pg1067

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pg1067 last won the day on September 11

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About pg1067

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  1. Every state's laws are different in at least some respects from every other state's laws. Based on what you've told us, she has zero chance in any state.
  2. If you were in a federal prison, yes. Depends on the specifics.
  3. In any future responses, please don't place your additional comments in the same quote box as the text you are quoting. It makes it difficult to tell what new information you are adding. If you've got a law degree and understand these legal issues, why did you bother posting here? You're obviously free to believe me or not and act accordingly, but I've already told you that this breach (if it is a breach) does not constitute a material breach that would allow rescission or termination.
  4. Doesn't matter. Courts are far more concerned with whose names are on title than with who "contributed." Consult counsel for a proper analysis.
  5. In whose name(s) is title held? In whose name(s) is title held? I think there's probably a typo in here somewhere. Are you saying that you added your wife's name to the title of this "home in [an]other state"? I have no idea what you mean by "intitled [sic] to 50/50." In Florida, as in most other states, marital property is divided by mutual agreement of the parties or, if the parties cannot reach an agreement, in a manner that the court determines to be equitable based on a number of factors. A 50/50 split of marital property is generally presumed to be equitable, but various things may change that. Non-marital property (e.g., property owned before the marriage) is generally not subject to division unless something is done to bring it within the purview of the court's division (e.g., adding a spouse's name to the title of a home owned before marriage). Given the extent of assets you mentioned, you would be foolish not to retain the services of a family law attorney.
  6. To the best of my knowledge, no one from Ohio (much less an Ohio attorney fluent in education law) follows these boards regularly, so the chances that someone will happen upon this post with an answer about state regulations are slim to none. As far as paying teacher, a normal day for high school students is 8:30-2:30 (give or take), and teachers don't typically get paid by the hour, so the length of the actual school day is of little significance. In any event, when you called the principal or other administrator at your child's school to discuss your concerns, what sort of response did you receive?
  7. So what? You're an adult. Since you live with her, courtesy dictates that you give her at least some idea of what's going on if you're not going to be home by the end of the day. Beyond that, your whereabouts are none of her business. If she doesn't like that, she's free to kick you out. Wow...a whole month! No.
  8. I don't really see what you described regarding the water as "craziness." Not even close. While there may have been a bit of a snafu, the water ultimately got turned on, so what's the big deal? Because...??? Either you're not describing things very well or you're grossly overreacting. Even if the 4 day delay to have the home ready constitutes a breach of contract, it's not something that would allow you to terminate or rescind the lease. At most, you'll be entitled to compensation for any expenses incurred as a result of the delay. Here's what you've described: some confusion with having the water turned on before you moved in, a mutual agreement for you to terminate your first lease early and move to a different place with a new lease, and a short delay having the new place ready. None of that can reasonably be described as "screwing [you] from the beginning."
  9. Huh? For starters, the subject header of your post mentions "usufruct." Usufruct is a concept that is unique in the U.S. to Louisiana and a result of its French legal roots. According to a quick google search, usufruct is "the right to enjoy the use and advantages of another's property short of the destruction or waste of its substance." I could guess, but I really have no idea, how that might apply to your situation. Beyond that, you probably have the right to what's commonly called an "elective share" of your husband's estate. In other words, since your husband apparently neglected to change his will following the death of his prior wife and his marriage to you, you're entitled to some portion of his estate by "electing against the will." I would expect that you're also entitled to retain your share of any community property, but the short length of your marriage suggests you probably have very little community property. It's important whether you meant "too" or "to." If you're the (sole) beneficiary of some retirement account, then you'll get all of the money. If you are a co-beneficiary with someone else, then you'll presumably split the money. You'll have to file a tax return for your husband for 2017 (which you obviously won't be able to do until next year). On the return, you'll check the box that he died in 2017. Not sure if you're asking anything beyond that. If there's money due from his employer, contact the employer and inquire about it. I agree that you'd be well-advised to consult with a local probate attorney.
  10. I can't give you any insight into how traffic tickets are handled in federal court. I'm not sure what "RetiredinVA" meant when he referred to "the US Magistrate's court." To my knowledge, there is no such thing. In California, there are four federal courts, called district courts, and each district court has a number of district judges and a number of magistrate judges, and I would expect that trivial traffic matters will be handled by magistrate judges and not district judges. You received your ticket within the Northern District of California, so I expect your case will be handled at the courthouse in San Jose. I doubt the district courts are set up to do trials by declaration or with any of the other foofery offered in California state courts. Likewise, I have no idea whether a federal court will report a traffic conviction to the California DMV. Another regular poster here, "LegalwriterOne," may have more insight into this.
  11. I haven't the slightest idea, and no one here is going to do case research for you. If I were researching this, I would probably start with the annotated United States Code at a law library.
  12. We all could guess blindly. The best thing to do would be to call your lawyer or the court clerk. Only someone familiar with the online system in the county where your case is pending will have any real insight into this. I'm not sure what "take her back to court" means in this context. If you have a court order that requires your ex to provide this information and she is not providing it, then your recourse is to seek to have her held in contempt. Sounds like you need to give some serious consideration to getting a new lawyer. Perhaps start by scheduling an in-person meeting so you can discuss your concerns.
  13. Since you've provided us with almost no relevant facts or circumstances, we have no way of know. Certainly, she would have to show some unique facts in order to obtain a guardianship of an adult child. What she would have to show specifically depends on the laws of your unidentified state and the reason(s) why she might seek to do this. I assume "we" refers to you and your mother. Correct? Ummm...seriously? You're an adult. You're free to walk wherever you want, whenever you want. She's not going to get a guardianship over another adult for the reason you mentioned no matter how many doctors "support" it. That you're also bipolar doesn't change that. Unless there are a lot of incidents of the sort you described that have resulted in dangerous situations, this is a non-starter.
  14. If they own undivided interests, then the statement that "each owns 100 acres" isn't correct. That's what "undivided" means in this context. The reference to "his property" doesn't entirely make sense given your reference to the two owners holding undivided interests (see my question above). Also, the probate court might order property to be sold or the sale of property may be necessary because of the probate process, but the court would never sell anyone's property itself. Whether the sale of any portion of the property that is the subject of this discussion might become necessary isn't something we can answer without a lot more information. I'm not sure what you mean by "status of his property." Nor is it clear why you think it matters if the owner dies with or without a will. Since you've told us that the two owners own the property as tenants in common, when one of the owners dies, his interest in the property will become part of his estate (whether or not he has a will). What happens after that is impossible to predict. The process of administering an estate generally looks like this: (1) the executor/administrator/personal representative (I'll use "executor" going forward) of the estate gets appointed; (2) the executor identifies and takes control of assets of the estate; (3) the executor identifies estate debt; (4) the executor liquidates estate assets to the extent necessary to pay estate debt; and (4) the executor distributes anything that's left to the beneficiaries identified in the will or the heir(s) under the law of intestate succession (i.e., the law that says who gets what when a person dies without a will). No reason why it should, but we obviously haven't read the lease and are dealing with an incomplete hypothetical. Again, no reason why the death of one owner should have any impact on the surviving owner receiving his lease payment. Of course, again, we haven't read the lease or any other relevant documents.
  15. In any future posts, please use normal fonts -- i.e., don't write everything in bold-italics. Those things are for emphasis and make it hard to read what you write when used for the whole thing. Take photos with your phone before submitting. Make a wage claim with the Department of Industrial Relations. Note that, because you waited so long, you might not be able to go back the full three years that you mentioned. It's also hard to understand remaining in a job for so long when this sort of thing is happening.