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Showing content with the highest reputation since 04/20/2017 in all areas

  1. 3 points

    Diving Accident

    Sure it would have, but the question will be whether it was a reasonable option. I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do. And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water. Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned? Making the darn thing 8-feet deep would be far more likely to result in injury or death. I'll bottom line it: if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  2. 3 points
    Who did you call at your insurance company? I'll bet it was your agent (clueless). Any insurance person with half a brain should know that your deductible applies to damage to your property under Section I of your policy and does not apply to defending you against a lawsuit under your Section II Liability Coverage. Take out your policy papers and look for a toll free number for reporting claims. Call up and say "I am being sued. Please open a claim under my liability insurance." Then you'll be assigned a claim rep to whom you can forward the summons and complaint by fax or email. Once you get the claim rep's name and phone number, don't wait until he/she calls you. You call and keep following up. Claim reps handle hundreds of files and get 5 - 10 new ones every day. A lawsuit gets priority but he has to know about it to do something about it. Do this quickly as you typically don't have much time to file an answer.
  3. 2 points
    That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years. The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16). It got a lot of online coverage at the time. It may be in civil code but the forfeiture is tied directly to your criminal case....
  4. 2 points
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice. Eric, am I right about that? If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature. If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help. Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  5. 2 points
    What does "automatically called" mean? Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"? Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  6. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  7. 2 points

    Same name usage in logo

    Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  8. 2 points

    "applicable laws"

    Just for giggles I took out the phrase about easements and other interests and what is left does suggest that a lot may be subdivided if that subdivision complies with whatever county or city laws apply to subdividing lots. Next question: Is there anything anywhere in the CC&Rs requiring HOA approval for any modifications of a property?
  9. 2 points
    I want to thank you again for convincing me to call our insurance company again. They are handling the issue and so far we are extremely pleased! One of the attorneys came out to the house to take tons of photos and discuss the case. They filed a spectacular answer with a dozen defenses and requested a jury trial if the judge won't dismiss.
  10. 2 points


    Depends upon what the CC&Rs say, and we haven't read them.
  11. 2 points
    No. The judgment you would get would mean the defendant owes you some money. Since the lamdlord would not be a party to the suit, the court could not rule on the obligation between you and the landlord. Also, since you are thhe tenant, you are the responsible party regardless of any agreement between you and a third party.
  12. 2 points

    Rumors About My Health

    Presumably there have been other instances at work as one situation a few months ago would be long forgotten if that were it. Asking everyone to overlook and ignore your symptoms is unreasonable. Better to have some sort of polite but brief script when something happens. Most will understand if you explain you are under the care of a doctor but are still fully capable of working and would appreciate it if they would respect your privacy as you work toward a diagnosis and treatment.
  13. 2 points
    Have you already filed bankruptcy? If not (and even if you have) you should consult an attorney who can review the complete situation. Bankruptcy exemptions are (for the most part) matters of state law. Only a Wisconsin attorney who is familiar with Wisconsin law and the practices and procedures in your local bankruptcy court should be relied upon for advice.
  14. 2 points

    motion to suspend visitation

    pg1067... why are you so mean when you respond to people’s questions?
  15. 2 points


    Good question. But I think the "huge ass" part of the phrase refers to the size of the bowl. Like in "That's a huge ass Cadillac you're driving."
  16. 2 points

    HAVE to show I.D.?

    No. Read this: https://en.wikipedia.org/wiki/Stop_and_identify_statutes But how would you know what the officer suspects or doesn't suspect? Answer: You don't. You could resemble somebody who just robbed a store around the corner. You could end up on the ground with your face rubbing the pavement while you are being handcuffed and then you get to argue the officer's behavior in court long after the damage has been done. If an officer stops you while you are innocently just walking down the street, don't be one of those "I got rights" people. He may have a reason for asking you for ID that you don't know about and I don't see any harm in providing it and then being sent on your way if all is well. If your question is based on something that actually happened to you then give us the details so our comments might be helpful instead of meaninglessly speculative.
  17. 2 points


    Let's keep on track with the subject at hand, everyone. You can disagree without dwelling at length on the extent of your disagreement with each other. I've removed the 'extraneous' posts.
  18. 2 points


    Are you working now? Are you living on your own? Did a court grant guardianship of your daughter to your parents or was this an informal agreement? Your parents have raised your daughter, and understandably they have a bond with her and they will almost certainly fight your efforts to get your daughter back. You will need to demonstrate that you are able to provide for your daughter by establishing that you have a stable work history and housing arrangements. If you are working, you will have to have a plan in place for her care while you are working. I'm not sure why you are even mentioning having another child when it appears you can hardly care for yourself, let alone two children. You do need to retain an attorney for assistance with this. Check with Legal Aid or your State Bar's Lawyer Referral program. They should have a program that would allow you to meet with an attorney one time for no fee or a very nominal fee.
  19. 2 points
    Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  20. 1 point

    6500 motions

    Depends on what sorts of motions they are (motion to continue trial date, motion to dismiss, motion for summary judgment). I've spent anywhere from two to over 100 hours on a motion. If we assume an average motion takes 7.5 hours, then 6,500 motions would take 48,750 hours, which works out to 975 work weeks of 50 hours, which would be just under 20 years of work (assume 2-3 weeks off per year). Now...if you want to offer a better explanation of what you're talking about, we may have more input for you.
  21. 1 point
    File the divorce case in Pennsylvania. Problem solved.
  22. 1 point

    LandLord filed Chapter 13

    You may want to consult with a lawyer that handles bankruptcy cases, as this situation can be a little complicated. 'Rejection' of a contract, in the context of a bankruptcy, refers to a bankruptcy debtor's ability to terminate an ongoing contract to which the debtor is a party merely by making an appropriate filing in the bankruptcy case. The idea is that it gets the debtor out from under the obligations of a contract that the debtor believes is too expensive or otherwise burdensome to continue to perform, which is part of the bankruptcy law's goal of giving the debtor a "fresh start." There are some special rules in the bankruptcy code around what happens when a landlord is the debtor and decides to reject a lease. Bankruptcy Code Section 365(h). In that circumstance, a tenant has 2 basic choices - (1) treat the lease as terminated, vacate the property, and assert a rejection damages claim against the debtor in the bankruptcy case, or (2) retain its lease rights in the property for the remainder of the lease term, including the right to remain in possession of the property, and continue to pay rent. In the second scenario, the tenant has some rights to offset the rent with the costs of doing what the landlord is not doing (for example, if the landlord fails to maintain the property), but the tenant can't file a rejection damages claim in the bankruptcy case. But there are some important details to all this, including verifying that the landlord has actually undertaken the steps required to formally reject the lease. It requires more than just the landlord telling you that she has rejected the lease. A bankruptcy lawyer can assist you with working through your options.
  23. 1 point

    No will and probate

    That's silly. What people told you this? You can always do something, but it's been nine years. About the only realistic thing you can do is consult with a local attorney about the house that (presumably) still stands in your mother's name. The problem is that, under Iowa's intestate law (i.e., the law that says who gets what when someone dies without a will), your stepfather did inherit or should have inherited a one-half interest in the house and the greater of one half of the rest of your mother's estate or $50,000. You and your siblings should have split the balance of the estate (if anything). Therefore, at this point, the best you can hope for is that you and your siblings will co-own the home with your stepfather. No reason to believe that. Currently? Of course not. When he dies, his property will be divided in accordance with the terms of his will or Iowa intestate law. After so much time, it will be presumed that all of the contents of the house belong to him and, as mentioned above, he inherited or should inherit a one-half interest in the house. In the abstract, virtually anything is possible. See above, but it's probably now too late to do anything about anything other than the house. Even if he did this, and even if you could prove it so far after the fact, the statute of limitations likely has expired after so much time. You're free to inquire with the bank about its existence and status. I believe there's some sort of searchable database that you probably can find by googling, but after so much time, its entirely possible that any unclaimed proceeds have escheated to the state. Almost certainly not. No. You will have to seek to probate her estate or otherwise seek to have title put into your and your siblings' and your stepfather's names. If that happens, then each of you will have the right to possess the premises. No way to know unless you want to provide some relevant facts. You're right, and nothing's going to happen now unless you consult with a lawyer in the area where the house is located.
  24. 1 point
    You look for an attorney who has experience suing police departments and municipalities. The problem is that your dog's value is determined pretty much the same as the value of your TV set and courts are not regularly awarding emotional distress. It's unlikely that you will find anybody willing to take the case on a contingency which means it will cost you tens of thousands to litigate against the city. I suggest you contact the media (TV and newspapers) and see if you can get this cop fried in the media, since court isn't likely to get you very far.
  25. 1 point

    Death of Spouse without a Will

    The answer is found in the CA Power of Attorney statute sections on duties and obligations of the Attorney-In-Fact. http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=4.5.&title=&part=2.&chapter=4.&article=2 Seems to me that he has violated the statute to a considerable extent and the stepmom would have some serious recourse if she was willing and able to sue him. "Willing and able" means having the money to hire an attorney, in case you were wondering.
  26. 1 point
    It seems that in New Jersey, a notice to quit given less than 30 days before the end of the month will be effective as of the end of the month following the month in which the short notice was given. There is some case law on this topic, and it is briefly referenced in the useful guide to which adjusterjack provided a link.
  27. 1 point

    Hot tub purchase, leaks!

    You would have to prove he knew about the problem. I don't see how you can do that unless he says so. His offer to give you some money is NOT proof he knew.
  28. 1 point

    Need help and honest answer.

    This past weekend, I had hit a parked car in which had led to a minor scratch on the bumper of my vehicle and no damage to her vehicle. The owner of the vehicle stated that she isn't calling the police and that I'm good to go. So I left to go shop and got in the vehicle then left the scene. Later, that evening the police arrived to my home in which I wasn't there, stating they was coming to check on me, because they heard I was involved within an accident. Does that count as a hit and run or being locked up? I need advice please.
  29. 1 point
    Please articulate exactly what this means. What "easement." Who has an easement over your neighbor's property? Never heard of such a thing as a "tertiary law." Are you sure that's what you meant to type? Why would you think there would be a law making it illegal for a property owner to allow a guest to use the property? "Has to look"? What makes you believe you are under any obligation to look? So...you're jealous? You didn't ask a question, so I'm unsure what the point of your post is. Nothing you've described suggests anything illegal is occurring. It's possible that the arrangement is violating some local zoning law, but we obviously have no way of knowing about that since you didn't identify your locality.
  30. 1 point

    Being investigated Revised

    Rather than starting a new thread, you should have posted this in the existing thread. Then you need to ask for a public defender and keep your mouth shut. Yes, but I doubt if this is really what you intended to ask. Kentucky's law on terroristic threatening in the second degree is found in section 508.078 of the Kentucky Revised Statutes. I suggest you read it carefully. As I read it, your dumbass friend is guilty of it, and you apparently encouraged him to do the crime. Whether your encouragement is sufficient to convict you as an accomplice is something about which you need advice from a Kentucky criminal defense attorney. It is possible that the prosecutor may "overcharge" you in order to induce you to plead guilty to a lesser offense. It's also possible that rolling on your friend will help you get a better plea deal. We have no way of intelligently predicting this. No way for us to know.
  31. 1 point

    Court Misconduct

    You haven't shared a single supporting fact, just a rather bold and inflammatory accusation. Claiming an entire court and the attorneys who try cases in that court are corrupt is not only unlikely, but exceedingly difficult to prove. To be honest, it sounds like you were involved in a case of some kind and it didn't have the outcome you wanted. If you post what actually happened, we can better point you to your modes of recourse.
  32. 1 point

    What is sexting?

    None of them are child pornography and whether they are sexually suggestive depends on one's point of view. They are not sexually suggestive to me but they certainly could be sexually suggestive to a pedophile. And it's probably for that reason that the term "sexually suggestive" is not likely to be used in a criminal prosecution. Federal law defines "child pornography" as: And defines "sexually explicit conduct" as: There's more. You can read the federal definitions at: https://www.law.cornell.edu/uscode/text/18/2256 Michigan, for example, doesn't use the term "child pornography." Instead, it defines "child sexually abusive material" as: There's more there, too. You can read it at: http://www.legislature.mi.gov/(S(yrab321qh11vaewbud2z2qkl))/mileg.aspx?page=GetObject&objectname=mcl-750-145C
  33. 1 point
    Do I understand that you did not see a medical doctor until a year after the crash? But to answer one of your questions, personal injury settlements do not include aggreements to pay for future medical care. The predicted cost of future care is reduced to a number representing the present value of a stream of probable future care. Of course almost everyone spends that sum long before the care is required. If you had consulted an attorney shortly after the crash he or she would have told you to see an orthopedic surgeon immediately. Chiropractors cannot treat ruptured disks.
  34. 1 point


    Yes. The police are not required by to investigate all criminal complaints. Nor does the law require prosecutors to prosecute all crimes that are brought to their attention. The police and prosecutors have the discretion to decide which cases to pursue. If the public does not like how they decide what cases to go after that is a political issue, not a legal one. With respect to child pornography charges against a web site, there are a number of factors that a prosecutor has to consider when deciding whether it will be a good case to pursue. For example, who is actually posting the material to the site? Is it the site operator itself or are others uploading the material to the site? If it is the site operator, does the operator know the material might be child porn and does the site have policies in place to help prevent posting child porn? Is there solid evidence the persons depicted were actually minors at the time the material was made? How old are the kids in the pictures/video? How frequently is the material appearing on the site and how long does it stay after someone brings the child porn to the attention of the site operator? Winning a child pornography case is not easy to do, the prosecutor has to build a solid case against a defendant that every element of the crime has been satisfied. If you want to pursue this, try also making a complaint to the FBI. Federal law also prohibits child porn. Perhaps the FBI might take a greater interest in it than your local police does.
  35. 1 point
    Your neighbor sounds like she's not planning on putting up the fence any time soon. You've already been patient for a month and now I'd approach her with a deadline. Is this a good neighbor fence? I take that it separates your properties? What if you had pets that needed to be safe & sound while in your backyard? Seriously, I'd approach her and put it in writing that a deadline is in place and that perhaps she should hire a contractor to put the fence up if her feet hurt. I understand that you must live next door to this idiot but enough is enough. You may have to take her to small claims court if she continues to refuse to put the fence up. Would it help if maybe you offered to help her put the fence up? I mean anything to get your privacy and a sound mind back! Keep us updated! Good luck.
  36. 1 point


    You have indicated to me that this was from the sale of a large commercial property, that the proceeds are being divided among a large number of beneficiaries, and you are receiving your share of the sales proceeds next month. Louisiana presently does not impose either an estate tax or inheritance. The federal estate tax should have been paid by the estate and so long as that was done you would not have to worry about paying any federal estate tax on your share of the estate. The one tax issue that you may have is that there may be an income tax gain or loss on the sale of this property. If the property was sold by the decedent’s estate and the estate is the one distributing the sales proceeds to the beneficiaries then each beneficiary will include on his/her income tax return his/her share of the estate income, deductions, and credits. That information will be provided to each beneficiary on a Schedule K-1 which the estate will provide when it files its income tax return (Form 1041) with the IRS. You then report the information on your return as directed by the K-1. Ask the executor when the K-1 will be sent out. Whether there is any significant income tax gain here depends on details of how the property was owned, what it was worth at the time of the sale, and what it was worth at the time the relative died. You’d have to ask the estate executor about what gain may be allocated to you from the sale if you really need to know that before you receive the Schedule K-1. If the property was distributed to all the beneficiaries (i.e. the property is in the beneficiaries names) and the beneficiaries are the ones selling the property rather than the estate then each beneficiary will report his/her share of the sale directly on his/her personal income tax return on Schedule D of Form 1040. To do this you would need to know the adjusted basis of the property, the gross sales price, and the expenses of sale. If the relative owned the property directly in his/her name (i.e. not through a corporation) and the property was sold very soon after the relative died then it is likely that there is not much income tax gain on the sale, which would mean you would have little or no tax to pay as a result of the sale. But until you get that K-1 or find out from the executor what the gain was I suggest you not spend all that money you are getting. Park the money in some secure investment or FDIC insured bank account until you get the K-1 and file your own return to ensure you have the money to pay the income tax to the IRS and the state. Edited to add: you also asked me: It is possible to trade one investment property for another one (you cannot do it with your personal residence) and defer paying tax on the gain. This is an exchange under Internal Revenue Code (IRC) section 1031 and also known as a “like kind exchange”. But in order to make that work you cannot receive cash from the sale of the property you are giving up. You either must directly trade properties with the other person or you have to use an intermediary to hold the proceeds from the sale of your property and have the intermediary pay that to buy the new property. If you ever get control of the cash yourself that blows the like kind exchange and you have to pay the gain from the sale now instead of deferring it. Since you are getting a check from the sale of the property this is not something you can do here.
  37. 1 point

    Financial responsibility

    I'm pretty sure that any financial arrangement with an assisted living facility is between your Dad, his wife, and the facility. The facility will need to be paid. The facility doesn't just "take" the money. The resident will have to pay the money. Which account it comes from is between your Dad and his wife. How so? Dementia? Alzheimers? Or something medical/physical? If the former, and she is not mentally competent to handle her own finances he will have to petition the court for conservatorship so he can get control of her money to use for her benefit. If she is mentally competent to handle her own finances then the issue is something they will have to work out for themselves. What's your stake in all this?
  38. 1 point


    And I can't believe you are responding to a posting that is over 3 years old.
  39. 1 point

    Phone Bots

    Well...which is it? "[T]he most the app can do are [sic] kick him out"? Or "at the very most they [sic] might sue him"? By the way, an app cannot sue anyone. "Major rules"? As opposed to minor rules? Who decides which rules are "major" and which are "minor"? I suppose it depends on whether the IRS becomes aware of any facts that might result in it becoming suspicious. I honestly couldn't care less what your friend does (as long as it doesn't affect me, and this doesn't affect me), so I have no interest in convincing him to do or not do anything. I am, however, happy to provide whatever information I can in response to your inquiries. It's worth noting that no one here is familiar with any of the terms relating to any of the apps at issue, and that would be necessary to a complete analysis of the situation. Nothing you've posted suggests any laws would be violated by your friend's plan. I don't know because I don't really understand exactly what your friend is proposing to do. Well...I suppose someone could get really upset and hunt down and kill your friend and his family. While unlikely, that is certainly something that "could happen," and I would think that would fit the description of "worst." The notion that "you don't have to report it to the IRS" if "you normally get money from apps the right way" is absurd. Income is income and must be reported as such.
  40. 1 point
    Given the language of the statute that I quoted above and the EEOC regulations on the matter, I’m curious how you reach that conclusion. Under the regulations, a paternity test is explicitly defined as a “genetic test.” 29 CFR § 1635.3(f)(2)(vii). Genetic tests are part of “genetic information.” 29 CFR §1635.3(c)(1)(i). And a covered entity “means an employer, employing office, employment agency, labor organization, or joint labor-management committee.” 29 CFR § 1635.2(b). The regulation provides the following rule on acquiring genetic information: 29 CFR § 1635.8(a). So the employer, as a covered entity, may not request or require any genetic information, which includes a paternity test, of an employee or family member of an employee unless one of the exceptions in 29 CFR § 1635.8(b) is met. These exceptions are the following: (1) Where a covered entity inadvertently requests or requires genetic information of the individual or family member of the individual. (2) Where a covered entity offers health or genetic services, including such services offered as part of a voluntary wellness program. (3) Where the covered entity requests family medical history to comply with the certification provisions of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or State or local family and medical leave laws, or pursuant to a policy (even in the absence of requirements of Federal, State, or local leave laws) that permits the use of leave to care for a sick family member and that requires all employees to provide information about the health condition of the family member to substantiate the need for leave. (4) Where the covered entity acquires genetic information from documents that are commercially and publicly available for review or purchase, including newspapers, magazines, periodicals, or books, or through electronic media, such as information communicated through television, movies, or the Internet, though some exceptions apply that do not allow the employer to obtain that information. (5) Where the covered entity acquires genetic information for use in the genetic monitoring of the biological effects of toxic substances in the workplace. In order for this exception to apply, the covered entity must provide written notice of the monitoring to the individual and the individual must be informed of the individual monitoring results. The covered entity may not retaliate or otherwise discriminate against an individual due to his or her refusal to participate in genetic monitoring that is not required by federal or state law. (6) Where an employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification and requests or requires genetic information of its employees, apprentices, or trainees, but only to the extent that the genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination and is maintained and disclosed in a manner consistent with such use. I don’t see any of those exceptions as even remotely applicable to this situation. But I would very much like to hear your argument to the contrary.
  41. 1 point

    Dividing property

    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.
  42. 1 point

    Depoisit refund

    You need to learn that auto dealerships are not department stores. You can't take a truck back because you decided you don't want it anymore. The dealer is entitled to an opportunity to repair the truck and is entitled to get their profit from selling it. You can either go through with the financing and pay for the truck or kiss your down payment goodbye.
  43. 1 point

    Virginia tenant

    I would argue that the fact that the landlord re-let the premises the day after you moved out entitled you be refunded what you paid for occupation of the premises for the remainder of the term. Whether that would fly with the judge hearing your cases or not is unpredictable.
  44. 1 point
    No one can prevent her trying to obtain some part of the estate, just as you can't prevent any other person from attempting to make some sort of claim. Legally, she is not entitled to any portion of your estate. Having a will which directs the disbursement of ALL assets is the best defense against any claim getting very far. Only assets without a specific beneficiary (such as life insurance, a pension, etc.) and those not mentioned in a valid will would be subject to intestate laws. She still wouldn't be entitled (if your son had a child, the child would), but it is still best to have a will. If you have sort of joint finances with this woman, I would meet with a financial advisor or estate planner to ensure that those assets or accounts are set up as you wish them to be after your demise. Or, those assets and accounts are separated and liquidated or transferred while you are still alive. This would include any assets or accounts you held jointly with your (step)son. It isn't clear the nature of this account you maintain, yet she benefits from.
  45. 1 point

    Paying back for a Scam

    Whoa there. Putting aside the fact that anyone can sue anyone for anything, we have no information from which one could reasonably conclude that the OP's sister has any legal liability for this money. All we know is that the sister "received a phone call [while at work] that resulted in the store being scammed out of $2,300." That's a long way from legal liability. To the OP: Regardless of the details of this incident, it is absolutely correct that your sister can be fired because of this incident. Therefore, she has to weigh the value of keeping her job against having $50 taken out of each of the next 46 paychecks. If she objects, then she probably should make that clear to her employer and think about making a claim with the Virginia Department of Labor and Industry.
  46. 1 point

    Deceased beneficaries of will

    Your cousin should get another attorney to represent him as administrator of the estate and make sure our interpretation and application to this situation is valid.
  47. 1 point
    It would be rare for the second opinion doctor to be the one to perform the surgery. Most won't do so ethically, assuming they are even licensed to perform the procedure. Many who do independent medical exams are not. You can find more here http://www.lwcc.com/Workers/Benefits-Claims#6
  48. 1 point

    Dad died intestate

    If dad's estate is worth anything, the son needs to open up probate and that would give him legal authority to handle estate affairs. Is there enough money left in the estate to pay the funeral expenses? If so, then he needs to let the funeral home know that he, as administrator of the estate, will take care of that matter. If there is not enough money, then he doesn't need to deal with that, since it appears that the funeral home is going to hold the sister with the POA responsible. If the con artist does not in fact live at dad's address, then your son needs to report to the local post office that her filling out the change of address form was fraudulent.
  49. 1 point
    I think you, as well at the people 4 years ago missed this part.
  50. 1 point

    Take or Refuse Sobriety Tests?

    No one is required to submit to the field sobriety tests.
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