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Showing content with the highest reputation since 09/20/2019 in all areas

  1. 1 point
    The living trust (that you say gives you permission to get a house and a business) should have already been funded with money from other sources and should not have to depend on whether the loans are repaid. I am not familiar with Wyoming law, so you will have to consult with a Wyoming lawyer about asking for an accounting and about the loans. Who are the beneficiaries in the will and what do they receive? Hopefully the assets mentioned in the will are not the same assets mentioned in the trust?
  2. 1 point
  3. 1 point
    Are you named as a beneficiary in the will? Please visit the county courthouse probate court or order a copy of the will by mail to make sure that the will you received exactly matches the one that has been submitted to the probate court? Is the $ 22 million dollar working cattle ranch (that your brother inherited) mentioned in the will? Is there phrasing in the will that disinherits anyone who contests the will? Where or how did you get the balance sheet--was it honestly given to you or acquired by you, or is it possible that your mother and brother could be mad at you about how you got it? The trustee's reason for being offended at your tone of voice is ridiculous, and she has a legal obliglation to administer the terms of the trust as it is written and your request is reasonable. She can legally deny your request but in my opinion you should give up your request for a business loan and instead submit a request for a home, which is what you need and which most likely would have a better chance of being approved. You may want to hire the services of an attorney to write this request on your behalf and perhaps the letter should also ask the trustee to reply in writing to your request. Business have such a high failure rate that this is the main reason the trustee will be inclined to want to deny your request. If you want to, later on, in a few years, ask for a business loan (do you have a business plan written up? What type of business is it?), you can decide whether you want to ask for a loan or take out a second mortgage for financing. You also need to find out from your attorney if your request for an accounting of the trust should be made in writing. Ask if it is also possible for you to request a copy of the trust tax return. Please be very cautious in bringing up the subject of the loans with the trustee, as that could be a very sensitive issue (do not mention anything to the trustee or your brother about these loans anymore). Discuss with your attorney if the trustee has the power to forgive these loans completely, and whether it would benefit you as a beneficiary to ask for these loans to be repaid to the trust.
  4. 1 point
    AugustRush

    Car Accident (5 vehicle)

    Thanks everyone for your feedback, I really do appreciate it. 😀 I talked to a lawyer with a major firm in Harrisburg, PA today, he will be representing me. (Yes, I did review their firm and many others). We agreed to a fixed/set rate of $750.00 total for him representing me (I have to pay court fines, etc.). When it comes to the injury claim, we may pursue that after the traffic citations are taken care of. He agreed to represent me on a contingency agreement for the injury claim (I pay nothing unless they win). Having a lawyer does make things less stressful, now I can stay up late writing a paper for my MBA class in peace. 😅
  5. 1 point
    Whoever charged you for work that didn't get done is liable to you for the cost of that work. "Chevrolet" is trademark, not an entity. That mark is owned by the General Motors Company, and I think it's highly unlikely that you had that entity do the work. The dealership where you took it is likely the party that owes you payment for work not done, and that whom you sue if necessary.
  6. 1 point
    I was sitting in my truck, cleaning it out, my truck it was parked in front of my house around 9 pm when a gentleman slammed into the back of me. My truck (a mini) ended up through my cyclone fence his truck (a maxi) the wheel broke off the axle and skid about 3 houses down. My neighbor directly next door has damage to his fence also. I immediately called 911. All the neighbors came outside and a few immediately recognized him to be the owner of the tobacco shop and the auto repair shop a few blocks away. As far as I know I'm o.k. and he is o.k. but the vehicles and fences are not. After every thing settled down I invited him into my house. He smelled like alcohol. I gathered his information and from what he says, "He was locking the gate as he was out of the truck a black man jumped in the truck and started off he in turn jumped in the bed of the truck and the suspect drove off", shortly after plowing into the back of my truck then fled. No one seen the suspect me included, driving or flee. After two hours and the police did not show, the man wanted to leave. I called 911 and asked what should I do? They said, "let him go", and he left my house. The police showed up about two hours later and wrote their report and I called my attorney and ended up at the emergency. room. All of this happened on the 27, Sept. 2018. The truck that hit my truck was not reported stolen and has not been reported to date.The police officer is going to charge him with hit and run and suggest I do a six pack line up. His insurance is fighting my claim because they said there client said it was stolen. If they bothered to check they could see no reports of stolen vehicle. Are they the judge and jury now? Does their policy dictate the law? How long does the law say they can carry on with this injustice?
  7. 1 point
    adjusterjack

    Car Accident (5 vehicle)

    In Pennsylvania limited tort only prevents you from recovering compensation for pain and suffering. You can still recover your medical bills, property damage, and lost wages that are unpaid by your PIP Coverage. Trouble is, without pain and suffering in the claim, it is unlikely that any attorney will take the case on a contingency. There is an exception. To recover for pain and suffering the injury must be considered a "serious injury." In Washington v. Baxter, the PA Supreme Court adopted the following criteria for determining "serious impairment of body function" https://scholar.google.com/scholar_case?case=16835582455698015205&q=washington+v+baxter&hl=en&as_sdt=4,39 Unfortunately for Mr Washington, the court found that he did not have a "serious injury." But that's not the important part of the decision. The important part is that limited tort can be overcome. You would be wise to consult a personal injury attorney who can demonstrate success in overcoming the limited tort limitations and see what he says about your case. As for the traffic citations, you'll have to pay a lawyer to defend you against the texting and careless driving charges. It would help if those witnesses appeared in traffic court to testify in your favor.
  8. 1 point
    PayrollHRGuy

    Elections

    You might as well have the election by a show of hands.
  9. 1 point
    pg1067

    Age of majority while traveling.

    Why are you tagging this complete gibberish onto someone else's thread about an unrelated subject?
  10. 1 point
    William Light

    Car Accident (5 vehicle)

    You can submit a written statement to the Highway Patrol, referencing the report number, and detail each error in the report and how it is wrong. Submit statements from other witnesses if possible. If you are injured, contact a PI attorney, who might do this work for you.
  11. 1 point
    pg1067

    Car Accident

    Same answer I gave you on the other forum where you asked this. You need to describe the situation much more coherently if you want useful feedback (and it would also be helpful if you answered the questions I asked at the other site).
  12. 1 point
    William Light

    Car Accident

    Yes, you can fight it. You have a duty to yield when making a left turn until it is reasonable safe to do so. If you have yielded as required, and begun your turn, then other vehicles must yield to you. Vehicle Code section 21801. The party pulling out from the curb is also making a left turn (from the curb to the lane of travel), and the left turn statute applies to him, and lane change statute also applies. Vehicle Code section 22107. If you are just trying to get your property damage fixed, make a claim with your own insurer. It is easier and faster. If you insurer recovers from the other driver or his insurer, your deductible will be refunded. If you aren't insured, and your property damage (including rental car expense) is less than $10k, you obtain a judgment against the other driver in Small Claims and his insurer should pay it, if you prove your case. If you are injured, consult with a PI attorney. Take photos of the damage to your car, of the intersection and location of the collision. Keep records of all doctor visits and paperwork, including receipts for medication.
  13. 1 point
    Clearly that was your biggest mistake. As far as going after the owner, by your own admission he notified your that he didn't have an operating irrigation well. Have you checked on the cost of re-drilling the dry well?
  14. 1 point
    If its a California employer it must still comply with the law regardless of whatever other state it my store the records.
  15. 1 point
    The relevant laws appear in Ch. 12 of Title 49 of the RCW. In particular, see sections 240-260.
  16. 1 point
    pg1067

    Charge amended

    Only a local criminal defense attorney with fully knowledge of the relevant facts can opine intelligently about whether you should be given more time to prepare for trial. Among other things, one would need to know (1) what it is you are charged with having intent to distribute; (2) what the evidence against you looks like; (3) what you were initially charged with; (4) what led to the charges being "[a]mended . . . to intent to distribute;" (5) how much time passed between the initial filing of charges and 9/12, and, most importantly, (6) how much more time you need/want and why. I'm not suggesting that you should provide a full scale explanation of these things (and, indeed, talking about the case in a public forum that could be used against you would be a bad idea), but this should hopefully illustrate why we can't give you an informed opinion about the propriety of the judge's ruling.
  17. 1 point
    PayrollHRGuy

    Charge amended

    Well there you go. You could appeal the decision but I believe you would be wasting your time. Is the new charge an a more serious charge than you were originally charged with? Do you have a lawyer?
  18. 1 point
    Thank you everyone for your insight. I spoke with my attorney yesterday and we have a solid game plan. I will let you know how it turns out. The hearing is Monday.
  19. 1 point
    My condolences on the death of your husband. Although it happened several years ago, I'm sure it's still very painful for you. When someone is injured or killed through the negligence of someone else the usual thing the victim or his family does is hire a personal injury lawyer to sue the negligent person for compensation. It is standard for most personal injury attorneys to take these cases on a contingent fee, meaning that the lawyer only gets paid if the lawyer succeeds in getting compensation for the injury. So what you did in going to a personal injury lawyer is how these things go. The lawyer then would determine which persons, if any, could be successfully sued for the injury. As a result, if there was a good claim to make against the police or the kid I expect you lawyer would have pursued that. The problem with suing the police is that the police had no obligation to your husband to do anything before the accident. He asked a police officer to drive him somewhere, but the police are not a taxi cab company and are not obligated to drive citizens around. If the officer could see that your husband was in serious medical distress the officer should have called for medical help. But from what you describe it may not have been apparent to the officer that your husband was having any medical difficulty. It's also not clear if the kid was negligent or not. Just because the kid hit your husband does not automatically make the kid responsible. From what you stated, your husband was apparently walking down the middle of Route 66, a highway where the speeds can be 55 mph or more. Depending on the details of the roadway and the conditions existing at the time, it may not have been possible for the kid to see your husband in time to avoid hitting him. If the kid could not have avoided hitting him then the kid is not liable for the injury. Even if the kid might have been negligent, there is also the issue of contributory negligence by your husband. He should not have been walking in the middle of a highway. His own negligence would work against getting a judgement against the kid, or at least may have reduced the amount of the judgment. There is also the issue of whether the kid had any money or assets from which to collect a judgment. If the kid had no insurance and no assets then a judgment would do you no good. If your insurance covered it and the insurance company was balking at paying then the insurance company may be sued to collect from your insurance company, which is apparently what you lawyer did for you. That may have been the only recourse you had here. Again, I'd have expected your lawyer to go after the kid or the police if there was something worth pursuing against them. But for the reasons I've discussed, there may simply have not been anything to get by doing that. In any event, as the others have pointed out, it appears the statute of limitations (SOL) to sue for this is now expired. If the SOL is expired then it's too late now to sue. Unfortunately, your husband was doing something dangerous. And while I understand the desire to blame others for his death, his own actions certainly contributed to his death. He ought not have been on that road. I know that's not easy to accept. But coming to some peace on that may help you to get some closure on this.
  20. 1 point
    Install video cameras and call the police when you have evidence of trespassing. Catch them on your property and call Animal Control. Buy a gun, learn how to use it. I'm "elderly" too and I have one. Check your noise ordinance and call the police if it's being violated. Call the health department. Consult an attorney about a private nuisance lawsuit. You might also call your zoning and building departments to see if there is some violation of codes given the use of the property.
  21. 1 point
    The obvious first thing to do is to call the owner of the neighboring property (assuming you have a number) and discuss what's happening. Failing that: Contact the police. Contact the local code enforcement authority. File suit.
  22. 1 point
    Paul Mayer

    Power of attorney

    Mother lives in Florida sons live up north. Mother is getting up there in age and has fallen quite a bit. Breaking bones in the outcome. The last two time she broke her knuckles on her right hand then fell 2 n weeks later and broke her elbow again. She needed surgery but the doctors gave her a choice and she decided to go home. The next week she was unable to sleep due to the pain so the son who has power of attorney demanded she be taken to the hotpital (Occala Fl) to have the doctors look and see if the surgery can be done to help releve the pain. The son made sure that if there was any change that he should be called immediately explaining how his mother is one of those who feels she should be in pain. Nurse explained that she was resting comfortably and he will be called if there are any changes. SHE WAS DISCHARGED 20 minutes later. She back at the assisted living still in pain. Doctors won't speak to the son who has power of attorney and we are not sure what to do now. Am I missing something please help if you can
  23. 1 point
    You could (anyone can sue anyone for anything), but you'll quickly lose and be required to pay the insurance company's court costs. California does not recognize a cause of action for bad-faith against an insurer arising out of a third-party claim. Your recourse is to do what I previously suggested or sue the other driver. You can also submit a complaint to the California Department of Insurance.
  24. 1 point
    I assume you're talking about the other driver's liability insurance carrier. Correct? If you can't get the other driver's insurer to put more money on the table and aren't willing to accept what's being offered, then this is your only option. Depending on the laws of your unidentified state, it is unlikely that a bad faith cause of action by a third-party claimant such as yourself is recognized as valid. Even if you could do this, I seriously doubt you have the ability to self-litigate against an insurance company that will be represented by legal counsel. Then take the $10k. Then there's got to be some reason why the insurer isn't offering the $15k policy limits. It's not just doing it for s***s and giggles. If I were you, I'd consult with a few local PI attorneys and see if they think they can be of any value to you. As noted above, while a lawyer charging a 1/3 contingent fee would be of no value to you, it's possible you can find one willing to accept less than that for a limited scope of work.
  25. 1 point
  26. 1 point
    Get a report from whom? A written report? Verbal report? I'm certain that you do lots of things. Filed a report with whom? Based on what you wrote, it's possible that you'll be arrested and charged with one or more crimes and sued. It's equally possible that nothing at all will happen. Obviously, if you're arrested and/or sued, you should retain an attorney. It might also be a good idea to contact your auto liability insurance carrier and report what happened and what is happening.
  27. 1 point
    Despite your use of a question mark, this sentence isn't a question. I have no reason to believe that you lack the ability to fill out the Judicial Council forms and file them with the court. Whether you have the ability to successfully litigate a case is something no one on this or any other message board can intelligently determine. That said, there's a lot of truth to the maxim that a person who represents himself has a fool for a client.
  28. 1 point
    In any future posts, you should proofread before hitting the post button. If "they" refers to the insurance company, yes, the insurer gets to decide how to determine the claim based on the evidence presented to it. If you don't like that determination, you are free to file a complaint with the California Department of Insurance (although your post does not suggest that the insurer did anything inappropriate) and/or sue the vehicle owner for your injuries and damage to your property. If you sue, the the vehicle owner's insurer will be obligated to defend and indemnify the owner against any judgment you might obtain. The insurer owes various duties to its insured; it owes none to you. Ummm...no. As long as you don't take action to protect your interests.
  29. -1 points
    rebecca8458

    Heart Attack

  30. -1 points
    rebecca8458

    Heart Attack

    It was 1 week apart .I had a double bypass 14mos later after having a heart attack at 52yo yes it was not only expl. but the exam paper with dr.x comments on it. my pcp should have looked into the examining dr.dx that's why I feel he is liable. PLEASE IF YOU HAVE A SMART MOUTH ANSWER KEEP IT TO YOURSELF PEOPLE USE THESE FORUMS FOR HELP ,GUIDENCE AND I FREQUENTLY HEAR BELITTLING ANSWERS I AM NOT AN ATTORNEY
  31. -1 points
    What this person failed to mention is that if you're on disability for your condition and your means of income is your monthly check then if your don't show up in court and they win the case. They can't garnish your monthly check! The law doesn't allow garnishing SSI/SSA checks. Only if you're employed then they may can get a garnishment to garnish payments from employee checks, but then there are court documents that you can get at the courthouse to file asking the Judge to stop the garnishment. In many States it is illegal yet courts allow it unless you file the proper court papers to stop it.
  32. -1 points
    "50/50 custody" is not a term that appears anywhere in the Domestic Relations Law, and "liv[ing] with the dad" does not sound like anything that could be reasonably described using that term. In any event.... For starters, who are you? Are you the father? I assume you're not the mother since you obviously know what's going on despite the father's plan not to inform the mother about this. As for the question, no law in the State of New York (or any other state) makes it illegal to leave a teenager without adult supervision for any particular period of time (and parents have been leaving teenagers home alone for decades). Nor is there any law that would require the father to notify the mother about this. It is not inconceivable that the divorce decree or custody order may have something to say about this, but we obviously have no idea what these folks' decree/order says. Do you?
  33. -1 points
    I appreciate the sarcastic statements from all. Nothing like keeping it professional. I don’t know everything but I do know that once you are licensed they should always act professional - even if it is giving advice via the Internet. Should have known I would get some smart ass sitting on the couch instead of studying their clients files. You are dismissed and zero thanks for your help.
  34. -1 points
    Actually I just wanted an accurate response from a professional. PROFESSIONAL,, not from a cocky Atty. Glad you can hide behind the keyboard because I can not see anyone hiring you with such unprofessional mannerisms. Have a great day!
  35. -1 points
    Ungrateful prick....
  36. -1 points
    And of course there is nothing sarcastic or unprofessional in any of your responses. Oh, no.
  37. -1 points
    Thank you for just admitting that you were acting sarcastic and unprofessional. Good luck in Coury. Judges love that.
  38. -1 points
    CB1

    Police & geofencing scenario

    I don’t know what your deal is. Does picking apart every word a person says in an attempt to make them feel stupid make you feel better about yourself? I posted a question about a topic I know very little about in hopes of getting a real answer, not to have an argument with some stranger.
  39. -1 points
    👌 Same goes for U.
  40. -1 points
    Victor Ross

    Car Accident (5 vehicle)

    Submit a written statement to the highway patrol and let them know all the happenings in detail. If you have any witness, try to include his/her statement too.
  41. -2 points
    Chris Lewis

    Diving Accident

    It is the law in Florida that you have a duty to warn people like our drunken C-3 of foreseeable injuries. They didn’t have a NO DIVING sign. Also, a quadriplegic’s lifetime medical expenses equal a million dollars. Even though he behaved foolishly and caused his own injuries he’d be an idiot not to sue given the type of litigious legal climate we have in this country. Generally the attorneys sue everyone: the bar owners for failure to warn, the people who designed the tiki lounge, and anyone else they can think of. It’s just the way it’s done here. C-3 hasn’t ever said he wasn’t stupid or wasn’t responsible for his injuries, but was still hoping he could get some compensation. And honestly with how our legal system works he might. We’ll have to see what happens.
  42. -2 points
    Eklektos

    Age of majority while traveling.

    Tax_Counsel, I've been reading some of your replies to people. You are definitely an attorney! The language used, the fraud unrevealed, the covering of a multitude of sins through the use of "legal terms". I especially liked your response to a question about the U.C.C. and its applicability to the public … which is true in the legal sense. What you failed to mention was that the Uniform Commercial Codes were forged as a basic guideline to allow these de facto courts to operate through Lex Mercantoria, while still providing the necessary remedy within these codified laws for actual and real Law to prevail. In your reply above, you failed to mention what the "Age of Majority" actually implies within the court room setting, and … while a comma is all that separates your thoughts on enforceable contracts and traffic citations … you didn't mention that the citation is actually an offer to contract on one face, which is enforceable through consent by "appearance", "compliance" or "acquiescence". Voting is a privilege provided by the same agencies that make the Public liable for the U.S. bankruptcy through taxes and liens on the private people's estate and labor by subrogation, which you practice daily in your routine. Attorney: "to turn over into the hands of" … Constitutional guarantees include a right to "assistance of counsel", which the BAR has turned into "need an attorney", so you can throw the debtor / defendant into the sea of commerce and loan his signature out to line your pockets with performance bonds / negotiable instruments / securities / derivatives …. and not even the decency to thank the Accommodating Party for allowing you the benefits of his estate in Trust! Ruthless, man …. downright ruthless! lol …. at least it keeps the world sick and dark, right? Anyone reading …. in court …. hypothecate the bond! Make them liable... it's a legal right to subrogation, put the court agents back into the Trustee position, file a 1099 OID after getting the bond number from the comptroller of currency in your local district court or county assessor's office, and watch the worms wiggle at the end of the hook. Also, I'm sure the reply to this will be replete with condescension and legal-speak. Ask your prosecuting attorneys and "judges" for their FARA certifications, as they are foreign agencies to our country! British Accreditation Regency = BAR … BAr BAr BAr = Ba'al. It's all ministerial and about Honor vs. Dishonor. Respondentia Merchant Law Hypothecation Salvage Deeds Ecclesiastic Deed Polls c'estui que vie Trusts Papal Bulls Regis The Crown
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