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  1. That's probably where I heard about a forced heir law, in Louisiana, where I lived for a time. But I'm quite sure I am always hearing about lawsuits by children who were passed over for a new wife or husband. Maybe they sue on general principles?
  2. Can a parent disinherit his own children, leaving his fortune instead to a second wife?
  3. I wonder how I might do that since I am in Connecticut and I assume it should be reported to Michigan authorities.
  4. Do you have an opinion as to whether the crime described would be first degree or not? I see no point, then, I suppose, in advising the Michigan authorities now myself. Is there one? Could the deceased uncle's estate be held liable in any way should the crime be deemed to be first degree? If so, how? Damages perhaps? I believe there might have been others who were his/her victims; for one thing, when their three children were growing up in Ann Arbor, when they were pre-teen, the aunt and uncle always had a procession of au pairs from England and France in their home, and some may have been under 18. I think that the Castro case drew a parallel for me and I felt I needed to know whether there was anything I could possibly do at this late date. The uncle was head of a big corporation in Florida, and actually had a portion of a college campus down there named after him in honor, in part, of his upstanding ethical . . . I suppose that if my daughter's condition were to worsen to the point I had to be her custodian, or whatever it is called, I might then be able to sue for damages on her behalf? But would a criminal conviction be necessary to do that? I don't think she would ever testify; when she finally told me about what had happened to her, she prefaced it with, "If you are ever on a witness stand, I want you to repeat exactly what I am going to tell you." In retrospect, I wonder if she was asking me to take action she couldn't bring herself to and that her father had failed to take.
  5. The atrocities took place 30 years ago when my daughter was 14-16. I only found out about it in recent years and when I did I urged her to both file a police report and sue. She had gone to Michigan to live with her aunt and uncle, who were very well off, and attend private school with their daughters, roughly the same age. They were her paternal aunt and uncle and her godparents. She never told me about it until about six years ago when the damage was fully apparent. She told her father about it at the time and he told her to just forget about it. The uncle has since died, but the aunt, who drugged her nightly with hot chocolate, still lives and is very wealthy. The couple moved to Florida not long after this happened, I suspect to avoid the Michigan statute, which I believe has no limitation. I live in Connecticut. I thought perhaps I could sue because of my own pain and suffering. My daughter is too unwell and intimidated to take action.
  6. As the mother of a sexual abuse/rape victim do I have standing to sue the perpetrators?
  7. In Pennsylvania I have learned through a similar unfortunate situation, wills are filed with the county probate court only if they are being probated. Should someone convince the would-be executor or executrix not to probate the will (for example, if the deceased ostensibly had nothing to leave or else any such property was jointly held with survivorship rights to the spouse), no will even should one exist would be filed anywhere. If one is named in the will and it is probated, one must be given a copy of the will, otherwise, not. If you were named in the will and the executor or executrix does not have it probated, that would probably be a violation of the law and since little more than a year has passed, you should retain an attorney to investigate.
  8. Connecticut. Hypothetical: An elderly man has three grown children, one of whom has been institutionalized through the State auspices since he was a small child. He is now in his early 30s. The other two grown children want the father to write a will giving them the property (house and land). They believe that the State will not move to take the property against the other son's lengthy care upon their father's death. It seems to me that the State will put a lien on the property upon the father's death to cover the son's expenses until he was 18 and then, if anything remained to be divided up, the State would claim the ill son's third against his later and future care. Can anyone enlighten me?
  9. What would be an example of something you could not stipulate to be authentic? And how does all this jibe with rule 901, wherein it says that evidence that something comes from where such things are stored authenticates something? Why wouldn't a police report with the department identified fill this criteria?
  10. Oh, now I see what you're saying. So was I right or wrong to object to the authenticity of a cancellation notice I claim the insurance company never sent to me and a proof of mailing, since I contend they never mailed me the notice? It seemed to me that they were fraudulent, so I didn't think I could stipulate to their authenticity.
  11. It seems to me that cop reports fall under rule 803(8)© and are allowable, in this case, under the final phrase, "unless the sources of information or other circumstances indicate lack of trustworthiness" and 901(a)((1) and (7) on my testimony as to authenticity and on evidence it is from the public office where items of this nature are kept. Just my take on it, of course. It's a civil case and the reports just show that I reported my car stolen and that there is no record of its recovery by police later.
  12. I know you're probably right, but it just doesn't make sense to me that one could say, yes, this is authentic, is what it purports to be, and then object on the basis of hearsay. Like, because no one is here to verify it is real, or there is no certification to that effect, it loses the authenticity I already granted it. Hello? Perhaps this kind of sinister almost dichotomy that sometimes seems to me to permeate man's law (as opposed to God's, which it most certainly is) is what makes lawyers seem so nuts sometimes. Present company excepted, of course. On the other hand, I can see how it is possible to stipulate authenticity of an exhibit but object on the grounds it was obtained outside of discovery, though certainly this is a bizarre stricture if in fact the purpose of our legal systems is to ascertain truth and mete out justice. Well, for example, how would I refer to the rule that allows evidence of character to prove that a wrong was not simply an anomaly but was instead a corporation's habit of doing business? Rules 404( and 406 pertain. I like the part of the business record and public record exceptions that negate the need for testimony that certifies as legitimate on the grounds the would-be certifier lacks trustworthiness. Should be able to get cop reports in on that, wouldn't you think? Not to mention those of criminal corporations, but do, please.
  13. Thank you. What other jargon should I know in regard to the exceptions? Business records exception makes sense, and if the other side has already stipulated to the exhibit's authenticity, does one really need then to override an objection such as hearsay?
  14. Federal court. New Mexico. If you are trying to get exhibits entered over objection at trial, do you need to cite the pertinent rule (as in, 803(8), for example to override a hearsay objection) by number, or is it only necessary to recite the gist of the rule?
  15. Because the patient is in debilitating pain, he needs his brother to accompany him to doctors and treatment facilities and request, demand if necessary, treatment he is entitled to with his Medicaid coverage, which legally should entitle him to all necessary care and treatment just as if he had private medical insurance.
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