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Everything posted by RetiredinVA

  1. The alleged violations of the business license is an issue between the landlord and the city. Nothing you have said relates to whether he can enter into a lease, although he may get punished by the city for not paying the business tax. In other words the lack of a business license is irrelevant to your issues.
  2. You asked about future effects of a divorce under grounds of adultery. However, you should be aware that adultery is still defined as a crime if it is committed by a person in the military and reflects badly on the military service. It can be especially serious if the adultery occurred between two active members of the military. Regarding your question about what would be in the divorce decree, it would have to recite the grounds for the divorce and a brief statement of the factual basis, as '"it appearing to the court that's the parties separated on or about the ____ day of ______, ____ and said separation having been continuous and uninterrupted without cohabitation for a period of ______ months, now, therefore, the complainant is awarded a divorce from the bond of matrimony pursuant to section ____ of the code of Maryland." Finally, I doubt that very many employers have the slightest interest in the grounds of any divorce. I cannot imagine a job interview where the applicant is asked to produce his or her divorce decree.
  3. What does the letter say?
  4. Let me preface my remarks by saying they were gained from my experience in Virgina some years back and may not apply in Alabama (or anywhere for that matter.) Jails and penitentiaries are usualy paid for and run by different jurisdictions. The state runs the department of corrections and the county sheriff runs the jail. The jail is designed and intended for short term incarceration, usually less than one year. Penitentiaries are designed for longer of periods of incarceration, usually more than one year. As a result, jails do not usually offer training, drug programs, education resources to the same extent as penitentiaries. There is a huge difference between being held in a jail versus a pen. However, there is also sometimes a problem with availability of penitentiary space. So, convicts often want to move upscale to the pen when there is no space. The department of correction may have a requirement to house a person to be incarcerated for more than a year but may not have a cell available. So the convict gets stuck in the jail until a cell becomes available. This may extend for years. In cases like the OP's they may want to move up and start college, qualify for job training, get accelerated good time, trustee privileges, etc. But the inmates don't run the institution. Therefore, the inmates and their lawyers generally are not given the power to demand that any particular inmate be given preference in transfer. The fact that the inmate may be getting credit for time served in the jail doesn't make up for the loss of other amenities. But absent a major civil rights case, there is probably nothing an individual can do to force the department of corrections to accept him.
  5. Since the zoning is clearly a matter of record, equally available to buyer and seller there would be no need to disclose. Also, this is obviously a businessman to businessman transaction, not a consumer deal, the rules are much less stringent.
  6. lawyers do not claim a monopoly on legal knowledge any more than physicians claim a monopoly on medical knowledge. However, most lawyers today have earned doctoral degrees by attending law school for three or four years after completing undergraduate studies for another four years. Following that they must pass the bar exam before they are allowed to represent the public in cases such as yours. Your question does not involve a simple formulaic answer gleaned from simply looking up a paragraph in a book in a law library. Hopefully the lawyer has gained the necessary skills and knowledge through the intense training and experience that does, in fact, enable him to claim some superiority over others.
  7. Pg1067 Reporting the matter to the police is likely fruitless. In order to prosecute a person for uttering it is necessary for the prosecutor to prove the person knew, or should have known, there were insufficient funds in the account at the time the check was written. Since the notations on the checking showing insufficient funds are always post facto, the prosecutor usually must bring in a bank employee to testify to the status of the account at the time the check was written. That's a lot of trouble for a single overdraft which is promptly corrected. I've done that case and won on behalf of the alleged utterer.
  8. Isn't it "remand" rather than "remittur"? Remittur, where I practiced, was a court ordered reduction in judgment.
  9. You can't have two LAST wills. If there are assets in another jurisdiction, you open ancillary probate under the last will.
  10. If you had not been convicted at the time you were not a prisoner.
  11. Considering this thread has been going on since December 2011, it doesn't appear any realistic solution is obvious.
  12. Just curious. You are suggesting your estate is worth more than $5 million and you are asking anonymous strangers whose legal training and competence is completely unknown for advice about estate planning. Why don't you ask your gardner? Go to a solicitor!
  13. PG1067 Strangely, Virginia is the only state where cities and counties are separate. You can live in a city or county but not both.
  14. Without litigation, probably not. Without lengthy litigation, depends on what you mean by lengthy and how hard the hold out is willing to fight. If it's land maybe it could be subdivided proportionally. if it not subject to subdivision it may have to be sold. Perhaps when the holdup finallly realizes that the end is inevitable he or she will come to his or her senses.
  15. Your wills should name each other as primary executor. (The title "administrator" applies to a personal representative not nominated in a will.). Your sister-in-law would be a secondary nominee if the primary nominee cannot serve as executor. If your wills do not name each other as primary executors you need to have your attorney correct that error. If you drew up your wills without an attorney and did not understand this fundamental principle perhaps you should invest a few bucks and have an attorney review your situation.
  16. What did the Hospital billing department say when you brought this to their attention?
  17. Unless the final decree ordered the husband to make the mortgage payments, refinance the mortgage, sell the house, or hold harmless the OP he is not in contempt. Having no facts about the case except that the house is in foreclosure it is impossible to comment on courses of action. In all likelihood there is no course of action except those suggested by adjuster jack. This is just another sad example of someone saving a few hundred dollars on hiring a lawyer and losing thousands (or tens of thousands) later.
  18. Legally? No. But, you could sweeten the deal to help change her mind.
  19. I suppose you are asking whether the court will order the other parent to contribute to college tuition. The answer depends entirely on the state where the order is sought. Not all states allow support beyond the age of majority. You have to tell us where you live.
  20. Not enough facts. Were you denied access by the hospital, the police, or the medical examiner? Death by shooting would require an autopsy. How long ago was he shot - hours, days, weeks? Who shot him?
  21. Okay, that explains a lot. Since the three parties cannot own the property as tenancy by the entireties the ownership would revert to tenancy in common. When father died his share would go to his devisee or heir, which would be his wife. If the married couple were deemed to be tenants by the entireties the father's share would go to the mother by operation of law. Therefore, mother would own 2/3 and son-in-law would own 1/3. It sounds as if the intent has been accidently realized. Lawyers are always accused of being excessively wordy and overly technical but a competent real estate lawyer would usually use tenancy designations more explicit such as "tenants by the entireties with right of survivorship as at common law." This avoids such arguments.
  22. If your mother and father owned the property as tenants by the entireties the deed is void unless your mother also signed the deed.. Property that is owned by a married couple as tenants by the entireties can only be transferred if both parties sign the deed. It is the fundamental difference between tenancy by the entireties and other forms of real estate ownership.
  23. You must be kidding. If I am reading your post correctly you sold the house in June 2014 and in June 2015 your husband went over to get some of the things you left in the house including firearms and a 2 1/2 ton safe. You told the buyer it would "take a little time" to remove your property because you had to borrow a pickup truck. But a year later you haven't removed the property. Unless your buyer agreed to be responsible for keeping and protecting your property you are out of luck.
  24. I just have a few factual questions: Is your wife a Canadian citizen? You indicated she had to apply for admission to the US. Where was you older child born? Your younger child was born in Canada of a Canadian citizen. Correct? Your older child, who you stated was two years old, spent 17 months of his or her life in Canada. Correct? So, both of your children spent all of, or at least the majority of their lives, in Canada, if I understand the facts you have stated. Your younger child is clearly a Canadian citizen. If all that is true, why was the Washington Court clearly in error in finding, as a factual matter, the venue most suited to adjudicating their custody is Canada?
  25. Seek other employment. Isn't that obvious?
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