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RetiredinVA

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Everything posted by RetiredinVA

  1. 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?
  2. "Quiet enjoyment" means the tenant will not be disturbed by another demanding use of the premises. It has nothing to do with noise.
  3. 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.
  4. 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.
  5. I am curious. If you do not know how or when "certified business valuators" are used, what is your experience in the field?
  6. 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.
  7. 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.
  8. I am not sure all the facts are given or understood. It is not clear whose custody and visitatation rights survive the adoption. I beliee the poster assumes the rights of the parents to custody survive the adoption but the rights of the grandparents are terminated. That is not the case since the very process of adoption requires that the parental rights of the child's parents be terminated.
  9. You are not reading the statute correctly. It says if a child is adopted by someone who is not a stepparent, grandparent, or great grandparent, the rights of the child's grand parents and great grandparents are extinguished. Of course, the rights of the child's parents are also terminated. In effect, the child ceases to be a member of his or her biological family and joins a new family. There is nothing in the statute that prohibits the child's grandparents from adopting the child. The statute says (with some editing): ยง 5326. Effect of adoption. Any rights to seek physical custody or legal custody rights and any custody rights that have been granted under section 5324 . . . or 5325 . . . to a grandparent or great-grandparent prior to the adoption of the child by an individual other than a stepparent, grandparent or great-grandparent shall be automatically terminated upon such adoption.
  10. You can move wherever you want until a court takes jurisdiction of the parents and child.
  11. Your husband is lying. On the contrary, if the car title is in your name, the car is yours and he has no rights to the car. The divorce court should give you exclusive use and possession of the vehicle if you ask for it. His payments would be considered the same as rent. But, you would then have to make the payments or sell it.
  12. You can't expect a definite answer without defining the state involved. However, in most cases, you and your ex-wife would agree to the entry of a Wage Withholding Order by the court granting the divorce (terminology depends on the relevant state). Or, a lower court to which support matters may be delegated. The order would be served on your employer who would make the distribution. BTW, there is no reason why the support payments should have gone in arrears just because your employer is not making the payments. If you are in arrears in some state your driver's license could be suspended. Don't fool around.
  13. There is no way anyone here can help you. You need to hire a lawyer or ask to have one appointed if you can't afford one. Do not discuss your case on the internet - it can only hurt it.
  14. First, you have not identified the state where this occurred so no one can tell you if there is a state law about when a vehicle can be towed. Second, if I understand your story, you left the truck on the highway unattended for four hours. I suspect there is no law anywhere that allows a person to leave an unattended vehicle on the highway for any significant period of time. The state is not required to have shoulders on rural roads. Then your old lady should pay the towing fee. I am quite sure they will want to see your registration to prove the vehicle is yours. If the registration points to you as a driver with a suspended license, I suspect that will be a problem. Just a suggestion: join the American Automobile Association and avoid these problems.
  15. Your son has no rights unless and until (1) his paternity of the child is established, and (2) if the situation is as you described, a court orders visitation. Your paying the attorney's fee does not entitle you to any information unless your son agrees and instructs the attorney to discuss the case with you.
  16. There is no way of answering your question without reading the CCR's. Presumably your lawyer has done so. His opinion is worth a lot more than the opinion of a bunch of strangers who know nothing about the CCR's and the conditions in the neighborhood.
  17. If he lived in your house and they have a warrant you have to let them in. If you have anything in your house you wouldn't want a police officer to see, you better get rid of it now.
  18. If you sued in the United States you might be able to get some compensation for your lost wages (however, the compensation would be at employment pay rates that prevail in your country). However, bringing suit in the United States is a very expensive proposition. You would have to appear in court and probably in the US for depositions. You would certainly need to be represented by an attorney and would not, under US rules, be entitled to recover your attorney's fee. To bring such a suit you would undoubtedly be asked to pay tens of thousands of dollars in advance to the attorney.
  19. No. That is probably legal.
  20. Contracts for purchase of real estate must usually be in writing. In your case, full performance on your husband's part may overcome that. But, it appears there may not be specific enough terms to force sale of the land unless he can prove exactly which acres he bought. The best he may be able to do is get a judgment for the money he paid.
  21. The longest statute of limitation in Florida (excluding clims for real estate) is five years. After nine years you have no enforceable claim. Sorry but all you can do is get on with your life.
  22. Since I have never seen the CCR's I would not be inclined to make such a general statement. "All general statements are false, including this one."
  23. I have bolded different parts of their response. It sounds to me as if you are interpreting the second sentence as if it said, "Building lot[s} may be subdivided if they comply with all applicable laws." and that is not what it says. Apparently the Board is not going to send a nice letter approving of your proposed subdivision. It seems to me they have a strong argument that no subdivision is permitted.
  24. You got it right. However, the County Zoning Ordinance and Building Code Ordinance are also laws since they were authorized by a statute creating the County or City.
  25. Your taxable acreage should be the acreage described in your deed. Are you saying someone drew your property lines on an aerial phot and measured the acreage from the photo? Did they then adjust the acreage upon which you were assessed on the tax rolls? As a practical matter, how could they have possibly located the corner marker on an aerial photo. In any event, the solution to your problem lies in an accurate survey of your property.
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