that designation in writing. Simply asking they not be the ones notified in the event of an emergency is not the same thing. Further, just calling your mother or brother would not violate HIPAA. Was medical information shared with them?
  8. There is no "we" here. It doesn't matter if they were only married for 5 years. The spouse could remain in the marital home in 99% of circumstances. It isn't clear when the kid's will was written, but it sounds like it was before the marriage. It isn't clear what happened in court. 1. Judge found the new will more believable and he property contained in the will goes to the spouse. In this case, "we" didn't prove that the will was forged and I'm not sure how you would know your sister didn't create a new will. If there are 3 witnesses and the spouse all saying she did create a new will, it is going to be difficult to prove ALL of them are lying. 2. Judge found the kid's will valid but the spouse is permitted to remain in the house for life. 3. Judge found that there was no valid will and the estate will be divided accordingly.
  9. You miss the point. You had more than ample notice to make arrangements for your belongings. Where you took them wasn't your landlord's problem. That he didn't just throw it all out in the trash does not mean he had any particular duty to protect your things. You didn't care enough about them to secure them in the course of several months. Why should your landlord be more responsible for your belongings than you are? Your former neighbor owes you even less of a duty. The neighbor really isn't responsible for your belongings. If you had a written contract with the landlord and were paying to store things at the house, it would be different.
  10. What does your divorce decree say?
  11. When you asked your ex husband about the sleeping/living arrangements what did he say? Relying on the hearsay of an 11 and 9 year old is a bad idea. The others are correct that there aren't any laws against children of the opposite gender sharing a room. I have a friend with a 7 bedroom house, and her son and daughter voluntarily share a room. So do the two younger kids, though both are boys.
  12. Casinos hire security to protect their own interests, not provide protections to customers per se. That would be a personal body guard. Security guard are not sworn police officers (unless moonlighting by coincidence) so their effectiveness in an armed robbery situation is going to be minimal. Read: They aren't going to take a bullet for you.
  13. It is really difficult to understand your question. Your sister died. She was married and had 2 adult children. There were at least 2 copies of the will; one leaving "everything" to the children, and one the spouse. At some point this ended up in court and the judge upheld the spouse's copy of the will? It isn't clear if there were assets that were outside of the will (not uncommon), or if the will included items which were marital property and therefore not eligible to be "given away". Typically the spouse is permitted to remain in the marital residence, even if his or her name was not on the deed.
  14. While there are host country nationals working in the embassy, they are run by the State Department and the senior staff are US citizens. That is how embassies work. It shouldn't be surprising that one be fluent in the language spoken in the country where one works. I don't know the circumstances of your repatriation. Typically, citizens are responsible for their own travel arrangements except in dire circumstances. In those cases, the embassy will make the arrangements, and will front the costs, but you do owe the money back. I have more experience with this than I would like, but $15K, is on the low end of what it can cost. Travel insurance with an evac rider is worth it.
  15. The above are correct. If he files for a modification, be prepared for a reduction. While some amount of income is imputed for the purposes of calculating what is due, it won't necessarily be what he was making previously, particularly if he is in a foreign country due to a spouse's job. It would not be considered reasonable to expect someone to live in a different country than their spouse for the sole purpose of keeping up their child support payments.