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pg1067

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Posts posted by pg1067


  1. 1 hour ago, Very confused said:

    i have a problem my cousin killed himself in a jail i am suing them for wrongful death. They should have had him on suicide watch but anyway.

     

    I assume "they" and "them" refer to the county sheriff who was in charge of the jail.  Correct?  Are you the court appointed personal representative of your cousin's estate?

     

     

    1 hour ago, Very confused said:

    How is it that he would get anything out of the suit if its won.

     

    Did your cousin have a will?  Was your cousin married at the time of his death?  Did your cousin have any issue (i.e., children, grandchildren, etc.)?  If the answer to all of these questions, then your cousin's father is the sole heir to the estate and, as a result, is entitled to the entire estate.  Of course, if the answer to any of those questions is yes, then that changes things significantly.

     

     

    2 hours ago, Very confused said:

    He was just a sperm donor. A pos sperm donor.

     

    You can call him all the names you like (and I'm assuming you don't literally mean that the guy was a sperm donor), but that doesn't change his status as your cousin's father, and the law does not make entitlement to inheritance dependent on the subjective quality of the heir's relationship with the deceased.


  2. 1 minute ago, hardworkwillwin said:

    It's defaming daily.

     

    Truth cannot be defamatory and, as I wrote previously, the fact that the conviction was reversed doesn't mean that everything leading up to that didn't happen.  You were accused of whatever it was, and you were convicted.  Your conviction was then reversed.  All that's true.

     

     

    2 minutes ago, hardworkwillwin said:

    Yes it happened but never should have.

     

    Lots of things "never should have" happened, but that doesn't mean the world should pretend they didn't happen.

     

     

    3 minutes ago, hardworkwillwin said:

    They should be held accountable and do what we want.

     

    Who are "they" and "we"?  A company that operates an internet search engine should not be prohibited from returning search results that contain factually accurate information.

     

     

    4 minutes ago, hardworkwillwin said:

    They are defaming me.

     

    No one is defaming you.

     

     

    5 minutes ago, hardworkwillwin said:

    Yes they didn't write it but because I was exonerated meaning it never happened they should do what there asked to do.

     

    You're entitled to that opinion, but you're very much in the minority and, as long as the First Amendment exists, what you want isn't going to happen.  Also, the reversal of your conviction does not mean you were "exonerated."  The reversal of your conviction simply negates the original guilty verdict.  It doesn't mean you didn't actually do the crime.


  3. 3 hours ago, pinky12 said:

    What state do we need to focus on

     

    Her estate should be probated in her state of residence (assuming probate is necessary under that state's laws).

     

     

    3 hours ago, pinky12 said:

    can you offer suggestions on what to ask as we interview for  an attorney?

     

    The best initial meetings between a lawyer and client involve the lawyer asking the potential client questions, not the other way around.  That said, ask whatever questions you want answered.

     

     

    3 hours ago, pinky12 said:

    Topics that come to mind are retainer fee, hourly rate, whether firm has paralegal and/or fiduciary accountants on board (and their fees).

     

    Obviously, fees should be a topic of discussion.  FYI, probate attorneys typically get a paid a percentage of the estate's value rather than on an hourly basis.

     

     

    3 hours ago, pinky12 said:

    Could you provide us with any other helpful tips when looking for representation?

     

    Ask a lawyer if he/she will give you contact information for a couple former clients whom you could call to get feedback about the lawyer.  In my opinion, however, a lawyer should never do that unless a client has consented in advance to such contact, so it may be difficult to make this happen.


  4. I'm not sure what "this stuff" and "this information" refer to, but Google is but a search engine that searches and provides links to various web sites, and there's nothing illegal or improper about posting truthful information about what happened to you.  That your conviction was reversed does not mean everything that led up to it magically disappears.  Your case resulted in a published opinion of the California Court of Appeal.  That's forever.


  5. 7 hours ago, livetosmile143 said:

    is a detective allowed to share information about an ongoing investigation to anyone who is not a law enforcement official?

     

    Yes, and they routinely do exactly that.  Keep in mind, however, that this is an incredibly broad question.

     

     

    7 hours ago, livetosmile143 said:

    lets say a detective shares info with "tom", an  individual who pressed charges on "jon" and "jon" is being investigated for another crime as well. can the detectives share information and evidence with "tom" about the other crime "jon" is being investigated for?

     

    Yes.

     

     

    7 hours ago, livetosmile143 said:

    isnt there some kind of unlawful wrong happening here?

     

    Based only on the incredibly limited and general facts in your post, no.


  6. 51 minutes ago, Tig16 said:

    the GDPR issue for UK citizens anywhere in the world

     

    I have no idea what that means, and your follow up post only appears to provide the most minimal of new information.  As previously noted, absent some reason to believe otherwise, your divorce decree is a matter of public record and, therefore, there is no privacy interest in it.


  7. 1 hour ago, pookyloo said:

    The lease states:  You must not allow utilities (other than cable or internet) to be cut off or switched for any reason - including disconnection for not paying your bills, until the lease term or renewal period ends.

     

    Is that an actual quote?  If so, is this language followed by the language you put in quotation marks in your original post?  Just FYI, your use of a contraction ("you'll") makes me think you might be summarizing rather than quoting.

     

    While I'm still curious why the landlord cares about this, the only question is how much you're on the hook for.  Based solely on what you put in your original post, I think you have the better argument -- i.e., that the more appropriate charge is $110, not $160.


  8. 9 minutes ago, pookyloo said:

    My apartment lease requires me to keep the utilities on

     

    Can you quote the provision in the lease that imposes this requirement?  Have you asked your landlord why he/she/it cares about you having a utility on that you aren't using?  In what state is your residence located?

     

     

    10 minutes ago, pookyloo said:

    I received my monthly rent statement and they are charging me $160 for disconnecting.

     

    Who are "they"?  If "they" refers to your landlord, why would your landlord know that you had turned off the gas?

     

     

    12 minutes ago, pookyloo said:

    If I’m reading the lease correctly there should have only been one violation fee, regardless of the amount of time it’s been off.

    I’m going to speak to the manager and explain my financial situation and see if we can work this out, but I’d like to know if I’m interpreting the lease correctly.

     

    Depends on what "per violation" means.  I tend to agree that your interpretation that your act of turning off the gas was only a single "violation" makes sense, but interpreting it to mean that a new "violation" occurs each month that the service is off is not completely unreasonable.


  9. 15 hours ago, Wren said:

    if there is not enough money in the estate to pay all outstanding debt of the deceased is anyone responsible for what remains?

     

    Generally, no.

     

     

    15 hours ago, Wren said:

    I have been told by my lawyer that I, the decedents daughter and estate executrix will be responsible for any debt left after the estate account is empty.

     

    Ok....and?  After your lawyer told you this, did you ask him/her why that is the case and did he/she explain it in a way that makes sense to you?


  10. 21 hours ago, rhondapink1 said:

    If I lived with a married man for 18 years and he has passed do I  have a legal right to anything.

     

     

    This is a six month old thread that has nothing whatsoever to do with the topic of your post.  Please start your own thread under the correct category.


  11. On 6/15/2019 at 5:09 PM, potdropandrole said:

    Originally he threatened the Job of anyone who parked in the public parking lot but I think after some thought he realized how much money he would loose in a lawsuit if he actually ever fired anyone for it.

     

    I have to wonder where a 17 year old acquired so much legal knowledge that he/she feels competent to opine that such a lawsuit would result in significant losses.

     

     

    On 6/15/2019 at 5:09 PM, potdropandrole said:

    Is any of this illegal?

     

    No.  It's all legal.

     

     

    On 6/15/2019 at 5:09 PM, potdropandrole said:

    Also would a lawsuit be worth it over this and how profitable could it be?

     

    Lawsuits are not designed to earn profits.  Where meritorious, lawsuits are designed to put the damaged person back in the same place he/she would have been but for the legal wrong.

     

     

    On 6/15/2019 at 6:21 PM, potdropandrole said:

    If he would of fired me for parking in a public parking lot could I do something?

     

    Yes, you could have sought a new job.


  12. 11 hours ago, foolish said:

    On appeal, how can I tell when a Court issues an order and the Clerk of the Court does?

     

    Clerks perform the ministerial task of mailing or electronically serving orders, but clerks do not otherwise issue orders.

     

     

    11 hours ago, foolish said:

    I understand the Clerk of the Court can dispense with certain procedural motions that are not dispositive.

     

    That depends on the laws of the state or jurisdiction where the case is pending.

     

     

    11 hours ago, foolish said:

    what throws me off is the wording of the orders like for example "per curiam" and "sua sponte", when these words are used in the order I get the impression its single judge or a panel of judges.

     

    Sua sponte (a Latin phrase that means spontaneously) refers to an order issued by a court without a request or motion by any party.  Per curiam (meaning by the court) refers to an order or decision issued by a multi-judge panel where the authorship of the opinion is not expressly attributed to any judge in particular.

     

     

    11 hours ago, foolish said:

    what throws me off is that it signed by the Clerk and not a judge on behalf of the other judges.

     

    You're concerning yourself with form over substance.

     

     

    11 hours ago, foolish said:

    Can the court issue the order and the Clerk sign it?

     

    You just wrote a sentence telling us that this happens, so you obviously already knew the answer to this question.


  13. FWIW, given that your daughter and her kids moved out of the other grandparents' home before the halfway point of this year, it would arguably be tax fraud for the grandparents to claim the kids as dependents.

     

    As far as prior years, it's probably water under the bridge as far as your daughter's kids, but I'm wondering how your daughter's boyfriend handled his own tax returns (he obviously could not file jointly with your daughter).  Did he not take an exemption for himself on the basis that someone else (his parents) could claim him?  For that matter, did your daughter do that for herself?  It's one thing for your daughter to allow the boyfriend's grandparents to take the deductions for the kids, but for herself as well?

     

    There are two bases on which an adult can be claimed as a dependent by another adult:  (1) qualifying child; and (2) qualifying relative.  To be a "qualifying child," among other things, the son would have had to have been under 19 years old or under 24 and a full-time student (or "permanently and totally disabled").  Did your daughter's boyfriend meet this qualification for any year?  Your daughter cannot have been her boyfriend's parents' "qualifying child."  To be a "qualifying relative," it's not actually necessary to be a relative if the person lives with you all year.  However, for 2018, a person could not have been a "qualifying relative" unless that person had $4,150 or less in gross income for year.  Did either your daughter or her boyfriend have less than that minimal level of income?

     

    If I were your daughter, I might think hard about consulting with a tax lawyer or tax accountant about submitting amended returns for prior years.

     

    P.S.  Hopefully I got all the above correct, and I'm sure "Tax_Counsel" will correct me if I didn't.


  14. 11 hours ago, MommyZen said:

    What can I do in these circumstances?

     

    I'm sure you can do lots of things.  Since you only described "these circumstances" in the most vague of terms, I'm not sure what you think anonymous strangers on the internet can do for you.

     

    Seems like you have more need for emotional support than answers to legal questions (especially since you have a lawyer).


  15. They can't control how the boyfriend's parents complete their tax returns.

     

    If, under the applicable IRS regulation, your daughter is entitled to claim her children as dependents, then she should do so on her returns.  If the father's parents also claim the children, then the IRS and the state taxing authority will investigate.

     

    By the way, is the boyfriend the children's father and, if so, has his paternity ever been established?


  16. 3 hours ago, RetiredinVA said:

    You did not identify the state where this occurred.

     

    The post is tagged as related to Kansas.

     

     

    3 hours ago, chatmonmom said:

    beyond the fact that they just didn't answer those questions, the fact that they didn't disclose this information really bothers me. Is that even legal?

     

    I haven't googled what the Kansas residential real estate disclosure law requires.  However, you told us that the seller gave you written disclosures and "skipped over the questions asking about flooding."  Assuming that, like most states, Kansas has a required disclosure form, this makes me believe that some disclosure regarding flooding was required.  As indicated in my prior response, the problem with this is that I assume you received the written disclosures before closing on the sale.  If that's right, then you could and should have noticed that the seller "skipped over the questions asking about flooding" and should have insisted that the seller answer those questions.  Because you knew or should have known that the seller didn't make this required disclosure but proceeded to close anyway, that may preclude any action by you against the seller for failing to disclose flood issues.  Again, you need to consult with a local real estate attorney about this.

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