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Posts posted by RetiredinVA


    43 minutes ago, LegalBeagle said:

    Does a statutory beneficiary to a will have a right in New York State to know the contents of the will and associated trust?

    Before or after the death of the testator/settlor?


    After the death of the testator, the will should be recorded.  At that point it is a public document and it can be viewed at the clerk's office or a copy can be obtained from the clerk.  Before the death of the  testator, no one is entitled to know the contents of the will.  Wills take effect at death and are simply pieces of paper until then.


    Access to the text of a trust is normally only available to a beneficiary of the trust.  A statutory heir is not necessarily a beneficiary or potential beneficiary of the trust.  The trustee can also specify that no one can have access to the trust document.


    Please explain your situation if you wish further information.

  2. 1 hour ago, pg1067 said:

    I don't completely disagree with this, but this is a family court matter, not a juvenile court matter.

    It's a matter of terminology.  I am accustomed to "Juvenile and Domestic Relations Court" handling custody, support and paternity matters and misspoke.  I see Oregon has separate Juvenile and Family Courts.   I should have looked first.

  3. The baby's father must first establish paternity.  That, in turn,  can lead to a requirement that he pay child support for the next eighteen years.  Your friend should petition for child support immediately.  Juvenile courts are constructed to be easier to deal with than other courts and she will probably be assisted in doing the paperwork to answer the fathers complaint an asking for paternity testing and support.  The odds on taking a three month old baby from the mother are slim to none unless she is under arrest.

  4. I'm not going to even try to read all of your unpunctated, stream of concious, message. But in the first few words you spelled out how the criminal law procedure works.  Even in small towns.


    Some time at or before the trial date, the prosecutor sits down with the file and officer and goes over the evidence.  Unless the charge is a serious felony the prosecutor may not have seen or heard anything about the case before that point, which may be the day of trial.  It is at that point that the prosecutor decides whether to go forward or not.


    Where I practiced the misdemeanor cases were handed to the most junior prosecutor literally the morning thay were set for trail.  Minot felony cases might be handed to the prosecutor days before trial.


    Believe it or not, your case is not the only case that is pending in the prosecutor's office.  That means the prosecutor in your case is not going to dismiss the case based on lack of evidence until the last minute, if at all.  There is nothing your lawyer can do about it.

  5. Charging a crime and proving it are two different things.  If there is probable cause to believe a crime has been committed, the case can proceed to trial.  If there is not sufficient evidence presented at trial to prove the crime beyond a reasonable doubt, the jury or judge can acquit the defendant.  It is not usually possible to have a charge dismissed prior to trial on the factual basis that the prosecution will not be able to prove the charge at trial.  That is not the way it works. 


    The lawyer is doing the right thing.  At some point the prosecutor may move to dismiss or nolle pros the case.  But the lawyer cannot force him to do so.

  6. Not really sure what you think anyone here can do.  I am assuming the manager gave your friend a verbal or written trespass notice forbidding her from coming on the premises.  She can do that for any reason not forbidden under constitutional protections, such as race, religion, national origin, etc.  Apparently the manager believes your friend spat at her.  It is not I portent that is true or not.  Banning someone from property is not a criminal process requiring proof the basis for the banning.

  7. You should consult a New York attorney and discuss your situation.  DWI penalties vary depending on the time between charges and whether there are other serious offenses.  It is possible your driving privilege has been revoked permanently.  Four DwI's plus one other serious offense results in a permanent denial.  When you sent in your request, what was the response or reason for the rejections?

  8. Not sure what anyone here can do to help you.  You said there is an order requiring you to hand the child over to the father at 4:00pm Sunday.  I guess that is today.  If you don't do it, you may be held in contempt of the court.  Then you will have an opportunity to explain why you violated the order.  We know nothing about the situation from the perspective of the father so there is nothing we can really suggest except, get a lawyer.

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