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pg1067

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pg1067 last won the day on September 8

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  1. pg1067

    2 part story.

    "We"? What does this have to do with you? I assume that the insurance carrier you named carried liability and/or collision coverage for the owner of the disabled vehicle. In any event, no one on a message board with no more than a few sentences of information -- information which is incomplete -- could possibly opine intelligently about the relative liability of your friend and the driver of the disabled vehicle. Among others, the following questions are relevant: It appears that the disabled vehicle became disabled at 4:00 a.m. Correct? At what time did your friend's car collide with the disabled vehicle? At what latitude did this occur? Did the disabled vehicle have its hazard lights on? Did the driver of the disabled vehicle take any steps to warn oncoming drivers of the hazard (e.g., road flares)? Were there any personal injuries? Ultimately, if the insurance covering the driver of the disabled vehicle won't pay for repairs to your friend's vehicle (or for any injuries), his/her choices are to make a claim against his/her own collision coverage or to sue the other driver. Sounds like he/she probably can expect a countersuit, so it would probably be a good idea to retain legal counsel. The post is tagged as relating to "ILLINOIS," so the reference to California law isn't terribly meaningful (although I'd be surprised if every state doesn't have a similar law).
  2. What sort of "county record" would show the location of personal property, and what personal property are you talking about? I have no idea what a "law advocate" might be, and I don't know any state that permits paralegals to represent clients other than under the supervision of an attorney. That said, just about anyone with the ability to write can write a letter. What does "has been dishonored" mean? Anyone can sue anyone for anything. Lawsuits are filed in civil court. It's not clear from your post if anyone ever probated your father's estate and whether your cousin and/or brother were appointed as executor. It's pretty clear that you need to retain the services of an attorney in the area where your father lived when he died. It's not clear to me why you didn't hire a new attorney when the one you did hire previously dropped the ball. Is this supposed to be a question?
  3. pg1067

    Reopening divorce

    You can ask for anything you like. Not quite sure what you're asking. If you want to subpoena the bank records, you are free to do so. No one on an internet message board can walk you through the process. Also, a Texas lawyer used to post here regularly, but I don't think he does anymore.
  4. pg1067

    Health insurance for her kids

    I think the only way this would happen would be if you were to agree to it as part of the divorce settlement. She should be looking to her kids' father for their support.
  5. pg1067

    Child Support Black Mail

    That's kinda the whole point of criminalizing blackmail. These things are evidence, but we have no way of predicting what might convince an unknown judge or jury that you have met any particular burden of proof. If you want the court to take away unsupervised visitation, consult with a local family law attorney.
  6. pg1067

    Simultaneous Death

    What does "the home was gifted in her will" mean? That probably wouldn't have been enforceable but probably isn't important given the simultaneous deaths and the destruction of the home. What is the purpose of this court date? Also, I assume this court date relates only to the administration of your sister's estate. Correct? California Probate Code section 220 provides as follows: "Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person shall be administered or distributed, or otherwise dealt with, as if that person had survived the other." What that probably means for your purposes is that insurance proceeds in question belong equally to the two estates. Also , I assume the insurance under discussion is property insurance on the destroyed home, and not life insurance, but it would be helpful if you clarified that. You didn't mention if the husband's estate is also being probated. If it is, then one thing that probably needs to be done is for the administration of the two estates to be consolidated. A petition to determine survival can be filed under Probate Code section 230, et seq. This doesn't appear to be something for which there is a Judicial Council form and, in any event, is not a good DIY project, and especially since you're presumably not a beneficiary of your sister's estate, obtaining competent probate counsel is critically important. Depending on the purpose of the upcoming court date, it's probable that the only thing that needs to be accomplished before then is to ask the court to continue the hearing.
  7. pg1067

    Health insurance for her kids

    You'd only be obligated to continue paying if your divorce decree says you are so obligated. However, I'd be surprised if you were even allowed to keep your former stepchildren on your employer-sponsored medical plan. I agree that you should speak with a divorce attorney about this and whatever other issues may exist.
  8. pg1067

    Conflict of Interest

    What does this mean? In what capacity did this lawyer "work[] with" the HOA's insurance carrier? What sort of insurance is at issue? Were you aware of this insurer's identity at the time you retained the lawyer? If so, did you tell the lawyer who the insurer was? If not, or if you did not know the insurer's identity, did the lawyer have any way of ascertaining the lawyer's identity at that time? As a very general matter, if Law Firm has represented ABC Insurance Co. and is then hired by X to sue Y, Law Firm would have virtually no way of knowing in advance of filing suit that ABC happens to be Y's insurance carrier. How did this conflict come to light? This is a rather open-ended question, but not having a conflict checking system in place is a recipe for malpractice claims and disciplinary violations. A lawyer shouldn't even consult with a client without at least a preliminary conflict check. When my company assigns a legal matter to outside counsel, before I provide any details about the dispute, I provide the relevant names so that the lawyer can run a conflict check. That's not even close to being accurate.
  9. pg1067

    Simultaneous Death

    I'm not really sure what you're asking. As phrased, your questions both ask whether you have certain abilities, and we have no possible way of knowing what abilities you have. You mentioned "my attorney," but then wrote that you are "search[ing] for anyattorney," so I'm not quite sure what your status is as far as having legal representation. I'll also ask the question that I ask of everyone who posts that he/she is an executor: Have you actually been appointed by the probate court to serve as executor? I ask because a lot of folks assume that being nominated in a will makes them executor, but that's not correct. You're not actually the executor until the court appoints you. While we're asking questions: Did your sister have a will? Did her husband have a will? If either or both of them had wills, did either will say anything about simultaneous deaths? Did your sister and husband have kids? If so, are they minors or adults? If not, what do their wills say about who receives their net estates? Are you friendly or adversarial with the husband's family? Is there any urgency that would require or make it advantageous that you take some action before you can retain an attorney?
  10. pg1067

    landlord responsibility

    Please turn off the caps lock key. If "it" refers to the refrigerator, the landlord is. If "it" is the food, you are. If a refrigerator owned by your landlord fails, you can't necessarily expect the landlord will be able to obtain a replacement in sufficient time to save the food in the fridge. Make your life easier and buy your own fridge.
  11. pg1067

    ticket for backing up on roadway

    Sure he can. But why would he bother since you admit that he did what he is charged with doing.
  12. pg1067

    Child support and father rights

    So...there's no custody order but there is a child support order? The way to ensure he has enforceable rights to visit with and contact his kids is to obtain a proper custody/visitation order. If he wants to have his child support suspended or reduced while he seeks new employment, he'll need to ask the court hat also.
  13. pg1067

    Is this Malpractice?

    Did it occur to you that she might be in trial or in a deposition or in a client meeting or on vacation? Did you make arrangements in advance for her to be sitting by her phone waiting for you and to put everything else in her life and law practice on hold for you? You lost the baby because the mother changed her mind. And, by the way, if the child was turned over to CPS, there's no reason why you shouldn't be able to arrange the adoption through CPS. The likelihood that this lawyer had an obligation to be immediately available to you 24/7 without advance notice is incredibly slim. P.S. What's "Arag"? Concur.
  14. pg1067

    Co sign

    Cool story. Do you have a question?
  15. What about them? I don't really know what this means, but anything that isn't written in a tenant's lease isn't likely to be enforceable. Huh? People move in and out of apartments all the time. It's not like everyone is on the same lease term. Knows better about what? No excuses for what? Nothing you have posted suggests to me that you are facing any legal issue.
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