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RetiredinVA

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Posts posted by RetiredinVA


  1. My point is not about what organizations should do, it is about what they DO.   A bowling league, softball league, tennis club, book club,  PTA, etc. of which there are thousands (perhaps millions)  may collect dues and pay for use of alleys, equipment, trophies, school supplies, etc. and never even think about trying to qualify as a tax-exempt organization or filing income tax reports.


  2. Of course going through the drill to be officially declared a tax exempt organization is the right thing to do.  However, I bet 99% of small organizations, clubs and civic associations don't  bother.  Acquiring tax exempt status is only significant in most cases if the organization is a charity or educational organization that solicits funds and offer a tax exemption for the funds collected.


  3. 38 minutes ago, MidwestPerson said:

    Regarding legalwriter--the request for subpoenas could be construed as a discovery request.

    Unfortunately for you, as well as many other pro se parties, the court is not required to "construe" anything for the benefit of one of the parties.  In cases where both parties are pro se a judge may allow a little leeway - see for instance Judge Judy.  But once one party has an attorney the rules are usually strictly applied.  Judges will sometimes directly advise the pro se party they should really get an attorney. 

     

    If you were an attorney practicing in the court in question you would no doubt know the purpose of the hearing and would know how and when to request a continuance.  The court probably has rules about timing of discovery which may have make your subpoena-discovery requests invalid.  You have not given us sufficient information to guess what happened.

     

    However, regarding the merits of your case, it seems you were trying to have a will written in 2004 by your mother found to be your mother's last will and testament.  It appears a later will had already been probated and your sister had already been appointed executor.  It is usually very, very difficult to contest a will that has already been proven to be the testatrix's last will and testament.  Even a very experienced attorney would have a difficult time putting together such a case.  It would require expert testimony as to the mental state of the testatrix, who would normally have to be identified before a hearing.  The allegations you made about your sister having filed bankruptcy and move nine times are all irrelevant.  Perhaps why the judge mentioned that your case was "mumbo jumbo".

     

    In other words, regardless whether the transcript and recording of the hearing are accurate, the probability of  your winning at the end is pretty close to, if not exactly, zero.  Get on with your life.


  4. I was a sole practioner for over thirty years and I can assure you there is no such thing as a typical day.  Unless the attorney has a client that keeps him or her busy on a regular basis, every day is dedicated to get something done that makes money.  A sole practitioner might deal with bankruptcies, wills, divorces, real estate closings, criminal cases, personal injury claims, incorporation, etc., all in the same week.


  5. 59 minutes ago, MidwestPerson said:

    14. The hearing was audio recorded on a digital system.  I requested a copy of the transcript from the court reporter.  I paid for the transcript.

    Which hearing was recorded?  There was an original hearing, for which you were not prepared and it resulted in your case being dismissed.  Was that hearing the one you claim was recorded and altered.  Then you moved for a rehearing and and were denied.  Was that the hearing that was recorded?  Your description is a little difficult to understand. 

     

    In any event, the way things work is that the parties get to present their case.  If they are not prepared and lose, they do not get to have another hearing for which they hope to be prepared.  That being the case, If the altered record is the record of the motion to rehear, it is irrelevant.


  6. I always tried to make my client's will as if they would last forever.  Lots of contingencies for deaths and births.  But, your situation is not a question about whether wills should be periodically reviewed.  It is about what your father should have done when he allegedly changed his mind about the disposition of his property.  At that point he should have revised the will.  That he did not is not your sister's fault.


  7. When a person pleads guilty to a felony, the court will enter into a colloquy  with the defendant.  The defendant will be asked if he understands the charge and did, in fact, commit every element of the crime.  Whether the charges could have been bargained down to misdemeanors is irrelevant once the defendant admits he committed felonies.

     

    The money you paid the atttorney for your son's legal fee was not unlawfully required and accepted.  It is not neessary for your son to approve of the payments in order to make the paymentss "legal".  Essentially you were lending your son the money to pay the fee.


  8. 13 minutes ago, erik'smom said:

    This conduct is unethical, unacceptable and un earned. I feel malpractrice allegations are clearly evident in this issue. I just need an Orange County CA attorney to take the case.

     

    The fact that your son, and not his attorney, pleaded guilty to the charges against him is a serious barrier to his recovering damages for malpractice by his attorney.  You should report your allegations to the bar, which may take action to stop the attorney from continuing to practice.  Consult the list of attorneys available by clicking the Find-a-lawyer box at the top of every page of this site to `find an attorney you may consult.


  9. What I meant was, I don't believe a person can accept an IRA and then divide it into multiple IRA.s to give to her siblings.  Yes, she can liquidate the IRA and give out the money.  But all of the funds received from the liquidation of the traditional IRA (not the Roth IRA) would be charged to her as income.  If she disclaims, the IRA would be distributed to the siblings as IRA's without tax consequences.

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