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RetiredinVA

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Everything posted by RetiredinVA

  1. Your wife would not normally inherit anything from her stepfather. The old rule is you inherit by blood, not marriage. Unless her stepfather had a will leaving his half interest in the house to her, his half interest would be inherited by his descendants. I suspect what you are calling a "claim against the estate" is actually a claim that her stepfather's half interest was not part of the estate. A claim against the estate is typically a claim for debts incurred by the descedent such as medical expense, credit card debts, loans, etc. Because you say the decision is that the house should be sold and your wife is to receive one-half of the proceeds, that seems to confirm that the court found she only owned the one half left to her by her mother. Please confirm whether the question revolved around debts owed or ownerhip of the home.
  2. Where was the child born? How old is the child? How long did you live in Canada before you moved to Michigan?
  3. A few questions: does your visitation order require your ex to deliver the child at a specific place and time? Why is the child delivered at the sheriff's office? After the child had the abscessed tooth extracted did you ask your ex to come and get him or her or did you just decide to keep the child? Did you go to the sheriff's office at the appointed time to return the child and explain the child's absence? (It sounds like your ex got an "Amber alert" issued when you did not return the child for more than two days beyond your required time.)
  4. It depends. If he is selling the cattle as a business his profit would be considered income. If he is liquidating his estate by, for example, selling off his dairy cattle so he can pay a bill, it may not be income. If he is covering his sister's job on a temporary basis it may be disregarded as merely incidental income not indicative of his actual or potential annual income. Was he receiving the pay that would have been paid to his sister or did she continue to receive the pay? How much do you claim he made working during unemployment? It appears the mediator disregarded the alleged income during unemployment. You have not given enough information to make any suggestions about follow up. What kind of numbers are we talking about? BTW it would not be fraud - if he lied under oath it might be perjury.
  5. I am wondering a highly educated person with substantial income would not retain an attorney to discuss this complicated matter. Why seek the opinion of strangers on such a matter?
  6. Regardless the jurisdiction, there is no way anyone on this board can possibly read your partner's mind. Is your partner a partner as defined by the law? That is, did you and the other person engage in a business enterprise for profit, or you partners in the sense of romantic interest. The answer to that question determines what, if any, actions one can take against the other.
  7. Did you sign the lease as "target1" or as "target1 as trustee of trust?" The caption you listed appeared to cover both possible defendants. There is really no use in filing a motion to dismiss. When the case comes to trial the judgment will reflect the dismissal of the extraneous party.
  8. Let me explain why they don't care. A smalls court decision in your favor is going to result in a one page judgment that they owe you $xxxx. Period. Major national journalists do not cover Maine small claims courts. It would cost the non-profit more than $1000 to even appear. Therefore they may not even bothering to defend your suit. So, when the case is called, if service is proper and the defendant doesn't appear, the judge isn't going to listen to your story. He will just grant judgment for $xxxx and wish you Bon voyage. Good luck with your suit.
  9. Why would you think the non-profit would care if they are going to be served with suit papers for $1000? Besides, querying the state's corporation licensing authority is not going to cause any notice to be given to the non-profit.
  10. You have given no facts regarding what happened except the date of the prenup. It is impossible to discuss what MAY happen without knowing what DID happen.
  11. I'm not understanding your issue. Apparently the used car you bought had been in some sort of accident shortly before you bought. Notice of the accident had possibly not made it to Carfax before you bought it. You gave no specifics about the extent of damage from the accident so we cannot say whether it was a minor fender bender or a more serious accident. You drove it for three years without noticing any problem. Now the dealer will give you a trade-in value as if no damage had occurred. How do you imagine you have been harmed?
  12. In any criminal or traffic matter the parties are the State or Commonwealth versus the alleged offender. As was stated above, the officer is a witness who will be testifying during the State's part of the trial.
  13. Seriously! You have an attorney and you are asking total strangers who don't know you, your record, where you are incarcerated, why you are incarcerated, etc. for advice. ASK YOUR ATTORNEY!
  14. If your ex-husband's vacation plans were changed to coincide with your plans, would he have the right to order you to change your plans?
  15. Generally, a contractor has a right to cure any defects in his work. You can't arbitraly deny him this right. Only when fututre attempts to cure appear futile do you have the right to go somewhere else. I suggest you take the vehicle and allow them to try to repair your alleged damage at least once. For further discussion google "breach of warranty cure"
  16. Unless the final deree awarded spousal support or reserved the power to award spousal support the court does not have the power to award spousal support after the decree was entered plus 20 days. Child support is a continuing obligation and can be modified any time within the period for which it was awarded.
  17. 6 - Require you to appear at debtor's interrogatories to reveal all of your assets.
  18. I disagree that the bank is required to recognize that deposits are exempt from seizure. The normal way such an exemption is asserted is by the debtor filing an opposition to the garnishment. The bank is simply a stakeholder in a garnishment and has no duty to assert a defense on behalf of the depositor.
  19. Your main problem is that you allowed yourself to work as an independent contractor without acting like an independent contractor. An independent contractor would normally keep their own time records and submit an invoice to the other party. You allowed the other party to maintain records for you. Now, she won't give them to you. Your Department of Labor is not going to help you. You were not an employee. You were a contractor and contractors are supposed to make their own deal. Maybe you can file suit against her and obtain the records in discovery. But that is going to cost a lot more than $400 (in time wasted), even if you represent yourself. Your only realistic alternative may be to just charge the $400 off as adult education and move on with your life.
  20. An Executor or Administrator in Virginia is required to file annual accountings. They can be seen in the office of the Commissioner of Accounts in ou r county or city.
  21. In Virginia administration of estates is overseen by Commissioners of Account appointed by the Circuit Court. I suggest you bring your issues up with the Commissioner in your city or county.
  22. I am curious why pg1067 finds bonding a trustee for a minor a laughing matter. In Virginia, where I practiced, a judge can be held personally liable for not doing so. In the one instance where I was retained to recover trust funds for a minor I had no trouble getting the full amount of the trust assets from the bonding company. The father was trustee and had converted the funds to alcohol, which he then consumed. The bonding company was entitled to subrogation, of course. That is laughable. PS: After I paid the funds ($30,000) over to the minor, at 18 years of age, she used all the money to purchase an automobile, which she then totaled. None of the money was used to insure the vehicle. Sad case.
  23. Your question makes no sense. When your wife signed the mortgage, she agreed to accept liability for the payments on the note. Why would her ex-husband object to that?
  24. Was a bond required when the money was placed in trust? If so the ward probably has little to worry about.
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