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Posts posted by pg1067

  1. 21 hours ago, rhondapink1 said:

    If I lived with a married man for 18 years and he has passed do I  have a legal right to anything.



    This is a six month old thread that has nothing whatsoever to do with the topic of your post.  Please start your own thread under the correct category.

  2. On 6/15/2019 at 5:09 PM, potdropandrole said:

    Originally he threatened the Job of anyone who parked in the public parking lot but I think after some thought he realized how much money he would loose in a lawsuit if he actually ever fired anyone for it.


    I have to wonder where a 17 year old acquired so much legal knowledge that he/she feels competent to opine that such a lawsuit would result in significant losses.



    On 6/15/2019 at 5:09 PM, potdropandrole said:

    Is any of this illegal?


    No.  It's all legal.



    On 6/15/2019 at 5:09 PM, potdropandrole said:

    Also would a lawsuit be worth it over this and how profitable could it be?


    Lawsuits are not designed to earn profits.  Where meritorious, lawsuits are designed to put the damaged person back in the same place he/she would have been but for the legal wrong.



    On 6/15/2019 at 6:21 PM, potdropandrole said:

    If he would of fired me for parking in a public parking lot could I do something?


    Yes, you could have sought a new job.

  3. 11 hours ago, foolish said:

    On appeal, how can I tell when a Court issues an order and the Clerk of the Court does?


    Clerks perform the ministerial task of mailing or electronically serving orders, but clerks do not otherwise issue orders.



    11 hours ago, foolish said:

    I understand the Clerk of the Court can dispense with certain procedural motions that are not dispositive.


    That depends on the laws of the state or jurisdiction where the case is pending.



    11 hours ago, foolish said:

    what throws me off is the wording of the orders like for example "per curiam" and "sua sponte", when these words are used in the order I get the impression its single judge or a panel of judges.


    Sua sponte (a Latin phrase that means spontaneously) refers to an order issued by a court without a request or motion by any party.  Per curiam (meaning by the court) refers to an order or decision issued by a multi-judge panel where the authorship of the opinion is not expressly attributed to any judge in particular.



    11 hours ago, foolish said:

    what throws me off is that it signed by the Clerk and not a judge on behalf of the other judges.


    You're concerning yourself with form over substance.



    11 hours ago, foolish said:

    Can the court issue the order and the Clerk sign it?


    You just wrote a sentence telling us that this happens, so you obviously already knew the answer to this question.

  4. FWIW, given that your daughter and her kids moved out of the other grandparents' home before the halfway point of this year, it would arguably be tax fraud for the grandparents to claim the kids as dependents.


    As far as prior years, it's probably water under the bridge as far as your daughter's kids, but I'm wondering how your daughter's boyfriend handled his own tax returns (he obviously could not file jointly with your daughter).  Did he not take an exemption for himself on the basis that someone else (his parents) could claim him?  For that matter, did your daughter do that for herself?  It's one thing for your daughter to allow the boyfriend's grandparents to take the deductions for the kids, but for herself as well?


    There are two bases on which an adult can be claimed as a dependent by another adult:  (1) qualifying child; and (2) qualifying relative.  To be a "qualifying child," among other things, the son would have had to have been under 19 years old or under 24 and a full-time student (or "permanently and totally disabled").  Did your daughter's boyfriend meet this qualification for any year?  Your daughter cannot have been her boyfriend's parents' "qualifying child."  To be a "qualifying relative," it's not actually necessary to be a relative if the person lives with you all year.  However, for 2018, a person could not have been a "qualifying relative" unless that person had $4,150 or less in gross income for year.  Did either your daughter or her boyfriend have less than that minimal level of income?


    If I were your daughter, I might think hard about consulting with a tax lawyer or tax accountant about submitting amended returns for prior years.


    P.S.  Hopefully I got all the above correct, and I'm sure "Tax_Counsel" will correct me if I didn't.

  5. 11 hours ago, MommyZen said:

    What can I do in these circumstances?


    I'm sure you can do lots of things.  Since you only described "these circumstances" in the most vague of terms, I'm not sure what you think anonymous strangers on the internet can do for you.


    Seems like you have more need for emotional support than answers to legal questions (especially since you have a lawyer).

  6. They can't control how the boyfriend's parents complete their tax returns.


    If, under the applicable IRS regulation, your daughter is entitled to claim her children as dependents, then she should do so on her returns.  If the father's parents also claim the children, then the IRS and the state taxing authority will investigate.


    By the way, is the boyfriend the children's father and, if so, has his paternity ever been established?

  7. 3 hours ago, RetiredinVA said:

    You did not identify the state where this occurred.


    The post is tagged as related to Kansas.



    3 hours ago, chatmonmom said:

    beyond the fact that they just didn't answer those questions, the fact that they didn't disclose this information really bothers me. Is that even legal?


    I haven't googled what the Kansas residential real estate disclosure law requires.  However, you told us that the seller gave you written disclosures and "skipped over the questions asking about flooding."  Assuming that, like most states, Kansas has a required disclosure form, this makes me believe that some disclosure regarding flooding was required.  As indicated in my prior response, the problem with this is that I assume you received the written disclosures before closing on the sale.  If that's right, then you could and should have noticed that the seller "skipped over the questions asking about flooding" and should have insisted that the seller answer those questions.  Because you knew or should have known that the seller didn't make this required disclosure but proceeded to close anyway, that may preclude any action by you against the seller for failing to disclose flood issues.  Again, you need to consult with a local real estate attorney about this.

  8. 3 hours ago, Dr. Dan said:

    Don't they have the right to excavate it back up without warning if they choose to?


    You told us that there is a utility easement, but we obviously don't know anything about what it says.



    3 hours ago, RetiredinVA said:

    I would assume the utility company has an easement over the area where the hole was dug.  If that is the case, they have the right to keep the hole open until they have finished whatever they were doing.


    I doubt that the easement gives the utility company the right to dig a large hole, leave dirt from the hole outside the easement, and leave the yard in that condition in perpetuity.

  9. 2 hours ago, Wilby64 said:

    I am guessing nobody wants to touch this subject


    You posted in the middle of the night (shortly after 2:00 a.m. Pacific time).  Were you expecting folks to leap into action?  It's a message board.  Be patient.



    6 hours ago, Wilby64 said:

    How might I ask, is this not kidnapping/abduction.


    We're in no position to explain to you why the local authorities in Texas won't take action, but it's neither of the things you mentioned because your daughter sent the child to the grandparents voluntarily.



    6 hours ago, Wilby64 said:

    What can we do to get this 4 yrs old child back where he rightfully belongs?


    Your daughter needs to retain the services of an attorney in Texas to file appropriate legal proceedings to get the child back.  Should have done this within weeks after the child was due home, and the longer she allows this situation to exist, the worse it will become.



    1 hour ago, RetiredinVA said:

    it is pretty obvious that the mother has to hire an attorney to file for custody in Ohio so she has legal documentation of her custody.


    I disagree.  Any legal proceedings need to happen in Texas where the child is (at least in the absence of some explanation of the current status regarding custody of the child, including what's going on with the child's father).



    1 hour ago, Wilby64 said:

    So in a nutshell, anybody can grab a child and keep them And make the paternal parent go to court to prove they have custody is that how it works?


    Paternal parent?  You mean the father?  In any event, no one wrote anything like this.  No one "grabbed" your grandchild.  You told us that your daughter willingly allowed the child to go to the other grandparents in another state -- apparently without making any provision for the child's return.  Again, we don't know why law enforcement in Texas won't take action.  However, since they're not taking action, your daughter's recourse is obvious.  The lawyer in Texas can advise her on the specific action she should take.

  10. 30 minutes ago, LegalAdviceAppreciated said:

    He completely disregarding the 6 notice provision that required he inform me of his leaving


    What does "the 6 notice provision" mean?  Why would you expect him to tell you that he was planning to move?



    32 minutes ago, LegalAdviceAppreciated said:

    What rights do I have?


    I fail to see any utility in creating a list of rights.  It's not entirely clear what the problem is here, but you should be discussing the matter with your attorney.

  11. 1 hour ago, chatmonmom said:

    the owner skipped over the questions asking about flooding. We missed this


    So...the seller failed to make a required disclosure and you knew (or should have known) that the seller didn't make this disclosure but proceeded to close anyway?  That's obviously an important fact.



    1 hour ago, chatmonmom said:

    Do we have any foot to stand on here. I have been told to reach out to an attorney. . . . What do we do if anything?


    I'm skeptical that you have a valid claim against the seller or seller's agent because you knew or should have known that the seller failed to make a disclosure about this subject.  Nevertheless, I agree with whomever told you to consult with a local attorney.  I also hope you bought flood insurance since regular homeowner's insurance doesn't cover it.

  12. 2 hours ago, SAB said:

    My personal injury attorney wants to withdraw from the lawsuit he filed after trial date SET .


    Just to clarify, in the subject header of your post, you wrote that the attorney "wants to withdraw [the] lawsuit," but here you wrote that he "wants to withdraw from the lawsuit."  Those are two very different things and, unless you say otherwise, I'll assume you intended the latter (i.e., that he doesn't want to represent you anymore).



    2 hours ago, SAB said:

    CAN I PLEASE HAVE ANY ADVICE OR HELP on options what to do next. Sign Off , Go in front of a judge, Hire another attorney ?


    No one here knows anything about your situation beyond the scant information in your post.  Among other things, you didn't tell us why your attorney wants to withdraw.  That said, if your trial date isn't for another year, the likelihood that you could prevent the attorney from withdrawing is probably almost nil, so you probably should be seeking a new attorney.



    2 hours ago, SAB said:

    Do I have the right to see what has been investigated to date by attorney?


    I'm not quite sure what this means, but anything pertinent to your case should be in the files that get transferred to you or your new attorney.



    2 hours ago, SAB said:

    I believe there are very important facts that were not looked into.


    Ok.  Good thing you have eleven months until the trial date.

  13. 13 minutes ago, Marianne Helphrery said:

    we received the title and Ioan canceled


    What does "we received . . . loan canceled" mean?



    13 minutes ago, Marianne Helphrery said:

    now they said they have canceled the title and made a new one


    Who are "they"?  Did "they" provide any evidence that title was canceled?



    14 minutes ago, Marianne Helphrery said:

    we can sell or do anything until we get with them.


    I assume you meant "can't."  What does "get with them" mean?



    14 minutes ago, Marianne Helphrery said:

    can they void our notarize title and put a stop on our RV from being sold.


    We have no conceivable way of knowing whether "they" have this ability.



    27 minutes ago, Marianne Helphrery said:

    they said they made a mistake on the loan and they now want us to pay on this  HELP


    Not sure what sort of "help" you think anonymous strangers on the internet can provide, and we obviously don't know whether your loan was or wasn't fully paid off.  Does your lender's claim match up to your personal financial records?

  14. 59 minutes ago, Waterlover212 said:

    I drink a lot of water


    Tap water?



    59 minutes ago, Waterlover212 said:

    I like to brush my teeth with cold water.


    75-80 degree water is perfectly fine for brushing teeth, and whatever water actually goes into your mouth (which is probably no more than an ounce) will warm up to the temperature inside your mouth (~98.6 degrees) within a few seconds.



    1 hour ago, Waterlover212 said:

    Is the building required to fix something like this regardless of the cost, difficulty, or inconvenience?


    A building has no ability to fix anything.  The question is whether your landlord has a legal obligation to ensure you have "cold water," and I doubt any such obligation exists.



    1 hour ago, Waterlover212 said:

    And how does one determine what 'cold' water is?

    "Cold" and "warm" and "hot" are subjective terms.



    1 hour ago, Waterlover212 said:

    I talked to one lawyer about this and he said that cold water is defined as water that's drinkable and what I described to him does not sound like drinkable water.


    Defined by whom or what?  Also, there's absolutely nothing about 75-80 degree water that makes it not "drinkable."



    1 hour ago, Waterlover212 said:

    Do I have grounds for reporting my building management to the city?

    I can't claim familiarity with the myriad of oddball landlord-tenant laws in NYC, but I seriously doubt it.  You've only give two examples of how this is an issue for you, and neither really stands up to scrutiny.


    Also, I looked at the links you provided and nothing suggested there's any definition of "cold water" or any actionable right to same.


    Ultimately, if you don't like it, you're free to move as soon as your lease expires or, if you're a month-to-month tenant, upon giving 30 days' notice.

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