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RetiredinVA

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Everything posted by RetiredinVA

  1. If you believe you were subject to medical malpractice due to a failure to diagnose a cancer, the statute of limitations would start, at the latest, when the cancer was properly diagnosed. That is when you were aware of the error. But, that is only my opinion and you really need to discuss this with a med mal attorney who can review the facts, records, and the statute in your state.
  2. When the judge said "substantial change" what he or she was telling you that you need to explain why the circumstances now are very different from the circumstances that existed when you allowed your mother to take guardianship. Courts do not like it when people clog up their docket asking them to hear cases that have already been decided just because one of the parties changed their mind. So, how long ago did your mother get guardianship and what would you say that would convince the judge that that should be changed now?
  3. Divorce him! Don't drive his car.
  4. There will certainly be a filing fee and probably a cost for serving the papers on your husband. The participants here cannot walk you through the process. You might contact your local legal services organization to see if you qualify for free legal services. I don't believe anyone here practices in Tennessee
  5. We don't know what the decedent signed. I imagine the OP would have said she signed a check if that was the document. And, we don't know if it was presented to the bank before she died. Checks written before the payor died are not always honored after death.
  6. Not really sure what a "beneficiary" of a property is. Care to explain? Certainly an agent for the owner can take steps in the owner's name.
  7. You can sue the landlord in small claims court for recovery of your deposit. The landlord would then be required to prove the cost of the repairs. How the invoice was produced and the misspelling of words do not make the invoice invalid. Whether the landlord is rude to you is irrellevant. You might contact the local landlord-tenant assistance office for further advice and guidance. No lawyer is going to file suit for the recovery of $466.31.
  8. Until the paternity of the father is established, he is not legally considered the father . If the man is not married to the mother, DCS can remove the child only if the presence of the man endangers the child. The reason for the removal of his three children is obviously critical.
  9. Your advice may have been useful if you had given it eighteen months ago when the person was arrested. But it is not true that a person cannot be prosecuted if their prescription bottle failed to warn the person not to operate machinery. Driving under the influence of drugs that impair the driver's ability to control the vehicle is, by definition, driving under the influence.
  10. It is possible your grandmother's estate would be required to make the transfer. However, when your grandmother died, the funds in her account became part of her estate. Therefore the bank was not authorized to transfer the funds without authorization from your grandmother's personal representative.
  11. When you signed the lease you agreed to be responsible for the rent payments. You can not "take your name off the lease". The only way you can be relieved of your responsibility is if the landlord agreed to revise the lease. Showing you were responsible for the unpaid rent is entirely correct.
  12. According to the OP, the child lived in NY at the time the support order was entered. However, the child and mother have apparently lived in PA for the last 15 years. I believe a modification of the support order would have been appropriate and the PA court would terminate or modify the order in the course of the divorce proceedings.
  13. If the mother is a resident of Pennsylvania the divorce can be filed there. If the child also resides in PA the court will apply PA law, as should have happened all along.
  14. Since we have never seen the agrreement or the court's order, it is impossible to comment intelligently. When you asked the management company why they thought they were entitled to an addtional fee, what did they say?
  15. Unless your lease is with the management company, you have no contract with the management company and cannot bring suit against them. The management company is holding the funds in trust for the property owner and the owner is the only one able to sue for the deposit.
  16. What exactly do you believe is the equity in the inoperable vehicle you abandoned on someone else's property?
  17. If you received a phone call or letter saying your warranty has expired and you need to extend it, it is a scam. If anything fails on your seven year old car the "warranty" company will say it is a pre-existing condition because your car is seven years old.
  18. I suspect there's a lot more to the story than that. Why was the car impounded? What proof can you produce that there was a specific amout of money in the vehicle? Why did you not take the money with you when the car was impounded?
  19. "Quiet enjoyment" means the tenant will not be disturbed by another demanding use of the premises. It has nothing to do with noise.
  20. You can, of course, challenge any claim that is not correct. Forinstance, you can, and should, challenge a claim that you owe rent claimed while your grandmother was alive. At that time your mother and aunt did not own the property and have no claim for rent. However, once the property became the property of your mother and aunt, they were entitled to charge you rent. One thing that is crystal clear, however, is that you do not have a right to remain on the premises. As much as you can object to other elements of the case, you have no defense there. The fact that you had no income or are in school does not entitle you to live in someone elses house. See if you can still get the $2,500.
  21. We have no idea which state's law applies. However, if you have been married only two years it is doubtful that you have any significant rights. If your wife bought her mobile home out of an inheritance, it is her separate property, except for any value that may have resulted directly from your participation. Since mobile homes tend to depreciate, rather than increase in value, it is unlikely your wife's mobile home has any more equity than it had when you married her.
  22. I am curious. If you do not know how or when "certified business valuators" are used, what is your experience in the field?
  23. You should prepare to move out as quickly as possible. Based on what you have said, you have no legal right to remain in the house. Based on what you have said you have no valid defense and an answer would be frivolous. A demurrer would be even more so. Under what legal theory do you believe you have a right to remain in the house? I assume your aunt and or aunt have taken the proper steps to qualify as personal reppresentatives of your grandmother's estate. You were offered $2,500 to move out prior to what appears to be a pending sale of the house. Why you didn't take it is beyond me since you were owed nothing and it would have helped you move.
  24. Life insurance benefits are paid to the designated beneficiary. Entitlement to life insurance benefits has nothing to do with biological kinship. Whether she would be entitled to any part of his estate depends on things we don't know. Was she adopted by a third party? If so, the adoption terminated the connection between her and your father.
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