pg1067

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pg1067 last won the day on January 17

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About pg1067

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  1. tl;dr Consult with a local attorney.
  2. Your post does not provide enough information to form an intelligent opinion about this. Depends on what the release says. I'd use a personal check. Really? You posted after business hours and get fussy that no one responded within two hours?!
  3. Sorry, but that's just a patently silly statement. How exactly did he do this? A party who files a legal action must serve the relevant papers on the opposing party. You gave us a lot of background but not a lot of relevant facts. In addition to the question I asked above, what is the status of your son's and his wife's marriage? Sounds like they don't live together. Correct? Is there a divorce or any other legal proceeding relating to custody and visitation pending? Is there a custody/visitation order? All that being said, you told us you've hired an attorney, and the only useful advice you can get from anonymous strangers on the internet is to discuss the situation with your lawyer and follow his/her advice.
  4. I suggest you consult with a local probate attorney. Your husband's estate will need to be probated. As far as I know, yes (with the minor exception that a medical POA allows the designated agent to direct the disposition of the bodily remains of the person who made the POA).
  5. Assuming "an ex-Board Director took the money" means that he stole it, the dividing line under Idaho law (you should know by now to identify your state in your posts) between felony grand theft and misdemeanor petty theft appears to be $1,000. First, you don't have standing to pursue anything. The HOA, acting through its board, could pursue the matter in civil court but apparently determined that it's not worth the expense and effort. Second, private citizens cannot pursue cases in criminal court. Only the DA (or whatever the local criminal prosecutors are called in ID) can pursue criminal prosecutions. You can, of course, report the matter to the police and/or the DA and see if they are interested in pursuing the case. Third, even if the DA prosecutes the individual who stole the money, that will only result in punishment for what happened in the past. It won't have any direct impact on the same thing happening in the future. The board's changing bank accounts will be far more likely to prevent this particular individual from doing the same thing again.
  6. Is this "association" a corporation? An LLC? Aome other type of business entity? A court cannot "grant[] standing." A court can only determine whether a particular party does or doesn't have standing. I therefore assume this means that the association filed a lawsuit, that the defendant sought to have the suit dismissed for lack of standing, and that the court denied the motion. No. Of course, this is something that the "association" should be discussing with its counsel of record, not something about which one board member, acting on his/her own, should be seeking input from anonymous strangers on the internet.
  7. If the court issued the order, then denying the allegations doesn't matter. As far as any legal proceedings go, they likely will be deemed as true. Over three years since what? If it's only been three years since a five year restraining order went into effect, then it will remain in effect for another two years. Or maybe you meant that the restraining order expired three years ago? If the restraining order is expired, then you should be able to take your 15 year old into your possession at any time. Do you know where he goes to school? Does he have social media accounts? Do you know if he wants to live with you? In theory, you could just pick him up from school. However, if he doesn't want to go with you, you can't force it, and you'll need to obtain an appropriate court order. I strongly suggest you at least consult with a local attorney. P.S. Again, please make an effort to use proper capitalization and punctuation. Long strings of uncapitalized words with no punctuation are hard to read and understand.
  8. In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write. And what exactly did this restraining order prohibit? I assume it prohibited the NCP from having contact with the CP? Did it also prohibit contact between the NCP and the child(ren)? Was the divorce judgment or custody/visitation order ever modified to account for this? Was this order still in effect when the CP died? Is it still in effect? Whose eldest daughter? Is this daughter also a child of the CP and NCP? Also, "eldest" implies at least three children (and "eldest daughter" implies at least three daughters), but you only have mentioned two children in your post. Are there more children? How old is the "eldest daughter," and what exactly is she doing to keep the son away from the NCP? Normally, when a CP dies, custody automatically passes to the NCP. Whether or not that general rule applies to the situation you have described depends on how you answer the questions I asked.
  9. Based on the scant information provided. However, the information provided is so scant that this conclusion is not at all reliable. One would need to read the decree to gain any certainty about the issue. Anonymous strangers on an internet message board aren't going to be able to do that (especially since, as far as I know, none of the persons who post here regularly are in Georgia). It should not cost any significant amount of money for an attorney to do a cursory analysis and advise you about whether or not it's worth pursuing it further.
  10. Yes. Probably not. I assume you have this ability (or the ability to hire a locksmith to do it). Based on the minimal information provided, your stepdaughter has no rights to enter the house or regarding the house in any way. As the prior response correctly mentioned, the power conferred by the power-of-attorney your husband signed terminated when he died, so that document no longer has any legal force. Did your husband leave a will? If so, what does it say regarding the house? In what state do you live?
  11. The overwhelming majority of lawyers who handle probate will also handle trust matters (and vice versa), especially when the trust is used as part of an estate plan. There might be a few high end lawyers who only specialize in trusts, but probably wouldn't want to go that route anyway.
  12. Since this OP has a propensity for providing only the vaguest of facts and throwing out comments like "That would be about a 20 day journey" without context, all we can do is guess.
  13. Duplicate post.
  14. If your ex is violating the terms of your divorce decree, you can seek to have her held in contempt. Consult with a local family law attorney.