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pg1067

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Everything posted by pg1067

  1. pg1067

    Common Law Marriage

    First of all, are you SURE you had a common law marriage. Only about ten states still recognize common law marriages, and most laypersons are under the mistaken belief that a common law marriage can be formed simply by living together for a long time. Regardless, your use of the term "my children" instead of "our children" suggests that these are your children, but not also his children. If that's the case, then you need simply call the cops. On the other hand, if these are both of your children, both of you have identical legal rights (in fact, if you didn't have a common law marriage and paternity was not properly established, then he may have NO rights). In any case, the best way to deal with this is to go to court and get an order establishing custody, support and visitation. Consult local counsel.
  2. pg1067

    Reverse auctions

    I can't fathom why someone would want to conduct such an auction. Wouldn't one have to be a mornon to bid anything other than 1 cent? In any case, I can't imagine why such an auction would be illegal.
  3. "I have recently been told that in the State of Kentucky you are not allowed to be married more than four times." Told by whom? I suggest you go back to whomever told you this and ask that person to site the section of the Kentucky Revised Statutes or the decision of the Kentucky Supreme Court or one of the courts of appeals that supports his/her claim. When he/she is unable to do so, ask him/her kindly not to make stuff up and mislead people about the law. Of course it's not true. A person can marry as many times as he/she wants (as long as all prior marriages have been terminated by death, divorce or annulment, of course). That said, I certainly hope this woman's track record is a GIANT red flag for your father.
  4. Most, if not all, states have laws that criminalize cruelty to animals that would cover leaving a dog in a parked car unless proper measures are taken to provide air ventalation and water for the dog.
  5. I have no idea who "them" and "they" are or what exactly you're saying happened at the trial. If a criminal defendant gave a statement after being taken into custody, that statement can be used against him/her. If the defendant was under the influence, he/she can seek to have the statement suppressed so that it cannot be used by the prosecution. If the suppression motion isn't successful, then the defendant can testify about his/her being under the influence in the hopes that the jury won't lend much weight to the statement.
  6. pg1067

    robbery

    We have no possible way of knowing without knowing what crime the person in question is charged with and what state this is happening in.
  7. No, but some counties may have web sites that would allow you to search pending cases by case number and/or party name.
  8. As your question is phrased, the only possible answer is maybe. You'd need to provide more details about the situation for a better answer.
  9. Sure. It's called fraud, the basic elements of which are (1) a false statement of material fact, (2) made with knowledge of its falsity, (3) and made with an intent to deceive, (4) on which the person to whom it is made reasonably relies, (5) and which results in damages to the person who reasonably relies on the statement. Note that damages are necessary. Nothing's illegal about going around lying about your past as long as no one is harmed as a result.
  10. pg1067

    Faxed Signatures

    Generally speaking, unless there is a law that requires an original signature, a fax or e-mail signature is equally as valid.
  11. There's no such thing as "ecclisiastical privilege." If a church or member of a church defames someone, he/she/it can be liable for same.
  12. Nothing. What would make you think otherwise?
  13. "My uncle just died in NH he has 7 children who are not the brightest." I'm sure they think highly of you too. :-) "Only 1 son ever worked and contributed," Contributed to what? "They are now all ready ro fued over who get s the house. I say sell it and split it 7 ways but do not know the laws of NH any help would be appreciated" The law says nothing. I'm assuming that your uncle was not married at the time of his death. If that's correct, then his children are equal beneficiaries of his estate. The first thing your cousins need to realize is that your uncle's estate probably must go through probate proceedings, and that, until that happens, no one's going to get the house (at least not with good title). Someone (presumably one of your cousins) needs to file a petition to probate the estate and be appointed executor. The executor can then make the decision as to what to do with the house (which will most likely be to sell it and divide the proceeds since deeding the property to seven people would be stupid). Somebody needs to go talk with a probate attorney.
  14. pg1067

    Divorce

    Depends on the laws of your unidentified state and what you think "much less" means. Generally, prisoners are allowed to file legal papers without having to pay the normal filing fee. He'd still have to pay for a lawyer, and you may still have a filing fee associated with your response.
  15. "In reply to the recent comment made, my father lived in California and the Trust and Will were done there in 1993. He passed away in New York. New York does not recognize these claims. I would have to do this in California I believe, I actually live in Florida and would like to know if it can be filed in Florida?" Although you haven't described the background to your claim in any detail, there is no apparent connection between your claim and the state of Florida other than the fact that you happen to live there. While you might be able to get a FL court to take jurisdiction over your case (which seems unlikely since his will should be probated in NY where he lived at the time of his death), there would be no apparent reason for the court to apply FL law. From what little we know, the case would be governed by either CA or NY law. While I don't know what NY law says on this subject, you apparently have concluded that NY does not recognize the claim you want to state, and I think we've made it abundantly clear that CA does not either. "Yes there was undue influence coming from my cousin. Undue influence is a claim unto itself, and you can pursue that claim in connection with the probate of his estate. "I have also obtained medical records." It's not clear what the relevance of these records would be. "written in July 1993 and restated in December 1993, reducing the amount of money I would receive." I assume you're talking about the will and trust. Not only will it be very difficult to contest papers prepared 15 years ago, it will cost a small fortune since witnesses and evidence will presumably be located in CA, so the NY attorney will have to travel to CA for depositions, etc. In any case, best of luck to you.
  16. Yes, but saying that it's possible to file doesn't really tell you much, and we can't tell you anything more without any more information than you provided. Consult local counsel.
  17. "My Kids father" Did you mean to say "kid's" or "kids'" (i.e., one kid or more than one kid)? "was killed in january" When you say "killed," that suggests a homicide, which begs the question by whom was he killed? "the house is in both their names" Both of whose names? Him and his wife/mother/sister/brother/gay lover? Him and your kid? Both of your kids? "what are they entitled to" "They" meaning your kids? We couldn't possibly know. It depends on (a) your answer to the question about how the house is titled, ( whether he had a will, © if so, what it says, and/or (d) if not, what the intestate laws of the state in which he died (which you didn't identify) say and whether or not he was married at the time of his death.
  18. pg1067

    Passing of legal title

    "When does title pass from me to a customer?" Title to what? And who are you considering to be a "customer"? Either of the "third parties"? The subscriber? The vendor? Someone who buys it from the vendor? What do your contracts with the "third parties" and the vendor say? Are the "third parties" your agents? What is the concern that gives rise to your question?
  19. pg1067

    pay

    Only if the employee has a contract that requires such increases or is a member of a union whose collective bargaining agreement provides for increases.
  20. You don't have any rights solely from having a domain name. I generally agree with the prior response (although I would focus more on the trademark aspect of things than the domain name issues), but you haven't indicated that your domain name has anything to do with an existing business. For all we know, you don't even have a web site or, if you do, for all we know, you're just using it to post pictures of your kids.
  21. Given what has transpired, I assume your mother died several months ago at least. If that's true, given the animosity that apparently exists between you and your brother-in-law, I find it a little hard to believe that you didn't consult with a lawyer about this. In any case, life insurance proceeds are not part of a deceased person's estate unless the person has set up a testamentary trust and designated the trust as the beneficiary of the policy (which apparently isn't the case here). Therefore, that you were the sole beneficiary of the policy is completely irrelevant to your entitlement to share in your mother's estate (unless the will so provided, which it apparently didn't). If your brother-in-law, as executor, did not distribute your mother's estate properly, he may be personally liable to you, and you may be able to recover your share from the other beneficiaries. You need to consult with a local probate attorney to ascertain your rights and get advice about what you can do at this point.
  22. pg1067

    Map Act

    How could we possibly know without knowing what state you're in?
  23. pg1067

    Hours cut

    Of course, unless the employee has an employment contract or is protected by a union collective bargaining agreement. Why would you think otherwise?
  24. pg1067

    Civil Law

    Depends on the laws of your unidentified state and on any applicable local procedures. Consult local counsel.
  25. pg1067

    Death/Custody

    "Child living with maternal grandmother and her 2nd. husband since death of the mother." Just so we're clear here, you're talking about the grandmother's second husband and not the deceased mother's second husband, right? "Grandparents intend to adopt child." Which ones? "Paternal grandfather currently serving jail sentence for felony." Not sure if or why this is relevant. "Does serviceman have parental rights in SC?" Since he's apparently not the child's parent, then it should be obvious that he has no parental rights. According to a quick google search, SC is the only state in the country that has no provision for non-parent visitation. Your post certainly begs the question where the father is, but, perhaps, he can seek to adopt the child himself. He should consult counsel without delay to ascertain what his options are, if any.
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