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pg1067

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Posts posted by pg1067


  1. 7 hours ago, LegalBeagle said:

    Does a statutory beneficiary to a will have a right in New York State to know the contents of the will and associated trust?

     

    For starters, you're going to have to explain what you mean by "statutory beneficiary to a will."  The intestate law governs who gets what when there is no will, but a beneficiary of a will is not "statutory" in any way.

     

    Beyond that, it is generally the case that anyone mentioned in a will has a right to a copy.  Moreover, if the will is probated, it will be part of the public case file.

     

    As far as any "associated trust," you're going to have to explain what you mean by that as well.

     

     

    2 hours ago, knort4 said:

    New York law is notoriously not favorable to beneficiaries looking for/requesting a copy of the trust.

     

    Which specific law(s) are you talking about?

     

     

    4 hours ago, LegalBeagle said:

    Does a trustee have the power to "specify that no one can have access to the trust document." or is it the Settlor of the trust that can so specify and not an appointed trustee that has such authority?

     

    The settlor can specify that, but the specific facts matter a lot.  The trustee can restrict access to only those persons required by law to have access.


  2. On 8/17/2019 at 8:02 PM, zt1621 said:

    she came home while that is going on.

     

    I assume this means she moved back in with you.

     

     

    On 8/17/2019 at 8:02 PM, zt1621 said:

    Is it wrong of me or illegal to search it?

     

    I'm not sure what "wrong" means beyond "illegal," and it's not illegal.

     

     

    On 8/17/2019 at 8:02 PM, zt1621 said:

    I check the card on google pay to see if its active

     

    What card?


  3. I agree with the prior response, but only to a point.

     

    First, whether there was any disclosure obligation with something like this depends on the applicable state law.  Unfortunately, you chose to ignore the pull-down menu that allows you to identify your state.

     

    Second, if seller or seller's agent made a misrepresentation, that could be actionable.  However, it does not appear that you spoke with the seller.  Rather, you spoke with your agent, who obviously wouldn't know anything, and the seller's agent, but you didn't describe anything that the seller's agent told you, so it doesn't appear that any actionable representation was made.


  4. On 8/17/2019 at 5:38 PM, Lex said:

    I . . . can’t afford confrontation.

     

    What does this mean?

     

     

    On 8/17/2019 at 5:38 PM, Lex said:

    Can I legally just put them out?

     

    That depends on what you mean by "just put them out."

     

    You're the landlord.  You'll have to evict them by following the applicable law.

     

     

    On 8/17/2019 at 5:38 PM, Lex said:

    I live in Virginia, can I use the tenant at sufferance law?

     

    Not sure what law you're talking about, but "tenant at sufferance" simply describes the type of tenants you have.


  5. On 8/16/2019 at 5:55 PM, Dave DLC said:

    Can i hold them to the original estimate?

     

    Not sure what you have in mind.  Putting aside the fact that holding someone to an estimate removes all meaning from the word "estimate," you certainly can refuse to pay for more work, but it seems unlikely that the repair shop will do more work without more money.  That means your options are as follows:  (1) pay nothing more and keep the car as it is; (2) pay the additional money and get the problem fixed; or (3) pay a different repair shop to fix the problem and sue the first shop for additional cost above the original estimate.  Whether you might succeed with such a lawsuit depends on the laws of your unidentified state and the terms of the original estimate.

     

    Keep in mind that, if the original estimate to do A, B and C was $X, and if it is necessary to do A, B, C and D to fix the problem, then the only issue here is that the repair shop failed to notice that D also needed to be done.  If fixing D costs $500, then all that means is that you're original estimate should have been $X + 500 to do A, B, C and D (instead of $X to do A, B and C).  If that's right, then you didn't get ripped off at all.


  6. For starters, I suppose we're supposed to infer that you are the court-appointed executor or administrator of a decedent's estate.  Correct?  Regardless of your answer, I'm assuming you have not retained the services of an attorney.  Correct?  If that's correct, why haven't you retained counsel?  What is the approximate size of the estate?

     

     

    On 8/16/2019 at 5:27 PM, OverwhelmedinAZ said:

    Am I required to pay the creditors and do I have to wait longer or set aside money for medical bills?

     

    Generally speaking, if all known creditors have been given notification regarding the estate and appropriate notice has been published as required by law, all claims not filed within the claims period get disallowed.  However, so you want to risk getting it wrong, in which case you could become personally liable for estate debt?  Assuming you don't want to take that risk, you should retain the services of a local probate attorney.


  7. 1 hour ago, Michael B said:

    Sorry guys, I thought that this was a serious board with serious answers.

     

    It is.  My answers were dead serious.  I did not answer the first question you asked and explained why, and I directly answered the second question and also the implied question.

     

    Please explain why you thought my responses were not serious.  If you think my answers were erroneous or didn't take something into account, please explain and I'll try to provide further explanation.


  8. 6 hours ago, JulieO said:

    Her baby’s father lives out of state and they’ve never been married

     

    Has the alleged father's paternity been established?  If so, how was it established?  Note that "his name is on the birth certificate" does not answer this question.

     

     

    6 hours ago, JulieO said:

    Any opinions are welcome.

     

    Opinions about what?  You claim your friend is straight; the father says otherwise.  We have no means of determining which of you is correct.  You told us she's "absolutely terrified."  From the outside looking in, that suggests maybe she's not as "clean and sober" as you assert.  In any event, in legal cases, there are no guarantees, so your assertion that "she has nothing to worry about" is way off the mark.  The best thing anyone here can say is that the father will have to do more than make accusations.  He'll have to back up those accusations with actual evidence.

     

     

    37 minutes ago, RetiredinVA said:

    Your friend should petition for child support immediately.

     

    I agree.  However, a child support petition will require that the mother prove paternity, which might not be in her interests at the moment, so she might want to wait until this custody fight is done (or until the alleged father has established paternity) before doing this.

     

     

    39 minutes ago, RetiredinVA said:

    Juvenile courts are constructed to be easier to deal with than other courts

     

    I don't completely disagree with this, but this is a family court matter, not a juvenile court matter.


  9. 14 hours ago, Brian777 said:

    Is it possible to get eviction expunged (CALIFORNIA)?

     

    An eviction is an event, so it's not something that's even susceptible of being "expunged."  If you're asking about sealing the court's file relating to an unlawful detainer case, that can theoretically be done, but some extraordinarily out of the ordinary circumstances would be needed.

     

     

    14 hours ago, Brian777 said:

    If I pay everything in full, is there a way that the Court could *order* it expunged from my record so it doesn't show on my credit report?

     

    I'm curious what distinction you appear to be drawing between "my record" and "my credit report."  In any event, the reason mentioned would not even come close to justifying sealing the court file.  You also need to keep in mind that, even if the case file were sealed, there would still be a public record of the case.  However, just because a UD case was filed and judgment was entered against you don't not mean it will show up on your credit reports or any other sort of "record."  The only way it will turn up on a credit report is if the landlord reports the judgment to one or more of the credit reporting agencies.  You likely can prevent that by paying what's owed in full ASAP.  You could even, if the landlord is willing, obtain an enforceable agreement not to report the judgment to the CRAs.  Of critical importance in this regard is that you resolve things with the landlord before the landlord records an abstract of judgment with the county recorder.  Once that happens, then it's entirely possible that the CRAs will learn about the judgment independent of the landlord.

     

     

    14 hours ago, Brian777 said:

    what motion would I have to make or petition would I file?

     

    You'd make a motion to seal the case file.  However, as noted above, it's not going to happen absent extreme facts.

     

     

    14 hours ago, Brian777 said:

    I'm researching and came across CCP 473(b) Motion to Vacate...would this be a viable option for me?

     

    No.  I'm guessing you didn't actually read CCP 473(b).  Had you done so, you'd know it's of no relevance to your situation.  It applies when "a judgment, dismissal, order, or other proceeding [is] taken against" a party as a result of "his or her mistake, inadvertence, surprise, or excusable neglect."  For example, if the court entered a default judgment against you because missed a court date because your alarm didn't go off because of a power outage, the court could vacate the default judgment and you'd be given an opportunity to defend yourself.


  10. 3 hours ago, Stradog said:

    Now my questions are shouldn't that house actually have been placed in the probate?

     

    No way to know without knowing how the title to the house was held.

     

     

    3 hours ago, Stradog said:

    I was intentionally kept out of the loop   for the probate and the reading of the will so I have no idea what was in either document.

     

    I'm not sure what you mean by "either document."  The will and what else?  Also, the "reading of the will" is something that happens in movies and TV shows, but it rarely happens in the real world.  At any point did you make any effort to obtain documents relating to the probate from the court?

     

     

    3 hours ago, Stradog said:

    since I had been making the house payments, the money from that insurance  refund check in my dad's name should be mine because the judge already signed off on the probate is what I understand?

     

    Despite your use of a question mark, this sentence isn't a question.  Also, the fact that you had been making the mortgage payments does not, without more, entitle you to anything from the foreclosure sale.

     

    Beyond that, I'm sure there are hundreds or thousands of "probate for dummies" type articles on the internet, but if you want some clarity regarding your father's estate, you should consult with a local attorney who can review the relevant documents and provide advice based on the unique facts of the case.


  11. 36 minutes ago, D L R said:

    I put Mississippi when it asks you to in the beginning... I didn't know I needed to put it again in the question.

     

    You shouldn't have had to, but the tag apparently didn't take for reasons beyond my pay grade.

     

     

    36 minutes ago, D L R said:

    so are you saying that she was a tenant because she lived here?

     

    Under the circumstances described, yes.  That status is, however, largely moot since she moved out.

     

     

    36 minutes ago, D L R said:

    when she left I didn't know where she was or went to send a letter to.. is there another way to inform her?

     

    The subject header of your post refers to her as an "in law," so I would assume someone in the family has an address.  Beyond that, I have no idea how you might contact her.

     

    Here's a link to what I assume is the relevant body of law in Mississippi.


  12. 14 minutes ago, D L R said:

    in May of this year she was told she had to move out... She was officially told through text message.

     

    I'm curious why you think that delivering the message by text message somehow makes it "official."

     

     

    15 minutes ago, D L R said:

    July 3rd she was told to come get her stuff from my house.. she never came got her stuff

     

    I assume this means that this person actually did move out.  Correct?

     

     

    16 minutes ago, D L R said:

    can we (husband and I) put her stuff out?

     

    I'm sure you can, but I'm not sure exactly what "put her stuff out" might mean, and in any event, I doubt that's really what you intended to ask.  If you want to dispose of your former tenant's property without fear of being held liable for its value, you'll need to follow the abandoned property laws of your unidentified state.  Typically, that means written notice sent by mail -- better yet, something like Fedex so you can prove it was actually delivered -- that gives a set period of time for the owner of the property to retrieve the property.  Thirty days is typical.


  13. Not sure what sort of "help" you're seeking from anonymous strangers on the internet (or what your question is, if you have one), but it seems like your mother shouldn't be living alone.

     

     

    1 hour ago, ElleMD said:

    Power of attorney is not the be all, end all. It depends what on the scope of the POA. A POA also is not a substitute for a person of sound mind's own judgement and wishes. If your mother is capable of making her own medical decisions, no doctor is going to violate her wishes simply because her son wishes she chose a different option.

     

    Absolutely agree.  A POA is nothing more than an authorization by one person (the "principal") for another person (the "attorney-in-fact" or "agent") to deal with third parties on the principal's behalf.  Two of the many important things to understand about POAs are (1) no third party is required to deal with the agent; and (2) that the principal has given a POA does not mean the principal cannot deal with the third parties herself.

     

    If you think your mother isn't competent to care for herself, then you might look into an adult guardianship or conservatorship (not sure which term is used in FL).


  14. 1 hour ago, lambert's said:

    I had visited a hearing aide store around the corner from my office and inquired the pricing of the hearing aides.

     

    This doesn't appear to have anything to do with the subject of this year-old thread.  I also don't see a question in your very long post.  I suggest you start a new thread and be sure to ask whatever questions you have.

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