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pg1067

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Posts posted by pg1067


  1. 2 hours ago, Tisha said:

    My father passed away last year, he owned a successful business in grave digging. He did not have a will when he passed away. My step mother got everything and did not share any of my father’s estate with my sister and I. Is this legal?  If not what should I do?

     

    Well...what do you mean when you say that she "got everything"?

     

    When a Georgia resident dies without a will and is survived by a spouse and descendants, the spouse and descendants split the estate (with the spouse being entitled to no less than 1/3 of the estate).  After your father died, did you or anyone else seek to probate his estate?  If not, why not?  If so, what happened with the probate?  If probate was never done and you want your share of the estate, that's how you do it.

     

    Our of curiosity, are you concerned more with money or things that have sentimental value but no financial value?

     

     

    2 hours ago, Tisha said:

    Can a lawyer take his fees out of winning settlement if granted since I have no money to pay up front?

     

    Probate attorneys are typically paid a percentage of the estate, but the only way to find out is to call some local attorneys and ask.

     

     

    2 hours ago, adjusterjack said:

    Married people typically own everything jointly with right of survivorship.

     

    I don't agree with this as phrased.  Houses and financial accounts are typically owned in this way, but (1) very few other assets can be titled (JWROS or otherwise), and (2) the OP indicated that his/her father's widow is a stepmother, so it's possible that the house was owned before the marriage and he didn't add the new wife to the title.


  2. 24 minutes ago, Micki said:

    Iam wanting to make a lawsuit against Walmart. For locking up all the female products. For public humiliation.

    Has it occurred to you that the store does it as a theft prevention measure?  And what on Earth would make you think you could successfully sue over something like this?

     

    26 minutes ago, Micki said:

    For making women feel uncomfortable to go to the store and buy the items that we women would like to not advertise and keep discreet.

    First of all, I can assure you that most women don't feel this way and that virtually no one gives a crap that a woman's buying a box of tampons.

     

    Time to get over it and/or find somewhere else to shop.


  3. 35 minutes ago, paralegalstudent said:

    I am trying to find resources on grandparents rights in North Carolina.

     

    The term "grandparents rights" is a misnomer.  In no state do grandparents have rights regarding their grandchildren unless they obtain a court order that says otherwise.

     

    "Grandparents rights" typically refers to laws that allow grandparents (and, in most states, other classes of persons) to seek an order for visitation with a child against the child's parents' wishes.

     

    If I were you, I would google something like, "north carolina third party visitation law."

     

     

    35 minutes ago, paralegalstudent said:

    I am worried about the paternal grandmother trying for custody or visitation with my son.

     

    Why?

     

     

    36 minutes ago, paralegalstudent said:

    I read that grandparents can only get visitation if there is a child custody order.

     

    I can't comment on something you read but haven't identified, but the U.S. Supreme Court decided a case nearly 20 years ago called Troxel v. Granville, in which it addressed the propriety of third-party visitation laws.  The case arose out of a dispute in Washington in which a court had awarded visitation to grandparents over the objection of the children's parents when those parents were married and living together.  The Supreme Court held that, in such circumstances, the court had no business overriding the parents' decision and that the Washington law that allowed the court to do that unconstitutionally impinged on the parents' right to direct the upbringing of their children.

     

    With that said, are you and your child's other parent married and living together?  If not, what is your situation?


  4. 3 minutes ago, LegalwriterOne said:

    Adultery is still a crime in SC. 

     

    True, but (1) who knows if anyone will actually bother to prosecute (sex between any unmarried persons is also a crime in SC, and I doubt that is ever prosecuted); and (2) criminal adultery is defined as "the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person."  We don't know whether the OP and the alleged father of her unborn child are or were living together or whether they engaged in "habitual carnal intercourse."  As far as I can tell from some google searches, adultery may have a significant impact in a divorce but probably isn't ever prosecuted as a crime.


  5. 1 hour ago, Joe B said:

    I have sent a email to my local city manager to complain about a neighbors uncut grass , which was well above city limits

     

    Your locality has a law that purports to limit the length of grass?  Yikes.

     

     

    1 hour ago, Joe B said:

    Do government agencies have the right to forward private messages and email to private citizens without their consent ?

     

    The premise of this question is faulty.  Your email was not a "private message."  Anything you send to a public official in his/her official capacity is absolutely not a "private" communication.


  6. 37 minutes ago, GoatSC said:

    I have been married for 20 years but I have been living separately from my husband for about 1 1/2 years. I recently found out that I am pregnant by another man and would like to proceed with a divorce ASAP! What do I need to do besides retain an attorney?

     

    Nothing.

     

     

    38 minutes ago, GoatSC said:

    I don’t want my husband to be responsible for this child that I am pregnant with in any way but from what research I’ve done, in SC this child is basically considered his until proven otherwise! What do I need to do 1st to get the ball rolling bc this pregnancy will soon become obvious to all involved!

     

    In every state in the U.S., there is a presumption that a child born to a married woman is a child of the marriage (i.e., that the woman's husband is the father).  This is a silly presumption because the existence of a marriage at the time of birth has little or nothing to do with who the father is.  As a result, in some states, it matters whether the woman was married at the time of conception, not birth.  Likewise, in some states, the presumption doesn't apply unless the mother and her husband were cohabitating at the time of conception.  I don't know the specifics of South Carolina law on this subject, so this is something you should discuss with your attorney when you retain one for the divorce.  If, under the applicable law, your husband is presumed to be the child's father, there won't be anything you can do about that until after the child is born and a paternity test can be done.

     

    Fortunately for you, South Carolina (unlike its neighbor to the north) no longer allows lawsuits for alienation of affection.  However, your husband may still try to use your adultery to gain an advantage in the divorce.


  7. 13 hours ago, OCJoeR said:

    real estate has become what used car dealers used to be.

     

    Nothing has changed.  This is how real estate transactions have worked for decades.

     

     

    10 hours ago, Ella Besanth said:

    The listing of a house in CA cannot be considered an offer because the owner of the house might not sell the house.

     

    You've got this backwards.  The seller has the ability to change his/her mind about selling because the listing is not an offer.  It certainly could be that a listing could be considered to be an offer and, if that were the case, then the seller would not have the ability to change his/her mind without consequence.


  8. 12 hours ago, Stephen said:

    Is that photo a really strong evidence for a domestic violence charge?

     

    The strength of any given piece of evidence is for a jury to decide.

     

     

    12 hours ago, Stephen said:

    Is the face that "it happened 1 year ago" more likely to be interpreted as a long-term abuse or an insufficient evidence because it's been a long time and I was just threatened and not actually injured?

     

    Not really sure what you're asking, but evidence of a crime committed in June 2018 is likely not relevant to an alleged crime committed in June 2019.

     

     

    12 hours ago, Stephen said:

    If I don't go to the court, the police won't have a personal certificate, and the photo may be their only proof besides my previous words.

     

    First of all, if you're subpoenaed and don't show up to testify, you'll be arrested and hauled into court.  Second, I have no idea what you mean by "a personal certificate."

     

     

    12 hours ago, Stephen said:

    If it's possible, should I try to contact the attorney and tell him the existence of the photo to help him prepare a response?

     

    You're free to contact your psycho girlfriend's attorney and tell him or her whatever you want.

     

     

    12 hours ago, Stephen said:

    Should I recant?

     

    No.  Think about it.  What happens the next time this whack job tries to kill you?  You call the police and they show up and just dismiss you because you lied this time.  Then you get killed.

     

     

    12 hours ago, Stephen said:

    Should I go to the court?

     

    If you are subpoenaed to testify, yes.

     

     

    12 hours ago, Stephen said:

    Any help would be appreciated.

     

    Dump the psycho bitch and move on with your life.


  9. 5 hours ago, LegalOne said:

    My wife has been in the states for 12 years and understands some basic English.

     

    After 12 years, I'd hope she'd understand far more than "some basic English."

     

     

    5 hours ago, LegalOne said:

    wondering since this was a legal document that he signed for my wife if he is legally breaking the law

     

    I'm not sure what you mean by "a legal document."  Since you don't really know what happened, this is all speculative, but I assume you know that forgery is a crime.

     

     

    5 hours ago, LegalOne said:

    can the police be called on him

     

    You can report anything you like to the police.

     

     

    5 hours ago, LegalOne said:

    what other recourse I can take?

     

    If your wife signed up for a credit card and doesn't want it, she can cancel it.  As you indicated you intend to do, you (or she) can complain to the store management.


  10. 4 hours ago, FormerLegalSecy said:

    pg1067, not the answer I really wanted to hear, but I am coming to get the picture.

     

    One additional thought:  You could, in theory, seek a conseratorship, which, if granted, would allow you to override your mother's decisions.  However, your original post seems to imply that you're not in the same state as your mother.  If that's true, then you'd be potentially looking at paying professionals to act in your stead (or moving yourself), which could be prohibitively expensive.  If that's something you want to pursue, consult with a local attorney in your mother's area of residence who handles elder law matters.


  11. On 6/22/2019 at 5:03 PM, OCJoeR said:

    This seems to fly in the face of all other retail sales laws.

     

    It does?  Please cite a few of these laws so we can look them up.

     

    Also, I wonder why you used the word "other" in this sentence?  Laws relating to the sale of real property are not "retail sales laws," and your attempt to analogize laws relating to the sale of real property to "retail sales laws" is more than a little off point.  You're also overlooking that contracts for the sale of real property have numerous material terms other than the price.

     

     

    On 6/22/2019 at 5:03 PM, OCJoeR said:

    Is there some California statute that states that a property listed for sale by a seller at a specific price is not an offer to sell said property?

     

    No, but there doesn't have to be.  It is well established that advertisements are merely solicitations of offers.


  12. On 6/22/2019 at 7:57 PM, libragirl71 said:

    You state”assuming that bio dad(s) have clean records or if they are registered sex offenders”. Those are both mute points because as long as their crime a) was not an extremely violent or extreme drug related crime that makes them not have a clean record and that might make them a danger to the child(ren). Or b) in being a registered sex offender their offense was not against a child and they have not been ordered to not be around children then usually no judge unless they are being biased(which is against the law)will not allow a parent to have custody of their child(ren).

     

    This thread is 4 1/2 years old.  I suspect the issue has long since resolved itself.


  13. On 6/21/2019 at 6:19 PM, FormerLegalSecy said:

    As the eldest child with her Health Care Power of Attorney in the event that she is incapacitated, do I have any standing to say, "No, I am opposed to this at this time. Don't do it."

     

    You can say whatever you like to whomever you like.  However, having a power of attorney ("POA") doesn't necessarily mean you get to override her own decisions, and medical POAs typically don't become effective until and unless the principal is unable to make her own medical decisions.  That said, you certainly can voice your concerns to your mother's doctor.

     

     

    On 6/21/2019 at 6:19 PM, FormerLegalSecy said:

    The thing I'm worried about is that she is (and always has been) such an expert at being charming and manipulative -- I'm afraid she'll charm or manipulate some doctor or another into going along with it and giving her the death drug before I can do anything to prevent it.

     

    QUESTION 2: What can I actually do, if anything, to prevent this from happening?

     

    Realistically, nothing.


  14. Let me make sure I understand the facts.

     

    For starters, in what state is the property located?

     

    Your son bought the property using money you gave or loaned him (which was it?) before he got married.  Correct?  How much did you give/loan to him?  When did he purchase the property (month and year)?  I assume that the money you gave/loaned your son was used for the down payment.  Correct?  Did he also take out a mortgage (or did you give/loan him the full purchase price)?  If the money you sent to your son was a loan, was there a written loan agreement and/or did you receive a mortgage?  When did he get married?

     

    Did your son have a will?  If so, does it provide for anything other than the entire estate going to his wife?  Did your son have any minor children?

     

     

    16 minutes ago, bernieglen said:

    Can I take his wife to court?

     

    Sure you can.  Anyone can sue anyone for anything.  But what basis do you think you have to sue your son's wife?  Your post has two rather distinct subjects.  You started off by talking about the house, but then you started talking about personal belongings that you apparently had at your son's house.  Why did you have personal belongings at your son's house?

     

    If you answer my questions, I and others can offer you further insight.


  15. 1 hour ago, mom.g said:

    What if it is the other way around?

     

    Huh?  Not sure what this question means.

     

     

    1 hour ago, mom.g said:

    If they remove my child, can I sue them to pay?

     

    Anyone can sue anyone for anything, but perhaps this following answers the question you likely intended to ask:  "After registering, no portion of the outstanding fees will be refunded or cancelled, in whole or in part, in case of absence, withdrawal, suspension, divorce, separation, expulsion or departure from school due to job relocation."

     

     

    1 hour ago, mom.g said:

    They removed my child on the basis of a "failure to adapt" policy which is nowhere to be found in the contract.

     

    Sounds like an "expulsion" to me.


  16. From your other thread:

     

    "I have lived in home for 10 yrs. It has a separate garage. this winter the roof of the garage caved in and it is useless now. I have had to move all the boxes I stored in there into my dining room. I also, can no longer keep my motorcycle in there and have to pay to store it. Can I get back a portion of the rent I have paid  for the loss of the garage and dining room. IT is not in the same CONDITION THAT I AGREED TO PAY 700.00 FOR"

     

    Unlikely.  Why didn't you move out immediately after this happened and the landlord didn't make the repairs?


  17. "[W]ithhold[ing] rent to force repairs" makes no sense.  Even where it is permissible to withhold rent, the purpose of doing so is for the tenant to take the money and have the repairs done him/herself.  In other words, you'd need to pay to repair the issues you identified and then deduct the amounts you paid from the rent.

     

    In any event, the far better solution almost certainly is for you to give notice and move.


  18. 1 hour ago, Rozie2005 said:

    This is what I’ve heard from 5 lawyers - 

    1) He told me to forget divorcing. I will not get anything.

     

    There's nothing you've posted that makes me think this is correct.

     

    Virginia has both no-fault and fault based grounds for divorce.  For a no-fault divorce you need to be separated for a year or more (unless you have entered into a property settlement or separation agreement).  You can get a divorce based on adultery, but it will be more costly and difficult.

     

    Not sure if there's more to tell you beyond what I've already written, but one of the regulars here ( @RetiredinVA ) is or was a Virginia lawyer, so perhaps he/she will have something to add.


  19. 50 minutes ago, nickec said:

    Can I seek injunctive or other relief?

     

    Of course you can seek it.  You also can seek the Holy Grail, Cibola, the Loch Ness Monster and the Fountain of Youth.  If your question is whether you're legally entitled to injunctive or other relief, your post provides no information from which anyone could form an informed opinion.

     

    You didn't tell us anything about this deferral agreement with the County Treasurer.  Nor did you tell us why the city incarcerated, for how long you were incarcerated or why you believe the incarceration was wrongful.

     

     

    52 minutes ago, nickec said:

    This seems to be a case like the one the US Supreme Court recently ruled on where excessive fines were found to be unconstitutional.

     

    Based on your description, I see no connection, but I'll reserve judgment until you provide clearer facts.

     

    As for the rest of your post, I don't see what a case your brother was involved in or your educational background have to do with your situation.


  20. 1 hour ago, Rozie2005 said:

    we own a house I’m living in now.

     

    Located in what state?

     

     

    1 hour ago, Rozie2005 said:

    He went to RI for a job and then proceeded to harass me about a divorce (I was caring for my dying Mom).  I’ve taken many workshops about divorce,

     

    Has either of you actually filed for divorce?  If so, was that done in RI or in your state of residence?

     

     

    1 hour ago, Rozie2005 said:

    He has backed out of divorcing, because of the money

     

    If either of you wants a divorce, the other cannot prevent it.

     

     

    1 hour ago, Rozie2005 said:

    Can I file now

     

    You can file anytime you like.  Keep in mind that, since you didn't identify your state, we cannot comment on filing requirements in that state.

     

     

    1 hour ago, Rozie2005 said:

    Can I . . . take money out for me to live on

     

    If it's a joint account or other account to which you legally have access, you can.

     

     

    1 hour ago, Rozie2005 said:

    Can I . . . freeze the bank accounts

     

    Not really sure what you mean by this.

     

     

    1 hour ago, Rozie2005 said:

    How hard do you think this will hit me, in terms of spousal support?

     

    Not sure what this question means either but, while you didn't identify your state, I have a hard time believing you would not be entitled to permanent alimony/spousal support under the laws of every state.  Of course, nothing in your post provides any information that could be used to speculate about how much a court might award.

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