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  2. Hi, my parents passed away 1 yr ago. my brother is executor. They lived in Virginia and I am in Calif. My brother never sent me a copy of my parents will, I had to get it from the county clerk. Well the will he submitted was over 35 years old, I know they had a more current one, but thats not the issue. The signature on the will, for my mom is NOT her signature, and its pretty obvious that the two witnesses signatures were signed by the same person as whoever signed my moms name. How do I go about proving this will was forged by my brother? I have a sample of his writing and it is pretty obvious he signed all three names.I attempted to find the lawyers named on the will but it is over 30 years ago and the law office is no longer there.
  3. Today
  4. Yes, while the state may have a more difficult time proving unauthorized use without your testimony beyond a reasonable doubt. The parole violation is a much lower standard, probable cause.
  5. Our HOA requested a special meeting to remove Board Directors who hired a property management company and increased our regular operating costs by over 400%. The special meeting was held and enough homeowners voted to remove the majority of the Board Directors. At the meeting, we were handed new bylaws by the property management company (we previously did not have any) that make it difficult to change our CCRs or Bylaws. Per the new bylaws, we now require 26 out of 40 homeowners to pass a vote on anything. There are 15 homeowners who want property management and no CCR or bylaw changes. Our CCRs say that 21 owners is majority for a vote to pass. My questions are: 1) How can we change or remove these bylaws since they were inflicted on us with no review or input? 2) The bylaws were signed after we submitted the request to remove Board Directors. Is it acceptable for a Board who knows they could be removed to put bylaws in place without the homeowner's knowledge? 3) At the time the bylaws were signed, there were only 2 Board Directors (there is a requirement to have 3 to operate legally) and a 3rd had resigned prior to the meeting. The Property Management Company said he was "aware" of and reviewed the Bylaws. He did not sign them. Are they still valid? Thanks.
  6. My son took my car and totaled it. When I couldnt find my car when I woke up or him, I was worried and went to see if cops had it, if there was an accident. I expressed he used my car before. When cop came to my home to say it was totaled, I went on emotions. Told cop, diff one, he used before but I didnt say he could that night. Charges were filed unauth use ( criminal charge ) several misdemeanors. He has been in state prison for 2 months, he was arrested and state parole held because he failed to report he stayed at a female house instead mine for a few days. Really. Shouldn't he have had hearing on charges with car within 10 days in Pennsylvania? If so, can I request to throw charges out? His hearing is Wednesday 2 months later. I said I am not going forward with unauth use because he did live with me and used the car, seeing my new car totaled I was angry. He is going to sit regardless due to state parole. Can judge decide against if I say I won't testify?
  7. Yesterday
  8. In conclusion, thanks very much to all for your comments. Very helpful as I now look for a new attorney.
  9. pg1067.... 1. LOL , thank you for your thoughtful yet completely non-informative answer. 2. Yes, I agree it seems to be the best solution to me. Which is what the first 3 attorneys that I retained on a contingency agreement had agreed would be our strategy, however, with absolutely no discussion from any of those 3. As I previously stated, 2 of them were just too lazy to act, then the 3rd had the nerve to e-file written objections to the court without ever discussing a change in strategy with me or my mom, did not ever give my mom the opportunity to review them nor even sign it, reworded the written objections I had prepared for my mom and she filed for the first part of his objections e-filed, but also added in his professional opinion that a "tragedy clause" used in the opposing parties petition as their justification that said tragedy clause might be justification for the court to consider it as a so-called "Contingency plan for Distribution" and thus, decide mom is entitled to 50% of the trust estate but no more! The tragedy clause says, "If the entire family, including the Trustors, children, and grandchildren, were all to perish then the trust shall be distributed 50% to the heirs at law of the husband and 50% to the heirs at law of the wife." This described tragedy did NOT happen! Thus, our own attorney that represents my mother, just AGREED with the petition! He did not OBJECT to a fantasy "contingency distribution plan" and event that did NOT happen! He AGREED to giving the evil step child 50% of my brothers hard earned estate! Is that considered malpractice, I believe so! Wills.pdf Trust pgs 1 to 14 only w. notary.pdf Supp1added_trust-pgs14, 16 to 20.pdf
  10. As indicated previously, it sounds like the court conferred authority on the referee to do this (sort of like an involuntary power-of-attorney).
  11. You still haven't indicated what was "hazardous" about the road, other than that a paved road turned into a gravel road. No reasonable person would expect any GPS app or online map to know all local conditions at all times. You still haven't indicated how exactly your car was damaged. If it was damaged from driving on the gravel road, then that's on you. You obviously knew the road was a gravel road at the time you encountered it. You could have turned around and taken a different route, but instead, you continued driving on the gravel road despite having no indication that the conditions would change. This reminds me of an episode of a TV show I once saw in which one of the characters drive his car into a lake because that's what his GPS told him to do. GPS navigation is a great thing, but users still have to exercise some common sense.
  12. In that case I would have expected the referee would have prepared deeds to be signed by Mr. X and Mr. Y to to convey the property to the high bidder at the court-ordered sale once the court confirmed the sale rather than provide the buyer a quitclaim deed from the referee to the buyer, which is what happened in actual fact. I don't understand how the referee had any interest he could quitclaim to the buyer if title was always in the hands of X and Y up to the sale. That reminds me, we just ordered a PTR and it came back as title is still vested with the referee. Assuming the title never left the hands of Messrs. X and Y I'm worried this might mean the referee did not prepare the correct deeds. However, they were prepared under the supervision of my then attorney. I'm looking for another attorney now.
  13. ElleMD ... sorry about the confusion where I had said "my son" and another where I said "my brother". I had typed it up for my mother's use as well and must have missed changing a "my son" out to MY BROTHER. I am trying to help my mother out because she is elderly and has memory issues but thus far we both feel the court and legal system is forcing her to represent herself because she is not ill enough to be considered incompetent, or qualify for a guardianship or conservatorship! If you have missed other questions... the trust DOES NOT list one single person as a beneficiary other than the Trustors! However, she is the heir in line per intestacy laws. The trust lists the life insurance as an asset of the trust! If the life insurance company wrongly sent a check to a FRAUD... then who do they owe an explanation to ElleMD? Fraud happens! And obviously, if there are NO beneficiaries named in the trust, they have issued the check to a FRAUD that is wrongly acting as the Successor Trustee that also claims he is the ONLY BENEFICIARY with no proof whatsoever other than his scamming, lying attorney!!! You have misunderstood "the son" vs. "step son"! My brother is also my mothers son, the Last Trustor to die in his Living Trust with his pre-deceased wife. In the trust, our mom is named as my brothers alternate Successor Trustee to take the place of his wife because she died first, before my brother! So mom is the one and only legitimate and legally named person to act as his Successor Trustee, not the self entitled druggy step son that you refer to as son!!! Does that help clear it up for you ElleMD You obviously have missed other questions that explained the rest of your questions you use as justification to accuse me of being all over the map in this very complex case EllMeD, but I hope you feel good after rant!
  14. 101 was closed and Google maps took me on a hazardous road that ended up to be blocked and all the locals know its blocked. The paved road turned into a gravel road and I was thinking it was going to turn back into paved road any minute but then it was turning into forest and I thought it was going to turn back because there wasn't signs posted. My car got damaged and I had to be police rescued
  15. accessing Google Maps on computer screen: there's a 'Terms' link near the lower right hand corner of the page. Small print, near a copyright notice, scale indicator, and a couple of other items. In the phone app (at least, on the iphone phone app), the terms of service are one of the items accessible by clicking the triple bar menu button in the app.
  16. Mr. X owned his interest in the property until such time as it was sold following the conclusion of the partition lawsuit. No, title does not transfer to the court or the referee at any time. As I understand what you're saying, the court conferred on the referee the power to sell the property.
  17. Anyone can sue anyone for anything (although "google maps" is merely an app, and an app isn't susceptible of being sued). Would you win? Probably not. What does "hazardous" mean? Roads get blocked sometimes. How is that Google's fault? How exactly was your car damaged? While I'm inclined to agree with with the prior response about terms of service, I've never actually seen anything like that. I have Google Maps open on another screen as I type this, and I can't even find any terms of service (much less having to agree with any such terms when routing between two locations. That said, I can't imagine that any court would find the existence of any duty by Google to any user.
  18. What state did the deaths occur in? If she had a will and a trust, these are two separate legal matters. If you were named as a beneficiary in the will, you should have received whatever you were left by now, if the will was probated in court. It is more likely that the funds you are concerned about are in the trust. Has your aunt given you a copy of the trust? The trustee must stricly abide by whatever the language of the trust says when administering it. It is going to be virtually impossible for you to challenge the terms of the trust to get the money earlier. Maybe if you wanted funds to pay for a college education, you could ask the trustee for that and see what her reaction is. But if you are supposed to wait until a certain age before receiving the money, you will just have to wait.
  19. On these facts, you would not win your case if you sued Google. Google's terms of use of its service include language that is probably enforceable that provides (among other things) that use of Google Maps is at your own risk.
  20. Can I sue google maps for taking me on a hazourdous road that turned into a blocked road and damaging my car and I got stuck and had to be rescued by the police
  21. Many thanks for that clear answer. Any thoughts on the other question above of whether Mr. X still had any title left to pledge by trust deed when he recorded it given the partition action was filed and the notice of action recorded some 4 years before he recorded the trust deed? As I mentioned, it is unclear to me how the referee acquired title to the property to eventually quitclaim that interest to me. I'm traveling but my recollection of all court orders is there is no order stating title was ever transferred to the court or the referee. Does the court automatically acquire title merely on the filing of the complaint?
  22. Well...assuming the landlord doesn't fix whatever needs to be fixed, you'll have to make a decision about whether you want to keep living there or whether you want to break your lease and deal with the potential fallout. If I were you, I'd ask for a sit-down with the landlord and, if it doesn't look like the problem will get fixed, you might consider asking to be let out of your lease so that you can move.
  23. Here's what I think you're saying: Lawyer L represents HOA in connection with various legal matters. X and Y are residents in the community over which HOA has control. X and Y have a dispute relating to a fence installed on X's property. Y retains Lawyer Z to represent him and send a letter to Y about the fence. Y retains Lawyer L to respond. Is that right? In other words, Lawyer L's representation of Y in connection with the dispute with X has nothing to do with Lawyer L's representation of HOA. Right? Your use of "we" is ambiguous. If my restatement of the facts is accurate, it is not a conflict of interest. That said, Lawyer L should have disclosed to Y that he represents HOA and that, depending on how things progress, an actual conflict might arise that would require L to withdraw from his representation of Y.
  24. Your reference to this woman as your "adopted guardian (mother)" is confusing. Adoption and guardianship are very different things. In any event... 1. We have no idea what this woman's intent might be. 2. You would only be put into foster care if you were made a ward of the state. You cannot "apply" for that. 3. Unlikely. Can you financially support yourself without assistance from anyone else? If this woman lives in Arizona and you live at a private boarding school in Illinois, I'm not sure why your problems with this woman led you to run away from the school (especially so close to the end of the school year). You are probably better off returning to school and speaking with a counselor about what's troubling you.
  25. It is a 12 month lease.
  26. Why would you think the school would know about -- or have any obligation to inform you about -- any court date? Do you have a question for us? While I can understand why this might result in the police meeting with the school authorities and your daughter, why would this result in any sort of court issue? Were criminal charges filed against your daughter?
  27. Do you have a question?
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