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pg1067

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Everything posted by pg1067

  1. There are multiple cases holding that the Free Exercise Claus in the First Amendment to the federal Constitution does not allow religious use of otherwise illegal drugs without consequence. See, e.g., Employment Division v. Smith, 494 U.S. 872 (1990).
  2. The OP apparently edited it after I responded.
  3. Cool story. Do you have a question?
  4. Presented it to whom? How long ago did the death occur? What is it that makes you describe the will as "very simple and vague"? In what state is this happening? It's worth pointing out that, unless and unless a court appoints him, the deceased's brother is not actually the executor? What does this mean? How so? What steps should you take for what purpose? What does "this style case" mean? I legitimately have no idea what you're talking about. You said the deceased was a friend, so, unless his will leaves something to you, you have no legal interest in his estate. You also said he was a business partner, but you provided zero information about the nature of your business relationship. Without at least some information about that, we have no conceivable way of knowing if or how his death might impact you.
  5. I highlighted four words that I'm going to disregard, because I think the sentence without those four words is what you're really asking. I'm not in your state, so I don't know the procedural specifics, but the way this sort of thing is generally done is that you exchange a check for an acknowledgment of satisfaction of judgment, which then gets filed with the court. You'll need to discuss with your attorney the specifics of how it works in your state.
  6. The company did mandate it, so it is obvious that it can do so, and it is legal to do so.
  7. Awards of attorneys' fees happen most frequently (but not exclusively) in contract cases. The typical procedure is that, after the entry of judgment, the prevailing party makes a motion for attorneys' fees and attaches either a billing statement or (typically redacted) invoices as exhibits. The other party has an opportunity to oppose the motion (and there is not otherwise any "petition[ing] the court to lower it"), and the court will make a decision how much in fees should be included in the judgment. If you're suggesting that, in connection with such a motion, the attorney has falsified his/her invoices, that's the sort of thing that gets lawyers disbarred if they get caught.
  8. While I don't really think this is the sort of thing that should cause DFCS to become involved, given the circumstances, why don't they stop doing this? If that's the one and only issue that might cause DFCS to become involved, discontinuing this activity is an absolute no-brainer. Are they so addicted that they cannot stop for a few months? Given these circumstances, a POA would not do much of anything (except as noted above). While I don't know the details of GA guardianship law, it's likely that, if you sought a guardianship, notice would have to be given to the other grandparents.
  9. Your daughter and her husband are free to allow their children to live with you at any time. Why are they going to be "displaced," and what exactly does that mean? You mentioned incarceration, so can we assume that they did or may have committed one or more crimes? First, one does not "file for" a power of attorney. Power of attorney can be given simply by having an appropriate documents signed. By contrast, a guardianship can be created only by a court order. A power of attorney ("POA") allows one person (the agent or attorney-in-fact) to enter into transactions with third parties on behalf of another person (the principal). A POA may be very broad (essentially encompassing everything that the principal could do) or it could be very narrow (e.g., a power of attorney could give the agent authority to negotiate on the principal's behalf for the purchase or sale of a piece of real property and nothing else). The important thing to understand about a POA is that no third-party is required to accept it. A guardianship a proceeding by which the guardian receives authority and responsibility relating to another (the ward) that is similar to that of a parent. A guardianship (whether temporary or otherwise) involves some divestiture of the parents' rights. This can (and often is) done with the parents' consent (as you are contemplating) and can also happen against the parents' will. A guardianship can be "of the person" or "of the estate" or both. A guardianship of the person involves the guardian taking care of the ward's personal needs. A guardianship of the estate involves the guardian being responsible for the ward's finances. in some cases, one person may be guardian of the person and another may be guardian of the estate. Where the ward is a child, there is typically no separation unless the ward happens to have significant assets that do not belong to either parent. Getting back to your question, why do you think you would need or want either a POA or a guardianship? It is not necessary to have either in order for your grandchildren to live with you. If you think you may need to obtain medical treatment for your grandchildren at a time where neither parent will be available to consent, then you might want a POA. Your daughter and her husband should speak with their children's current medical provider(s) to see what might be necessary. You could also conceivably need a POA to enroll the children in school if neither parent will be available to do that. Is that something you foresee as being likely? Are there other reasons why you think you might need or want a POA or guardianship?
  10. That doesn't answer my question. In the legal world, "homestead" refers to exempting all or part of the equity in one's primary residence from enforcement of civil money judgments or in a bankruptcy. In a lot of states, nothing needs to be done to take this exemption. In Florida, 100% of the equity in one's primary residence is exempt from enforcement of civil money judgments. According to this article, the exemption applies as long as the owner has owned the property at least 1,215 days. I suggest you carefully review Chapter 222 of the Florida Statutes, including, in particular, sections 222.01 and 222.02. I was going to say that this has nothing to do with "tax purposes," but the page linked by "MiddlePart" indicates that a homestead declaration may reduce the taxable basis in one's property, so I suggest you also carefully read the information he/she provided.
  11. Please explain what you think "homestead" means when used as a verb (as you have done). In other words, what are you seeking to accomplish?
  12. Spam is not permitted, and this post has been reported for deletion.
  13. No one here is in any position to explain to you what some unknown person told you based on a document (or documents) we haven't read. This was a pretty clear point of emphasis of both of my prior responses in this thread back in March. I don't understand what this means. In one of your prior posts, you mentioned that the association might have a right of first refusal, but we know nothing more than that. Again, one would need to read the CC&Rs and by-laws to know how they might impact your estate planning desires. Please don't make important decisions based on what someone who is not your lawyer told you about what the documents say. $60 is not a crazy price for an "immense" document (which CC&Rs typically are). If you want this done correctly, pay it so that your lawyer can advise you intelligently.
  14. I probably could, but that would take more time than I care to devote to something like this. A search is unconstitutional when it is done in violation of the Fourth Amendment. The Fourth Amendment states, in pertinent part, that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Contrary to what a lot of folks think, the Fourth Amendment does not expressly require that any search be based on a warrant. The so-called "warrant requirement" has evolved over decades of U.S. Supreme Court decisions. The result is that a search is illegal if it is not supported by a warrant or one of the numerous exceptions to the warrant requirement. If you review some of these search results, you can get more information about the exceptions. Googling "automobile exception to warrant requirement" would probably also be a good idea. Once you understand how the "warrant requirement" and its exceptions work, you can make up your own examples.
  15. What does "I could have it" mean? What is this person's relationship to you? Parent? Sibling? Third cousin twice removed? Who are "they"? What type of policy is it (term or whole)? Force the company to pay what? The benefit from a life insurance policy is payable upon the death of the insured. Since you appear still to be living, why would the company pay anything to anyone?
  16. Remedy for what? What is it that you hope to achieve? In what state did this happen?
  17. There's pretty much nothing there, so I can't imagine why it would.
  18. Are you asking us? As I understand this, you're quoting an email from the repair shop owner, but this is garbled nonsense. Did you sign something relating to this repair? If so, can you quote the applicable language from that document? No way to answer your ultimate question without knowing exactly what you agreed to.
  19. You didn't ask a question, so I'm unsure what the purpose of your post is. What reason did the person with the SC DMV give you why the printout you obtained is unacceptable?
  20. Then the 60 day notice is legally meaningless, but it might be in your best interests to speak in person or by phone with the landlord to try and resolve things.
  21. Do you have a tenancy for a specified term, or are you a month-to-month tenant? To clarify, you said you moved in a little over two months ago, so for the sake of discussion, let's say you moved in on March 16, 2019. Does your lease say that your tenancy will last from 3/16/19 until, e.g., 3/31/19 (or something like that)? If you're a month-to-month tenant, your landlord may legally evict you for virtually any reason (even objectively silly reasons) by giving you 30 days' notice (60 days would be required if you had lived there longer than a year). On the other hand, if you have a lease for a specified term that has not expired, you can only be evicted for cause, and neither of the incidents you described would be sufficient cause for an eviction.
  22. I agree with the prior response and, if you're going to file suit to be allowed access to your property, you need to do it without delay. If you wait until this witch has sold the house and moved out and disposed of your stuff, all you'll be able to do is sue for the value of the property.
  23. Fight it on what basis? In any event, despite your use of a question mark, this sentence is not a question. If your intent was to ask whether you "would have to get a lawyer," the answer is no. If you're asking how much a lawyer in Milton County, PA might charge for a case such as yours, call some lawyers there and ask. We've never seen it, so we have no way of knowing. However, even if the ticket were "defective" in some way, a ticket is nothing but notice, which could be amended to cure any defects. Probably, unless traffic school is an option to keep it off your record.
  24. Not likely. Most states' "lemon laws" apply only to new cars, and a car cannot be considered a "lemon" until the seller has had multiple opportunities to correct the issue. In what state did you purchase the car? Did you obtain a warranty on the car? Regardless, since you've apparently been sued and had a judgment entered against you, it's a moot point now. Well...you agreed to pay on the loan, and your agreement to pay on the loan unquestionably was not contingent on you remaining in possession of the car. However, you failed to explain why you "don't even have" the car. What does what mean? Are you seriously claiming not to know what "in writing and under oath" means? If your question is something else, identifying your state will go a long way toward you getting a useful response.
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