Jump to content


  • Content Count

  • Joined

  • Last visited

  • Days Won


Posts posted by pg1067

  1. Genna5194 said...

    They need her to sign this as she is the daughter/survivor of the son named in the will.

    I assume this is your daughter's grandmother's will, as opposed to your daughter's father's will.

    Whether or not your daughter is entitled to anything from her paternal grandmother's estate cannot be determined from the part of the will you quoted. The will probably says something about what happens if any of the named beneficiaries dies before the grandmother. That's the important part for figuring out this issue.

    I suggest you consult with a local attorney about this. Shouldn't take more than about ten seconds for someone to figure out whether your daughter is entitled to anything.

  2. superbigdog1728 said...

    Executor of estate which I could become a beneficiary was apparently settled 20 yrs. ago cannot be found.

    I'm sorry, but this doesn't make much sense. You "could become" (future tense) a beneficiary of an estate that was settled 20 years ago? How could that be possible?

    superbigdog1728 said...

    What type of research and/or legal notification is necessary to contact "missing" executor

    I don't understand this question. In order to contact anyone, you must have some sort of contact information, such as an address, telephone number, e-mail, etc.

  3. If you have no income and no non-exempt assets, then there's nothing your creditors can take from you. Of course, I would assume that you hope to change and are actively working to change your circumstances.

    In any event, I don't really understand the "how can I file" question. You file by submitting a petition with the appropriate schedules, etc.

  4. My guess (and it's just a guess) is that whatever you read was referring to a concept commonly called "judgment proof." If you have no non-exempt assets and your only source of income is also exempt, then a creditor has nothing against which it can enforce any judgment it might obtain against you. In certain respects, that has the same effect as filing bankruptcy (although there are some significant differences). Like the others, I have never hear the term "home bankruptcy," and googling the term turns up articles relating to whether a person who has filed bankruptcy can "save" his/her home.

  5. timsed said...

    The Bank insists I'm part of the loan, because I was party to the checking account and somehow that because I agreed to the terms of the checking account, the loan was implicit and they don't need a specific signature on any loan documents. What can I tell them?

    You can tell the bank anything you like. Determining whether the bank's position is correct obviously requires reading the checking account documentation. I suggest you read that documentation to see what it says (and ask for a copy if you don't have it). You are free to tell the bank you won't pay; the bank can sue you; you can defend; and the court can decide the issue.

  6. The charges were filed by the district attorney, not your fiance, and only the district attorney can dismiss the charges. The DA can force your fiance to testify as part of its case against you. If she testifies to different facts that she told the police, then she could face charges for perjury or filing a false police report. You need an attorney to help you defend against the charges, and she may need her own attorney to advise her in connection with her testimony.

  7. You're free to contact that local police or the FBI about possible criminal sanctions (I believe the FBI has jurisdiction over things that happen on the Internet), but that won't "make sure this person does not do this again." You're also free to file a civil lawsuit, but that too will not "make sure this person does not do this again." It will only (possibly) get you monetary damages. The only way to "make sure this person does not do this again" would be to kill him/her, and that's obviously not an option.

  8. payton18 said...

    Can they still take current payment and not just arrears?

    Your obligation to pay child support continues until one of the following occurs: (1) the obligation terminates pursuant to the terms of the court's child support order; (2) the obligation terminates by operation of law; or (3) the court enters a new order terminating the obligation.

    Based on a quick google search, it appears that child support can be terminated if the child is 18 and has graduated high school, but you need to read the court's child support order. It may be that you will need to petition the court to terminate the current obligation.

    Another thought occurs to me: Even if you no longer have a current support obligation, it is possible that the child support enforcement authority is taking more for the arrears since you no longer have the current support obligation. You're certainly free to discuss with someone at the support enforcement authority.

  9. Ted_from_Texas said...

    if he pointed it at another student's face -- accidentally or on purpose -- . . . [and] if the other child suffered an eye injury you could be liable for civil damages as well.

    I disagree here. Under California law, vicarious parental liability would only exist for willful/intentional conduct. There is no vicarious parental liability for damages caused by a child as a result of negligent/accidential conduct.

  10. Sometimes there are local ordinances that set a maximum occupancy for particular types of dwellings. Additionally, a landlord may limit the number of persons who can occupy a rental unit. But no state has laws on the subject. It's not clear what your concern is, but you're free to contact the landlord, whatever local agency it is that enforces local occupancy limits (if any exist in your area), and/or the local child protective services agency.

  11. runner5 said...

    i will also have to subpoena the mediator. How do I go about that?

    I don't think I understand the question. You subpoena the mediator by serving him or her with a subpoena. That said, I have to wonder what information you think the mediator could testify about that wouldn't be privileged.

  12. I'm not in any of the states you mentioned, so I can't give you a professional opinion about the differences between those states' laws. Duress certainly is a big issue with respect to prenups, and the best thing to do is to make sure the spouse with the perceived "weaker" bargaining position is represented by independent counsel. Good luck.

  13. Opinions about what she "deserves" from anonymous strangers on an Internet message board are not, in my opinion, especially useful. The question is what chances does she have of obtaining visitation, and that that can only be answered by a local attorney with knowledge of the applicable state law, all relevant circumstances, and the tendencies of the local judges. The applicable legal standard is the child's best interests, and courts generally assume that it is in every child's best interests to have as full a relationship as is possible with both parents. Without knowing even what state this is happening in, I can only guess that any visitation that the mother is granted will be fairly limited and might need to be supervised.

  14. In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

    BrentanAdams said...

    was curious it they could pull up anything else

    I'm not sure what you have in mind here, and we have no idea what the form your insurer sent you says.

    BrentanAdams said...

    I was in a car accident in may and [am] still having neck pain

    You realize it's still May, right?

    BrentanAdams said...

    they say it has been 3 weeks and they will add that in to there claim should i be worried?

    Worried about what? Keep in mind that it's not clear who "they" are or what "add that in to there [sic?] claim" might mean.

    BrentanAdams said...

    Do you think i should seek out an attorney?

    Your post doesn't suggest any reason why you would do this, but your post also is very difficult to read and provides virtually no relevant facts. All you've told us is that you were in a car accident, that you have neck pain (which is so minimal that you haven't had to take time off work), and that you're dealing with your insurance company. That last piece of information suggests that it was a single car accident. So why would you consult an attorney? If you're thinking you should do so solely with respect to the scope of the HIPAA release, you certainly can do that, but I certainly wouldn't if I were you.

  15. libradreamer said...

    we couldn't deal with his insurance company ourselves

    I assume "his" refers to the driver who rear ended you. Why were you unable to deal with his insurer?

    libradreamer said...

    in Dec 2008 we hired a local lawyer. He told us at the time the case would be settled within 3 to 6 months. It is now Feb. 2011 and our case has still not been settled. Whenever I call to find out if there are any new developments I get the answer of "he cannot get them to answer the phone"

    And you accepted this sort of response for 26 months? Why?

    libradreamer said...

    is it normal for a case to take over 2 years and if not what options do I have?

    What's "normal" or abnormal isn't relevant and obviously is influenced by all relevant facts. In the abstract, a rear end case shouldn't take that long unless there are some very unusual facts. The problem at this point is that you appear to have blown the statute of limitations (which is two years), so you probably can forget about any recovery from the other driver and/or his insurer. Instead, you probably should be looking for a lawyer who handles legal malpractice cases to pursue the lawyer you hired.

  16. lotusac43 said...

    I answered and did not want to present some documents that have nothing to do with the case. I consider them private documents and the defendants do not need these documents.

    I don't know what you mean by "private documents," but I certainly hope you understand it's not up to you to decide what your adversary does and does not "need." I would also point out that discovery is not limited to only those matters that are relevant or admissible.

    lotusac43 said...

    I was told that a Motion for Privilege Log could protect my documents from being shown. My question is can this motion protect my documents?

    Who told you this? It doesn't even make sense. A privilege log is a log of documents withheld from production on the grounds of the attorney-client privilege or the work product rule (or, less frequently, other privileges), and which contains basic information regarding each such document that can be used to evaluate the privilege claim. Since you're the responding party, if anyone were to make a motion to compel you to produce a privilege log, it would be your adversary party. Given what you've said here, you could file a motion for a protective order. Without knowing more about the case and the documents in question, we can't know whether the documents are or are not discoverable.

    lotusac43 said...

    what if the court asks to see them do I have to show them?

    I don't know who "them" are. The court isn't going to "ask." If the judge decides it is necessary to review the documents in order to decide whether they can be protected from discovery, he/she will order you to produce them so that he/she can do so.

    lotusac43 said...

    how will I know the court will not show the defendants?

    Unless you have real evidence of some sort of collusion between the court and the defendants, this can't be treated as a serious question.

  17. ruspatter said...

    If a Will says that real property "maintenance" must be paid by the estate until the property is transferred to the beneficiary, what does "maintenance" mean?

    The most reasonable interpretation probably is that the estate must pay all reasonable expenses to keep anything bad from happening to the house/property. For example, any mortgage must be paid to prevent the property from going into foreclosure, gardening would have to be paid to prevent landscaping from deteriorating, etc.

    ruspatter said...

    Executor's lawyer says it does not mean taxes, insurance, repairs, but only basic maintenance like mowing law, etc.

    I would argue that's not a reasonable interpretation. Failure to pay property taxes likely would result in the filing/recording of a tax lien. That may not be a bad thing if the estate pays the taxes and the lien gets removed before the house is sold or otherwise transferred. As for insurance, what happens if the insurance lapses and the house burns down? If that were to happen, the attorney should hope he has good malpractice coverage. As for repairs, that's arguable and depends on what repairs might be necessary or desirable. If there's a smashed window, then that's probably necessary to prevent further damage. On the other hand, a gate that's difficult to open probably wouldn't need to get done.

    ruspatter said...

    He wants beneficiary to reimburse the estate for taxes and repairs, but the property hasn't been transferred tot he beneficiary.

    Obviously, no beneficiary has any duty to reimburse the estate for anything unless the beneficiary makes an agreement with the estate for reimbursement. It's also worth pointing out, however, that any expenses by the estate ultimately will reduce what the beneficiaries receive.

    ruspatter said...

    Is there any place that defines "maintenance", or do we have to take the executor's decision?

    Since everything up to this point has been in the third person, I have no way of knowing who "we" are. I doubt any statute in any state defines "maintanance" in this context. Whether there's any case law that would provide guidance obviously depends on what state this is happening in, and you didn't identify any state. However, even if there's no guidance in statutory or case law, a beneficiary doesn't have to accept the executor's decision. A beneficiary could tee up the matter for resolution by the probate court.

    ruspatter said...

    Not worth hiring a lawyer to argue - would cost more than the taxes and repairs.

    Obviously, a cost-benefit analysis is necessary, but don't assume that attorneys' fees would not be recoverable in a situation like this.

  18. "My mother made a living will with an Attorney when I was a teenager, and appointed a friend as executor of the will."

    Let's get a couple things straight here. The term "living will" is typically used to refer to a document that specifies what sort of medical treatment the maker does and does not want in the event that the maker is unable to make or express decisions for him/herself. A "living will" or advance healthcare directive may or may not designate a person to make other medical decisions on behalf of the maker, but that person is not referred to as an "executor."

    Unfortunately, the term "living will" creates confusion because it is not a will. A will is a document by which a person can direct the disposition of his/her assets upon death. A will may nominate an executor, but only a court can appoint an executor.

    From the context of your post, it is clear that you are talking about a will, not a "living will."

    "Now that mother has passed the executor has become senile and unable to execute the will. Since, I am an only child. How long would it take to be nominated to become Power of Attorney over the will or administer the estate?"

    You are free to file a petition with the probate court in the area where your mother lived and asking that you be appointed executor because the nominated executor is incompetent to serve. One would assume the process of filing until confirmation would take roughly a month, but that obviously depends on the laws and procedures (and any court backlog) in the unidentified state and locality where she lived.

  • Create New...