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Everything posted by pg1067

  1. I realize you're simply relaying something she said, but that's a completely nonsensical statement. I suspect your son already did enter into a contract to repay the borrowed monies. Just because "there was no document written up and signed" doesn't mean there wasn't an agreement to repay the loan. You noted that "they had to borrow money to fix the sewer as a condition of closing." I assume the mortgage lender imposed this condition. Correct? How was the loan from the relative made? Was it by check? If so, to whom was the check made payable? Your son only? His wife only? Both of them? His wife can say whatever she wants, but I strongly suspect that the relative would have a relatively easy time suing and obtaining a judgment against both of them as co-borrowers. Whether it would be advisable for your son to sign something confirming the existing debt is something about which he'd have to consult with a local attorney, but I doubt it would be in his interests to do that.
  2. Subject to how literal your question is, the answer is most likely yes. The terms of which are what? I have no idea what this question might mean.
  3. It's not entirely clear what's happening, but the two biggest problems that appear from your post are (1) your child, and (2) your parenting. Fix those and then worry about outside noise.
  4. Let me ask you a couple questions. First, is it the father or the stepfather who died? It would be awfully odd for children to receive such benefits as a result of a step father's death. Second, are you the parent of the children's mother or their father? Third, how do you know the particulars of this woman's finances? Where I'm going with this is as follows: Where does the money for the kids' survivor benefits go? Into a bank account, right? Does other money go into that bank account (e.g., the mother's income from a job and/or her own survivor benefits)? If the answer is yes, how do you know she's spending the kids' survivor benefits and not her own or her other income on the "clothes and make up and many unnecessary items"? Why did you think this? Nothing in your post suggests any basis exists for the mother to lose custody. I suggest you contact folks with the SSA and the VA about the other part. However, typically, survivor benefits for children go to the surviving parent (or other legal guardian) to defray the cost of raising the children. For example, when I was a kid and my father died, my mother received survivor benefits from the SSA that went into her regular checking account to help cover monthly bills. She occasionally bought "unnecessary things." Are you suggesting she was acting inappropriately?
  5. Ok. Doesn't change a single thing I wrote previously. It's also worth pointing out that it's not clear if you were arrested or cited or whether any criminal charges have actually been filed. The officer telling you that you're being charged is, by itself, meaningless.
  6. Seeing as how you posted in an existing thread, one would have thought you'd have read the prior responses. Please do so since your question has already been answered.
  7. You should have started a new thread rather than tag it onto a thread that's been dormant for nearly three months. What does "take her name off of everything" mean? While it is true that folks' most significant assets are owned in a way that there is a written record of ownership (e.g., home, car and financial accounts), pretty much nothing else is owned in that way. What assets did your mother own that had a written record? Did he, in fact, "take her name off of everything"? When did she die? If, in fact, she did not make a will, then her alleged wishes are legally meaningless. If she was concerned about having her "wishes" honored, she should have made a will. That being said, and while you didn't identify your mother's state of residence, I don't know of any state in which children get nothing when a person dies without a will and is survived by both a spouse and children. Not exactly sure what you ultimately want to know. If you're concerned about receiving a share of your mother's estate, then sit down with her husband (who I assume is not your father) and discuss the situation. If you don't like how that turns out, consult with a local probate attorney. Please also answer the questions I asked.
  8. Is there a reason you thought resurrecting a year old thread was a good idea?
  9. Your company can sue the other company by filing a complaint in the appropriate court. Since you didn't say where either company is located, we can't provide any information about what the appropriate court might be. Your company can sue for whatever amount it likes. Without reading the contract and knowing what state the two companies are in, it is virtually impossible to speak intelligently about what amounts might be recoverable. However, I can tell you that stress is not something for which a business entity can recover for a breach of contract. Likewise, nothing is preventing you from billing the old fashioned way and, after a month or two of unsuccessful billings, you should have found an reliable alternative. That said, if your company eventually cannot get paid for services because of this, such amounts might be recoverable (again, it depends on what your contract says). While I made a similar point, the reality is that many insurance companies require specialized electronic billing, so that could come into play here.
  10. I'm not sure if it is important to your inquiry that we understand what "a WeWork space" is. If it is, then you should explain it. I don't know what "ticketed" means in this context. Private entities cannot give out tickets in the same way that the cops can ticket cars for being illegally parked. Generally speaking, the only thing a private entity can do is have a car towed. That seems to be exactly what you described, so it should be obvious that the owner of the lot can do this. Also, it's legal (unless your unidentified state has some rather unusual laws about this). Private property owners may legally do all sorts of "weird and arbitrary" things with their property. If you don't like the situation, you can try and negotiate something with the lot owner or find somewhere else to park.
  11. As noted, as long as you're married and no one has filed for divorce, the law has nothing to say about where your kid lives. As someone previously mentioned, if your kid doesn't go back, it's probably likely that mom will file for divorce and custody where she lives. If I were you, I'd consult with a local family law attorney and think hard about filing where you live and beating her to the punch.
  12. I'm not sure what this sentence means (especially the last 5 words). Whose father? Your father? What does "all 6 children" mean? So...what I think you're saying is that John died. He owned a home or other piece of real property and the executor or administrator of John's estate has entered into a contract to sell the property (to you, apparently). I think you're further saying that John had five children and also a stepchild. I think your statement that he left a "will for all 6 children" means the five children and the one stepchild (who isn't legally John's child). But I have no idea what you mean when you say that "[t]he 5 signed off." Signed off on what? What do you mean that "they won't give him his 1/6[th] [share] of [the] profit"? If the home belongs to the estate, then 100% of the profit should go to the estate, and the only person who should need to "sign off" on the sale is the executor/administrator of the estate. Huh? What does "we cant [sic] by" mean? Did you mean "buy"? Who told you this? What does "seller refuses to give him money" mean? Give money to whom? I'm sure you "can do" lots of things. If you've entered into a contract to buy a home and the seller breaches the contract, you can do nothing or you can sue.
  13. What does "technically" mean? You're either married or you're not, and it sounds like you're married. Define "get in trouble"? The law has nothing to say about the living arrangements of married folks and their children until and unless they seek redress from the courts. What if your daughter were "crying saying she" wants to have sex with her boyfriend or drop-out of school or try illegal drugs? Sometimes being a parent means telling your kid to do something she doesn't want to do. That doesn't bode well for your daughter's future, given that she'll be a legal adult in less than two years.
  14. pg1067


    Duplicate thread.
  15. You're not seriously expecting anyone to read that gigantic block of text in a massive font, are you? While I didn't read your post, I did do a text search and found no question in your post.
  16. Let me get this straight. You want to create a document that you hope will be binding in a situation in which you and your husband are adverse to each other but you don't want to involve a legal professional? That makes about as much sense as saying that you want to drive your car on a cross country trip in which you intend to drive through deserts and snow and floods and swamps but you don't want to have your car looked at ahead of time by a mechanic. Indeed. Simple is great until you want to try and enforce something. I'm sure you can find tons of post-nuptial agreements online by conducting a simple google search. Assuming you haven't figured it out by this point, you would be beyond foolish not to at least consult with a local family law attorney.
  17. You didn't answer most of the questions I asked, so that doesn't help. That your boyfriend's name is not on the birth certificate does not, by itself, establish paternity. However, it is often the case that, when a child is born to an unmarried woman, the authorities won't put anyone's name on the birth certificate as the father unless both the mother and father sign acknowledgments of paternity. Rather obviously, dropping off a child with another responsible adult for three days is not abandonment. I strongly suggest your boyfriend consult with a local family law attorney. Anonymous strangers on the internet cannot provide your boyfriend with a reliable opinion about whether or not he can "legally go get his daughter."
  18. Yes. If the debt owed to you was not on her schedules, then you can sue her once the bankruptcy case is over. However, she can go back and add it, so the effect will be the same. Needless to say, this subject is far more complex than can be covered completely in a message board post, so you should consult with a local attorney.
  19. Has the bankruptcy court issued a discharge, or is the case still pending? If she filed under Chapter 7, she has very likely been discharged by now unless one or more creditors objected. As long as her bankruptcy is pending, you can't legally take any action to recover the money. Have you filed a proof of claim in the bankruptcy? The divorce is irrelevant. I'm not sure what "throw this into the bankruptcy" might mean. Did she list the debt to you in her bankruptcy schedules? Whether she can "force" your son to do anything is a question of fact about which we have no relevant information. A divorce settlement would be a voluntary agreement between your son and daughter-in-law. Yes. Until and unless the bankruptcy is dismissed (not discharged), there is no point in spending money on a lawyer. If she receives a discharge, then the debt will not be recoverable (unless you can make an argument that it was a marital debt for which your son should be liable).
  20. Has your boyfriend's paternity ever been established? If so, how was it established? Note that "his name is on the birth certificate" does not answer this question, but it's possible that acknowledgments of paternity were signed in order to get his name on the birth certificate. In what state is the child presently located? Your post is tagged with Mississippi, but your post seems to imply that the child is in a state other than where your boyfriend now lives. How old is the child? How long has the child been at the "unknown location"? Regardless of any legalities, if the child is in an "unknown location," how could he possibly "go get his daughter"? How is it that your boyfriend knows what has happened? What does "file abandonment charges on mother" mean? Are you implying that a parent who leaves his/her child in the care of another responsible adult, without anything more, has automatically abandoned the child? Regardless of how you answer these questions, your boyfriend certainly is free to file papers with the appropriate court to try and obtain custody.
  21. Why were you expecting a refund? Not clear what you mean by this, but opinions about what the law should be aren't terribly important. One would have to review all of the relevant paperwork to advise you about this.
  22. Precedent in what state? Since you didn't identify the state, your reference to "Rule 13.1.02(2)" is meaningless. If you post a follow up, you should also explain what the defendant's condition is that makes it "inadvisable" to travel.
  23. Then please demonstrate why we were wrong. Your post cited no statutory or case law, so you've demonstrated nothing other than an ability to state a contrary opinion.
  24. You can be charged if the prosecuting attorney (not the officer) believes there is probable cause that you committed a crime. That the child was left in the care of a responsible adult is something that ought to be brought to the attention of all involved. If true, it should prevent a conviction.
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