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RetiredinVA

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Everything posted by RetiredinVA

  1. You don't get to "verbally change" court orders. Your rights are, and always were, whatever was in the most recent court order. How a new court may change that is, as pg1067 says, anyone's guess.
  2. In Virginia a divorce court can choose either date as the evaluation date.
  3. Apparently you were granted guardianship of the child. That is way different from adoption. You will have to return to the Georgia court if you wish to adopt the child. During that process, either the mother will have to consent to adoption or the court will have to terminate her paternal rights. To william james: Advertising of law firms is a violation of the terms of this site.
  4. I suspect the recording was done by a television or video production company and not the state. Right? If so, it involves the first amendment's press privilege. The press is seldom accused of being fair.
  5. If a person is represented by counsel, it is an ethical violation for opposing counsel to communicate directly with the defendant. If the defendant does not have counsel, it is possible for him or her to negotiate a plea agreement. However, the prosecutor may be reluctant to do so because the defendant may later seek to withdraw his or her plea on the basis of not fully understanding the effects of the plea bargain.
  6. It is a little surprising that the gas company would have installed the existing line without having an easement. Have you checked to see if the gas company already has an easement?
  7. I suppose a person can "claim to be" anything they want. The statute says they are not.
  8. I read your question and read sub-section (B) and I'm trying to figure out what you are driving at. What is the context of your question?
  9. So, what happened to the suit? This issue has been addressed in " Should trees have standing. Christopher Stone, 1972" and in Sierra Club v. Morton, , 405 U.S. 727 (1972).
  10. A court may disregard precedent whenever it thinks the precedent is wrong or obsolete. Then a higher court may reverse the lower court's error.
  11. do you have a bill of sale or other document showing he sold the vehicle to you on defined payment terms? Did he say he would accept $800 as final payment for the vehicle? What was the original price?
  12. That's why I said you may get part of the post-marital equity increase. But, you are almost certainly not going to get half the value of the property. Consult local counsel.
  13. New Yorkis an "equitable distribution" state. In a divorce, the court is required to determine the fair distribution of the marital assets. In your case, the court may very well determine you would have little or no claim to any of the equity in the property your wife and her aunt purchased prior to the marriage. I would predict you might be allowed a share of the increase in value of the property after the aunt's death until the date of the marriage.
  14. When you start talking about "property to be split" you bring into question the state where this is occurring. In a community proprty state the property can be "split". In a state where the proprty is divided by equitable distribution, the question is not so simple. You did not name the state so we don't know what rule applies. When you identify the state, perhaps youmight also give us a clue as to why you did not "tag" the state as requested on the originalemtry screen. Recently few people are identifying the stste.
  15. If I were your attorney, I would advise you to testify to what you have posted here. If you take the 5th, the prosecutor may be peed off enough to charge you with conspiracy. You were clearly closely enough involved in transporting the drugs to make it stick. I would also advise you not to engage in further discussion of the matter on a public site, like this one.
  16. If a motion to dismiss is to be filed, it will be filed by the prosecutor. There is no evidence in a criminal case until it has been presented to a judge or jury. Folks think they can say, "This case should be dismissed because this is what happened . . . " The judge considering such a motion thinks "This is what you claimed happened. Let's see what the police officer and witnesses are able to prove at trial. Then I'll decide." Believe me, been there done that, have the tee shirt. (Not as the defendant)
  17. Burglary is historically entry to a dwelling with intent to commit a crime within the dwelling. What you have described could very well constitute burglary. So, yes, an additional charge of burglary could be filed.
  18. I am quite sure there is no such law. The closest analogy would be whether you would be considered an heir of your mother in law, if she had no will. You would not. However, the mortgage company is not basing their decision on a law, they are basing it on a "rule" or policy which may be unique to that mortgage company. They may have such a rule provided it is not based on a violation of civil rights, such as excluding classes of race, religion, etc. It is possible the "rule" is based on potential fraud between closely related parties. For instance, an inflated sale price which would make the loan underwater from the start.
  19. I agree you should consult an attorney who handles legal malpractice claims. The attorney could at least review the underlying facts, very few of which have been shared with us. However, given the scenario you have presented, a successful malpractice claim is a very long shot. You applied for disability and if was denied. You filed an appeal an you were again denied. To win a malpractice suit you attorney would have to prove that a second appeal would have been successful. Granted your second attorney was probably negligent in not filing your appeal. But you have already lost your case twice. Proving a second appeal would have been successful might be very difficult and expensive. Good luck.
  20. She could initiate eviction proceedings and have the sheriff physically remove you and all your possessions.
  21. A portion of your father's estate should go to his children since they are not the children of his wife. The amount depends on the division between community property (earned during the marriage) and his separate property, (owned by him before the marriage). Parsing it out could be difficult. Your stepmother's estate, including whatever she inherited from your father, will go to her children.
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