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RetiredinVA

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Posts posted by RetiredinVA


  1. I assume the poster is named as a beneficiary in her cousins will and has been appointed executor of her cousin's estate. 

     

    I am sure she realizes that under Iowa law, only the decedent's spouse, children, parents and beneficiaries of the decedent's estate can recover damages for the wrongful death.  If the decedent was not married, had no children, and didn't have a will then the only person who can be awarded damages for the wrongful death would be his "sperm donor."


  2. There are a lot of people who work and have never filed tax returns.  I have had several as clients.  They were usually cash basis painters or handymen.   There were illegal immidrants who gave their employer false social security numbers and moved on when the IRS notified the employer the SSN didn't match their records.  The issue sometimes came up when the client was injured and asked for lost income damages.  


  3. In Ohio, grandparents have limited visitation rights.  According to the findlaw summary of grandparent visitation rights:

     

    In Ohio: A court may grant visitation rights if the child's parents are deceased, divorced, separated, were parties to a suit for annulment or child support, or were never married to one another. Grandparents must show they have an interest in the child's welfare.

    Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent.

     

    In Texas: The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child's parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated.

    Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation.

    Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.


  4. Disclosure requirements are state specific.  You did not identify the state where this occurred.   Was the garage door open during the rain storm?

     

    As a side question, when you posted your question there was a box that asked you to "tag the state" Did that suggest to you that you should identify the relevant state?


  5. 2 minutes ago, Dr. Dan said:

    Don't they have the right to **** it back up without warning if they choose to?

     

    I would assume the utility company has an easement over the area where the hole was dug.  If that is the case, they have the right to keep the hole open until they have finished whatever they were doing.  


  6. This appears to be a restatement of a prior thread.  One possible problem is that apparently none of your ex-husband's representations were under oath.  If that is not correct, please state so.  It sounds as if every thing was discussed and arranged through a mediator.  However, you also mention an arbitrator and said the arbitrator "ruled" that your "earnings" ended when you ex-husband changed jobs.  There is a difference between an arbitrator and a mediator.  Which was it?

     

    Also, you vacillate between "earnings" and "alimony" and "asset". 

     

    You said you had an attorney.  You need to discuss this with your attorney who should know exactly what happened and can advise you as to future action, if any.


  7. It's not that no one on this site wants to touch the issue.  But, you posted your original question only four hours ago and suggested we weren't interested an hour ago.  The folks who post here are not employees or even volunteers.  And, we don't give legal advice.  But it is pretty obvious that the mother has to hire an attorney to file for custody in Ohio so she has legal documentation of her custody.

     

    I am sure questions will arise, such as: why did she wait seven months to takes action, and where is the father in all this.

     

     


  8. No.  The officer has neither the responsibility nor authority to reverse the judgment of the court.  He is not a party to the case, he was a witness.  You will have to petition the court to reopen the case.  You might start with contacting the office of the commonwealth attorney in the county where it occurred.  Do it quickly because your license will be suspended for failure to pay the fines adding further complexity to the matter.


  9. 9 minutes ago, LegalAdviceAppreciated said:

     the impact on the supporting spouse

    I have no idea what that means.  It is not likely o have any impact at all on the requirement of the supporting to pay the required support, it that is what you mean.  Blame is generally not considered a factor in determining need or ability to pay support.


  10. The judgment creditor is only entitled to collect your sister's interest in the property.  However, the purchaser's or mortgage company's title insurance company may have a problem with the sale of the property.  When your mother died and the will was recorded, the judgment creditor's lien attached to her interest i n the property.  The title insurer will undoubtedly require the judgment creditor to agree to file a satisfaction of the judgment to the extent the lien is paid.  You may need legal help to get the issue resolved.


  11. There is no way anyone here can help your son.   It is not necessary for the police to show you the warrant in order to do the search.  California allows adults to possess 28.5 grams of marijuana.  That is about one ounce.  Your son had three ounces or three time the legal amount.  That would tend to indicate he is a dealer.  He needs a lawyer big time.

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