Jump to content

MiddlePart

Members
  • Content count

    160
  • Joined

  • Last visited

  • Days Won

    8

MiddlePart last won the day on June 14

MiddlePart had the most liked content!

About MiddlePart

  • Rank
    Contributor

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. MiddlePart

    Selling mobile home without title

    If the original title document was lost or destroyed or just otherwise can't reasonably be located, your wife can obtain a duplicate title from PennDOT. She would have to complete and submit the application form for a duplicate title and pay a filing fee. The form and instructions on how to fill out the form are available online at the PennDOT website. Assuming everything is in order, they'll issue a replacement title document. With that in hand, she'll be able to sell the mobile home.
  2. MiddlePart

    Fence

    Were the original fence and the original wall entirely on your property, entirely on their property, or straddling the line? The answer to that is critical to the question whether they have a good basis to bill you the $2500.
  3. MiddlePart

    Annulment, Legal Separation, and Divorce

    Divorce: the parties were married lawfully, and have now determined that they no longer wish to be married. If the proper grounds are shown -- and Nebraska is a "no-fault" state so basically what has to be shown is that the marriage is "irretrievably broken" -- then the court can grant a divorce. Although 'no fault' it can still be contested if one party doesn't agree that the marriage is irretrievably broken. In the proceedings, the court will address issues of child custody, alimony, property division, etc. Annulment: the parties were married but it turns out there was a significant problem with the marriage. In Nebraska, an annulment may only be granted if one of the grounds specified in the Nebraska statutes on annulment is shown. These include, among others: the marriage between the parties was prohibited by law; either party had another spouse living at the time of marriage; or force or fraud. If the proper grounds are shown, the court can grant the annulment and once granted it is as if the marriage never happened. The court will try to separate property back to the status quo ante where possible, and will split property up where not possible, and will address child custody and other relevant issues in the proceeding. Legal separation: the parties remain technically married but the court issues an order addressing child custody, alimony, property, etc. as if the parties were divorced. Some situations where this option is appropriate in lieu of a divorce are: where the parties have not yet met the minimum residency requirements in Nebraska to get a divorce (1 year), or where the parties' religious beliefs don't allow for divorce. There may be other scenarios where it makes sense to do this. Legal separation is different from informal separation -- where the parties decide to live separately for a while to figure out whether they want to stay married. Legal separation in Nebraska is a court proceeding. Any couple can decide among themselves to live separately without involving the courts.
  4. You can try to present 'Going with the flow' and 'no construction workers present' but these probably won't help much if at all. the courts pretty typically won't accept 'Going with the flow' as an excuse for speeding. Yes, in the real world that's how people drive, but for purposes of speeding tickets, it generally doesn't count. If the signs were flashing, then the limit was 55 whether or not the construction workers were visible to you at the time. Challenging the radar gun and the reading and the certification may be your best bet. I'm a little unclear from your description about the flashing signs -- if what you're saying is that they only started flashing after you entered the construction zone, then you can point that out too, although once the signs do start flashing then you do have to slow down, and then it becomes a question of how fast you were actually going and how quickly you dropped to the required speed. Other than that: hope that the police officer doesn't appear in court that day. If you really were only going 5 mph over the limit (even in a construction zone), and if nothing else bad happened other than the speeding (i.e., no collisions, etc.), and if your driving record is fairly clean before this incident, then the judge is likely to be lenient. That said, if you have a lot of other tickets on your record, or if the evidence indicates you were going a lot faster than 5 mph over, you could have some more significant consequences.
  5. MiddlePart

    beneficiaries with bank

    A couple of points: --The appointment of a lawyer as executor is seen by courts and the lawyer disciplinary bodies / attorney grievance committees as a kind of business transaction between lawyer and client, which implicates Rules of Professional Conduct (1.8) requiring informed consent by the client before entry into the arrangement. Insofar as the lawyer serving as executor is also compensated by the estate for his/her service as executor, and thus is receiving a benefit from the estate for services other than legal services (although obviously there are some aspects of being an executor that would constitute or require legal services). --lawyer as will drafter has access to privileged information from the testator that could be important in case of a will contest --if beneficiaries believe that lawyer engaged in malpractice with respect to drafting the will, then the executor may be wearing two hats in the resulting proceeding (representing the interest of the estate as executor but also as an individual defendant/witness). --how the lawyer as executor handles the estate could also give rise to issues -- one example that has arisen is if the sale of estate assets is to another client of the same lawyer and the price is (arguably) below market. There may be other examples -- those were the major ones that I was thinking about when I wrote what I wrote. Again -- lawyers who drafted the will can serve as executors of the will. It's not against the rules to do so. But there are some additional hurdles and potential risks that some lawyers may not want to take on.
  6. MiddlePart

    beneficiaries with bank

    In general, there's nothing wrong with a lawyer being the executor of a will. However, if what you're really asking is whether the lawyer who writes (or helps you write) the will could be named as executor, that gets a little more complicated. There are some professional ethics issues that could arise for the lawyer in that scenario and accordingly some lawyers just won't do it. Other lawyers might agree to be an executor of a will that they helped write, but only after some extensive disclosures, additional fees, and some additional language in the document that at least tries to avoid some of the potential conflicts of interest that could arise.
  7. There are already private companies that have license plate databases and that sell access to them. 'Vigilant Solutions' as one example.
  8. In Texas, a landowner can sell the land and retain ownership of the mineral rights in the land. Whether it is a good idea to do that in a particular instance is probably too complicated a topic for this message board.
  9. MiddlePart

    CAN MY LANDLORD DO THIS

    PG1067's advice is usually accurate, but in this case I disagree with several points that he has raised. While "ESA" can refer to the European Space Agency, in the context of the original post, and particularly looking at the picture of the letter, it seems pretty clear that "ESA" in this case refers to Emotional Support Animal. First got a call from whom about what? A slight misreading here. The OP states that she got a cat, not a call. If the animal really is an emotional support animal, then as a matter of federal housing law (Fair Housing Act) and California law (FEHA and Unruh Act), the landlord must make exceptions to its no-pet policy (subject to some limitations probably not applicable here), and the landlord can't require a pet fee or additional security deposit as a condition of the tenant having the emotional support animal. The ESA letter is the evidence that a tenant would need to establish that the animal is an emotional support animal. From a Fair Housing perspective, an emotional support animal is not a pet. I agree -- providing evidence that the animal is a legitimate emotional support animal establishes that the tenant did not breach the lease and should not be required to pay the additional pet fee.
  10. MiddlePart

    Common Law Marriage

    Strictly speaking, Utah doesn't have common law marriage. https://www.utcourts.gov/howto/marriage/commonlaw/ But there is a procedure where people in a relationship can petition a Utah court to have the relationship recognized as a marriage even though there never was a ceremony. The requirements for whether the court will grant the petition are pretty similar to the typical requirements for a common law marriage, and so that may be what you are referring to. If a Utah court grants such a petition to a couple, then one would expect California would give that court order the same recognition as California would for any other order of a Utah court. Meaning it will generally be recognized and the couple treated as married for California purposes.
  11. MiddlePart

    Bereavement Leave

    If your boyfriend is not eligible for bereavement leave under the Oregon Family Leave Act (there are some minimum requirements), then the terms of the bereavement leave policies that his employer has will determine whether he can use bereavement leave to take time off for the service. As RetiredinVA recommends, check with HR at his employer. If on the other hand your boyfriend is eligible for bereavement leave under the Oregon Family Leave Act, then attending a funeral service for your father probably wouldn't qualify for use of that leave. The Act requires making bereavement leave available for people to deal with death of a family member (i.e., attend the funeral, make arrangements related to the death, mourning). The law defines a "family member" as follows: “Family member” means the spouse of an employee, the biological, adoptive or foster parent or child of the employee, the grandparent or grandchild of the employee, a parent-in-law of the employee or a person with whom the employee was or is in a relationship of in loco parentis. ORS 659A.150 (4). His girlfriend's father probably doesn't fall within one of those categories.
  12. MiddlePart

    Minority shareholder rights

    Yes. It is a good idea for you to do that.
  13. MiddlePart

    Neighbor Had Our Land Surveyed...

    Trespassing is a criminal offense under New York law (New York Penal Code Article 140, sections 140.00 to 140.17) and can also be the basis of a civil suit under New York law. It doesn't really matter whether the trespasser was there to do a property survey or was just wandering around for his own amusement or was there for some other reason -- what does matter is whether you had authorized the person (the trespasser) to be there at all. That said, if no harm was done to your property and if nothing else bad happened involving the trespasser while he was on your property, the police are probably unlikely to be terribly interested in the matter and a civil suit is not likely to produce much in the way of money damages.
  14. In general, employers can lawfully require their employees to be vaccinated, and (absent a collective bargaining agreement that provides otherwise) generally nothing requires the employer to bear or share the cost of the vaccinations. However, employers do have to allow for at least 2 kinds of exceptions to the requirement. Some people may have a legitimate medical reason why they can't have the particular vaccination. Some people have religious beliefs that prevent them from having vaccinations. If the employee presents one of those objections, it has to be considered as a request for reasonable accommodation under ADA (for medical issues) or Title VII (for religious issues) - the employer would then have to show undue hardship or direct threat to public safety before taking adverse employment action against the individual who declined the vaccination on one of those grounds. The threshold on that is usually pretty high --- it will be difficult in many cases for an employer to make the necessary showing, meaning that, in most cases, if an employee has an objection on medical or religious grounds, the employee won't have to take the vaccination. That said, in a food service context, the threshold probably would be lower for allowing adverse employment action against an objecting employee where the vaccination prevents diseases that can be communicated through food handling. Some states do also recognize a "personal belief" exception to a mandatory vaccination requirement. That covers religious beliefs, but also other idiosyncratic opinions about vaccinations. The tag at the top of your post says 'Ohio.' Assuming the restaurant is located there, I don't think Ohio has a personal belief exception that applies. Ohio does recognize a personal belief exception for mandatory vaccinations in the school context but not for other contexts as far as I know. Mutiny is a strong word, but you're on the right track. It will require some discussion with the ownership to achieve the results you want.
  15. MiddlePart

    Specific Bequest Question

    Only someone with information about your aunt's estate -- what assets she had at the time of her passing, what debts and obligations she had at the time of her passing, the circumstances of administration of the will -- could answer your question as asked. In general, though, it could be a true statement. If after the estate settles your aunt's debts, pays the cost of administration of the will, deals with any taxes owed, etc. there isn't enough cash left (or sellable assets not also subject to a specific bequest) to give you the full $2,500, then indeed you would receive less than the full amount.
×