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RetiredinVA

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Everything posted by RetiredinVA

  1. RetiredinVA

    toxic mold in apartment

    Then it may be difficult to hold the landlord liable for not correcting the mold problem.
  2. I'm sorry but there is simply no way for us to explain something a judge did or thought.
  3. RetiredinVA

    AxonHCS: Possible Fraudulent Conveyance

    If there is a conveyance and it can be proven to be fraudulent, it can be set aside. Aside from that, with no facts given, it is relativel impossible to say if the conveyance you are suscpicious about can be enjoined. BTW, I am not clicking on any links.
  4. RetiredinVA

    P.O.D.

    Yes. However, the validity of such contracts could be challenged after they were entered into. But the law recognizes that people can enter into contracts and make wills during lucid periods. I am curious why you continual seem to focus on "the guy from McDonalds." The fact that hey first met at McDonalds, as opposed to meeting at a church social, is truly irrelevant. Perhaps the guy from McDonalds would not have been selected by your father as his confidant if you had been available.
  5. RetiredinVA

    Judgment or Contract Date?

    The reason we can't answer yyour question is because the inference drawn from the necessity for the suit. If it was intended the equity be granted immediately, i.e. in 2015, it would not be necessary to have the grant of equity set out in a contract. So, there must have been some intent of the parties that the equity would be granted at some time in the future. If that is the case, there should be something in the contract defining the time or contingencies that would occur that would result in the award of the equity. That's why I ask about the provision in the contract governing the award of the equity interest.
  6. RetiredinVA

    leathal force used to apprehend service dog

    Was your dog off the leash?
  7. RetiredinVA

    Judgment or Contract Date?

    What does the contract say about the award of equity? What does the order say about the award of equity? When you say equity are you referring to a specific number of shares or a specific percentage of ownership or something else?
  8. RetiredinVA

    Judgment or Contract Date?

    No one here has seen the contract or the court award. Nor do ws know any of the facts of the case. If you have a lawyrr, ask your lawyer. If not, consult a lawyer who can review all of the fact and fzctors.
  9. RetiredinVA

    My rights as a beneficiary of a trust

    No one can comment on a trust without reading the trust document.
  10. RetiredinVA

    Covenants Rules and Conditions

    I'm just guessing here but the issue may be that only the 90 lots on which homes have been built will benefit from the installation of sewer lines and the owners of the other 910 lots would rather not have to pay for it.
  11. RetiredinVA

    Covenants Rules and Conditions

    So, that's not really a legal issue. BTW, it looks like we were down this road about three years ago. Has anything changed?
  12. RetiredinVA

    Covenants Rules and Conditions

    Is there anything in the deed restrictions that would prohibit extending sewer service to the lots? If not, I would assume there would be no reason why you couldn't. Regarding developing the land: you could develop land that belongs to you. Every square inch of land in the US belongs to someone and you would develop someone elses land at your peril.. The owner could show up after you developed it, thank you very much, and take back the land and development thereon.
  13. RetiredinVA

    Spouse's Benefiits Upon Retirement

    If you have a vehicle you and/or your spouse should drive to his place of employment and sit in the HR office until you get the form! Then drive to the AS office and hand it over. Thus is not s legal problem.
  14. Only a court can appoint a guardian for children. No paper you sign has any legal significance in determining whether you can have custody of your children. Similarily, your original intent to have an abortion is irrelevant since that is not what happened. Granting temporary guardianship is frequently done for purposes of medical treatment or temporary residence. It can always be revoked by the parent. Notarization merely proves that the signatures on the paper were written there by persons who allegedly signed them. It has no other legal significance. You are entitled to take custody of the children if you can do so without causing a violent confrontation. If that is not possible, you can file for custody in the appropriate court.
  15. RetiredinVA

    P.O.D.

    Why do you think she did it? It is far more likely both you father and his wife did it together. In your opening post you said: So it sounds like the couple assumed your father would die first and they set up the pay-on-death designation on that assumption. Of course that is not what happened. Your father could have changed the pay-on-death provision after his wife's death, but he obviously didn't.
  16. RetiredinVA

    P.O.D.

    Please! I will say this one last time. When his wife died, the funds in the bank account became your father's sole possession because the account was a joint account. There was no need for the attorney in fact to transfer the funds. They were already in your father's account.
  17. RetiredinVA

    health taken by knee replacement

    No idea what you mean. Most medical malpractice attorneys offer free initial consultation. Call one.
  18. RetiredinVA

    P.O.D.

    Funds that are in bank accounts that are joint accounts or that have provisions such as P.O.D., pass according to the provisions of the bank's contract with the owners of the account. Upon the death of a joint owner, the balance in the account goes automatically to the remaining joint tenant. It does not pass through probate and cannot be affected by the provisions of a will. So, when the wife died, the funds automatically became the property of the husband. Unless the husband changed any existing P.O.D. provisions, the funds then passed to those designated as beneficiaries of the P.O.D. designation. None of this can be changed by the wills of the joint owners. If your proposed suit against the former agent acting under the power of attorney is based on a claim that he was required to somehow change the designations of beneficiaries of the bank account, I believe it will fail. In fact, the account did pass to the husband upon the death of the wife. It did so because he was the surviving joint tenant, not because of anything in the wife's will. Since the account was not subject to the terms of the wife's will the attorney in fact was not required to change the beneficiaries as proposed in the wife's will.
  19. RetiredinVA

    P.O.D.

    Since the poster indicated his father had "passed", this might be difficult.
  20. RetiredinVA

    P.O.D.

    Since you have not identified the state where this occurred meaningful comment is difficult. Estate law is uniquely governed by state law. However, I question why you would seek the opinion of anonymous individuals on the internet rather than relying on your attorney. Also, no one here has ever seen the wills or power of attorney in question.
  21. RetiredinVA

    Constitutional _ Florida Amendment 13

    This is not a forum where solicitation of lawyers is permitted. However, I question your reasoning. Prohibiting dog racing does not constitute the "taking of a legal profession." All forms of using animals for "sport" are regulated and, in some cases, prohibited. Horse racing, for instance, is tightly regulated. Cock and dog fighting, on the other hand, are prohibited in most states. I don't see why the use of dogs in a specified way cannot be regulated or prohibited.
  22. RetiredinVA

    Vacation contract

    "Right to work"refers to whether the company can be subjected to union rules requiring all employees to belong to a union. "Employment at will" is a more important issue in most employment contracts. For instance, in your case you may have a contract requiring the company to give you certainvacation bebefits. However, if the contract does not require the company to employ you for a specified time, that is a specified number of months or years, the company can fire you at any time if they decide not to give you those benefits. Such contracts, however, can cut both ways. If the company is required to employ you for a certain term, it will also have to require you to work for them for the same time. If not, the contract does not contain mutually binding terms and may be unenforceable.
  23. Do you have any evidence to prove the person who sold you the car knew the vehicle had a salvage title. IF Carfax and two state DMV's didn't indicate the vehicle was salvaged you may have difficulty proving the seller knew. Anyway, if you are expecting to take action against the original seller, you would have to do it in Texas and your success would depend on whether (1) you can prove the seller guaranteed you the title was clear, (2) you can prove the seller knew the title was not clean, (3) you have suffered some damage as a result of a deliberated misrepresentation by the seller. Simply knowing you vehicle has a salvage title is not a real item of damage. If you like the car, just drive on!
  24. It is not clear whether the divorce decree was actually entered by the judge. Was it? Does the decree state when he is required to make the payment?
  25. RetiredinVA

    Email marketing quesiotn

    We are assuming that your business name is the actual name of a legally incorporated or organized business under the laws of the state where your main operation is located.
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