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doucar

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Everything posted by doucar

  1. I know of no law or regulation dealing with this. Have you spoken to the school about an accommodation?
  2. Yes, if Pennsylvania agrees and the other state accepts you.
  3. The trier of fact be it a judge or jury is given great latitude in determining the credibility of witnesses, and won't be overturned on appeal.
  4. If you have a legitimate counter claim against the plaintiff, of course you can counter sue. The disadvantage of not countersuing, is you my be barred from bringing the claim later. A counterclaim is not a defense, you have to defend against the claim.
  5. Yes, she was the person they gave the money to. why would you think they wouldn't go after her?
  6. No, and No. You should not misrepresent yourself to the court, you are only asking for trouble.
  7. The only way to get you name off the loan is to pay it off either you pay it off, she pays it off or she sells it and it is paid off.
  8. Yes, it is current and no changes in the law would alter the definitions you sought.
  9. While anyone can challenge anything, I doubt it would be successful, if he completed the change of beneficiary on the IRA. IRA are not part of his probate estate, unless the estate is named beneficiary. The daughter should take a copy of the death certificate to the institution where the IRA is located and claim it. If it is a traditional, not a Roth IRA, they will be income taxes owed on it when she takes the money, unless she chooses to roll it over into a retirement account.
  10. Absent a court order in your divorce from a judge, no you have no way to make him sign.
  11. You don't know you can file with the court for visitation or custody modification?
  12. Take her medical records to an experienced medical malpractice attorney for an evaluation.
  13. Have you asked them for assistance?
  14. I find no such law for menace to society in California. Are you sure this was the actual charge or just a description of you nephews behavior?
  15. Wisconsin law allows a victim to bring a medical malpractice lawsuit within: Three years of the act, or failure to act, that resulted in the injury. One year of the date on which the injury was discovered or reasonably should have been discovered. The law allows the victim to use either one of the above standards, but not both. If these standards result in different deadlines then the standard which would apply is the one that provides the most time to the medical malpractice victim. Generally, a medical malpractice claim may not be filed more than five years after the act, or failure to act, that resulted in an injury—even if the medical malpractice injury was not discovered within that time.
  16. Your post is very confusing. At first you refer to it as a partnership with three partners, then you refer to them as employees, not partners and then your refer to yourself as a minority shareholder. So what is it? A partnership or corporation or other business entity? and are the three of you partners, employees or shareholders or some convoluted form of all three? Your "rights" will depend upon the type of entity this is and your and their relationship to the entity.
  17. I would impact her Medicaid, not Medicare.
  18. You have to understand that anything he owned jointly with the girlfriend, could now be hers. If she were on the bank account, which is possible because you said she took all the money out, If there was a survivorship provision on the bank accounts, then that money was hers when he died, and does not go through probate. It is facts like this that the attorneys will need to work out, it may not be as cut and dried as you think it should be.
  19. How long were you off on FMLA and when would you have been able to resume work? How many employees does you employer have at your site and within 75 miles?
  20. .What rights do we have in this situation? depends upon the terms of the agreement you entered into with your siblings. If it does not address this situation, then, based on what you posted, she is an equal co-owner of the property and entitled to stay there. If your other siblings contribute, she should be expected to contribute.
  21. Does he need to have legal precedence, case law, or other law to support his claims? Maybe, Can he represent the evidence, the emails, screenshots of the portals, and the like in order to defend his case? If you mean can he present the evidence, then yes, if he knows and understands the procedure to do so. I would recommend spending a lot of time studying local civil procedure in the law library before trial. The property owner has been unable to acquire adequate legal counsel. Unable or unwilling to pay for it? Going to a trial without an attorney when the other side has an attorney is like going to a gunfight armed with a rubber knife.
  22. You can demand anything you want to, it doesn't mean he will do anything. If your damages are in excess of 75,000.00 you can sue him in federal court in Missouri or Oklahoma. Or, generally much less complicated you can sue him in state court in Missouri or Oklahoma. You will not find many PI attorneys who regularly practice in federal court.
  23. Adoption laws are state specific and I don't believe any attorneys from Wisconsin follow these boards at this time. So the best way for you to get accurate answers, is to contact an adoption attorney in Wisconsin on Monday and get the process started. In the three states I have practiced in, a child does not have to be in the "system" to be adopted.
  24. If there were such laws, they would be local ordinances, which no one here would be familiar with, since you didn't post your state or locale.
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