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pg1067

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Posts posted by pg1067


  1. 59 minutes ago, foolish said:

    I have jurisdictional question.  A court of appeals affirmed a lowers decision recently I believe favorably to me under the circumstances.

     

    What state (or federal system in what state)?

     

     

    59 minutes ago, foolish said:

    I filed a notice that I will be seeking certiorari to the SCOTUS and that mandate issue.

     

    Huh?  If the appellate court's decision is favorable to you, why would you seek to appeal to SCOTUS?  Also, what do the last four words of this sentence mean?  The process for seeking certiorari is to file a petition for a writ of certiorari.  You don't file a notice that you intend to do that, and unless there's some oddball state process involved, you wouldn't also seek a writ of mandate.

     

     

    1 hour ago, foolish said:

    My question is do i have to wait for the mandate order to issue or can I refile an identical or similar complaint with the same court before mandate issues, so I won't waste any valuable time?

     

    Without context, this question makes virtually no sense.  What mandate are you talking about?  Why would you "refile an identical or similar complaint" -- with any court, much less the same court (same court as what)?


  2. 21 minutes ago, Asheben92 said:

    Someone told me that the monthly amount goes on a prepaid card from the government and then hed make payments back to them. Yes I know that isn't true at all lol.

     

    Anything like that would depend on the laws of your particular state, which you didn't identify.  That said, I don't know any state where the state will pay child support if the payor parent doesn't pay.  However, you can request assistance from the state or local child support enforcement authority and, if you request and receive public aid for your child, then the agency that provides that aid will seek to collect from the father.


  3.  

    7 minutes ago, spectrometer33 said:

    Where do we file?

     

    At the moment, the only place you can properly file is in Maryland because that's where you both live.  That one or both of you "plan" to move elsewhere at some undetermined point in the future doesn't change that.  If you want to wait until one or both of you moves and establishes residence in another state, then you can file somewhere else.  Keep in mind that, under Maryland law, a "no fault" divorce requires a minimum 12-month separation.  Delaware requires no such separation period, but one of you will have to live in DE for at least six months before filing, and it will take at least six months from the date of filing before the divorce can become final.  You can google "delaware divorce grounds" and "maryland divorce grounds" for more information.

     

     

    9 minutes ago, spectrometer33 said:

    We were married in Delaware.

     

    Doesn't matter where you were married.

     

     

    9 minutes ago, spectrometer33 said:

    do we require an attorney?

     

    We have no way of assessing either your or your husband's ability to handle a simple, uncontested divorce.


  4. 27 minutes ago, acoentus said:

    Do I need to get my own lawyer to defend myself (once I get a summons I assume?) or can I depend on my previous insurance company that the claim was filed against to really defend this?

     

    The insurance company whose policy was in effect at the time of the accident has a duty to provide an attorney to defend you.  The insurer also has a duty to settle within policy limits, if reasonably possible, and to take reasonable measures to prevent an excess judgment from being entered against you.  You said you got copied on this letter, so I assume the letter was sent to that insurer.  Nevertheless, you should contact the insurer to confirm that the letter is being given appropriate attention.

     

    I agree that you have little to worry about.


  5. 30 minutes ago, AlkiDiver said:

    Should I file a police report today. . . .  should I lawyer up and pay the fees and take my kids grandmother to court?

     

    Sure.  Why not?

     

    Or don't.

     

    Do the opinions of anonymous strangers on the internet who haven't seen any of the relevant documents really matter to you with respect to these things?

     

     

    30 minutes ago, AlkiDiver said:

    and have her and her co-conspirators interviewed today

     

    If you file a police report, whether the police choose to do anything in response is entirely up to them.  Don't be surprised if they tell you this is a matter that needs to be taken up in civil or probate court.


  6. 1 hour ago, emanter said:

    I am trying to verify a statement that a contractor made in regards to liability. I was told that if a piece of equipment had a damaged part and we remade the part instead of purchasing a replacement (part was no longer available) that the company and the technicians who did the work are assuming liability if another failure were to happen and an injury occurred.

     

    I'm not sure who "we" are, but it is certainly possible that, if a person or entity who makes a part for a piece of equipment and that part fails and causes injury, the person or entity who made the part could be held liable.  Of course, such person/entity might have liability anyway.  Obviously, it depends on the particular facts of what happens.

     

     

    1 hour ago, emanter said:

    any codes I can reference

     

    Obviously, "codes" vary from state to state, but this isn't the sort of thing that's going to be found in statutory law.  Unless you're a lawyer (which you likely aren't given that you asked the question), then "senior management" certainly isn't expecting you to cite legal authority.  All you need to do is point out that the issue exists and that it should be vetted with legal counsel and the company's insurance agent.


  7. 1 hour ago, Dewsieq said:

    Well as it looks He is very ill and not doing well but THEY are anyone who he owes debt to without my knowledge

     

    South Carolina is not a community property state, so the extent to which you might be liable for debts he incurred without your knowledge or consent will be extremely limited.

     

     

    On 8/24/2019 at 6:07 PM, Dewsieq said:

    He had debt for something this past year and they took 1,700. Tax return

     

    I'm not sure if this "they" is the same as the other "they."  In your follow up, you wrote that "the v.a [t]ook [your] income tax as payment for his v.a. bill."  I'm not sure what a "v.a. bill" might be, but the U.S. Veterans Administration would be able to garnish federal income tax refunds.  I do not believe that any creditor other than a federal agency or state spousal/child support enforcement agency can garnish federal tax refunds.  In any event, the way to make sure that future tax refunds are not taken is to file separate returns and/or make sure that your withholding from your paycheck is such that you don't end up with a refund.


  8. 8 hours ago, Asheben92 said:

    In the divorce agreement the judge court ordered my childs father to pay support but since hes unemployed what will happen?

     

    Ummm...not really sure how you expect us to know the answer to this question any better than you do.

     

     

    8 hours ago, Asheben92 said:

    Will the payments just keep adding up until he decides to get a job?

     

    If he doesn't pay, then yes (although getting a job is no guarantee that he'll pay voluntarily).


  9. On 8/24/2019 at 6:07 PM, Dewsieq said:

    can they take my motor home for his debt if he files bankruptcy or make me sell it?

     

    Who are "they"?

     

     

    On 8/24/2019 at 6:07 PM, Dewsieq said:

    How can I protect what I worked hard for?

     

    Among other things, consulting with a divorce attorney might be in order.


  10. Last time I had a fix-it ticket, I went to a local CHP office and got it signed off.  I then took what I got from the CHP to the court, and that was that.  Obviously, you should read what your tickets and the courtesy notices you receive say about this.


  11.  

    17 hours ago, Jessica said:

    If he is the father, does he have to pay back child support and can he give up all parental rights with no child support?

     

    No and no.

     

     

    16 hours ago, Jessica said:

    She doesn't want my husband involved in the child's life at all. she just wants him to give her money.

     

    That has nothing to do with anything.  If he is the father, whether or not to be "involved in the child's life at all" is entirely his choice.  Whether or not to provide financial support for a child he chose to create isn't.

     

    By the way, any chance that the mother's "first child's father" is her husband?


  12. 1 hour ago, Tarheeltim said:

    What can I sue for?

     

    Anyone can sue anyone for anything, but your landlord's decision not to renew your lease is not legally actionable (and, honestly, why would you want to live in a place owned by a landlord who took six months to repair a septic issue, whom you had to sue, and who doesn't want you as a tenant?).


  13. 58 minutes ago, No fault. said:

    does she have any claim given the divorce was no fault...her idea by the way?

     

    That your divorce was of the no-fault variety is irrelevant to this issue.  You told us that the divorce "was settled," so this should have been covered in the settlement agreement.  Was it?  If so, what does it say?  If not, why not?  Were you represented by counsel in connection with the settlement?  Was your wife represented?  Who drafted the settlement agreement?


  14. 1 hour ago, shonette said:

    I live in California .What is required by law from an employer to make available heath insurance coverage?

     

    As a general matter, no employer is required by law to provide health insurance coverage

     

     

    1 hour ago, shonette said:

    I have received no sick leave, holiday pay, no vacation benefits. I would like to know what i am untitled to from my employyer

     

    You're entitled to be paid a wage or salary that is at least $12 per hour (unless you're in one of the few cities that has a higher minimum wage).  You are not entitled to paid sick leave, holiday pay or paid vacation.

     

     

    1 hour ago, shonette said:

    One of my co workers gets these benefits. Holiday pay m paid vacations, sick leave and she works the same amount of hours I do. Is that legal to discriminate in that matter?

     

    What does "discriminate in that matter" mean?  No law requires that every employee be treated identically.  However, if your co-worker is being treated differently because of something like race/ethnicity, gender, religion, etc., then it might be illegal.  Do you have reason to believe something like that is happening?

     

    When you asked your boss about the possibility of getting these various benefits, what response did you get?


  15. At this point, I'm not quite sure what your ultimate goal in posting is, but it all seems to boil down to the joint account.  As you've described the situation, it's a pretty cut-and-dried thing.  It was a joint account, so your father became sole owner following his wife's debt, and whatever money was in that account at the time of your father's death now belongs to his estate.  Nothing (or virtually nothing) relating to Mr. McDonald's or the guardian is relevant to this.

     

    Let us know if there's more that you'd like to discuss.


  16. Please don't use oddball fonts/styles.

     

     

    2 hours ago, Cyndi G. said:

    I read about the 4th amendment right and it states that she had to have a warrant to search my purse.

     

    I'm not sure what "it" refers to in this sentence or what you might have read.  However, as a general proposition, this is not correct.

     

    Beyond that, the only question in your post was an obvious rhetorical question, so I'm not really sure what the purpose of your post is.


  17. 1 hour ago, Brynderwyn said:

    (How) can I dispute a claim from rental car company after flood damage?

     

    . . .

     

    What are standard procedures to dispute such a claim?

     

    I'm not sure I entirely understand these questions.  Your use of parentheses in the first question suggests you're asking two separate questions:  (1) can you dispute; and (2) if so, how?  Obviously, anyone can dispute anything (as evidenced by the fact that some people honestly don't believe that the Earth is (roughly) spherical).  How do you dispute it?  By any means of communication available to you.  I really don't understand the "standard procedures" question.

     

     

    1 hour ago, Brynderwyn said:

    What are potential consequences if I refuse to pay the charged amount? (Also considering that I live in Europe.)

     

    It's conceivably possible that the rental car company will charge the credit card you used to rent the car, so you should keep an eye on your statement.  You might be unable to rent a car from the same company in the future, and it's not beyond the realm of possibility that your name will be circulated among other rental car companies.  It's probably unlikely that you'll get sued.

     

     

    1 hour ago, Brynderwyn said:

    Where can I get affordable legal advice?

     

    From a lawyer who charges rates that you consider to be "affordable."

     

     

    1 hour ago, Brynderwyn said:

    I arbitration advisable?

     

    Unlikely.


  18. I should also have asked:  In whose name(s) does title currently stand?

     

    If title is still in your father's name, then you'll have to wait for probate to be done and the property transferred.  However, you and your brother could agree for the estate to transfer title to him alone and for you to receive the agreed upon amount of cash.

     

    Also, without a written agreement, you have nothing that's enforceable.

     

    If you're concerned about the status of the probate, go down to the courthouse where the estate is being probated and look at the public case file.  If you still have concerns after doing that, then contact a local probate attorney.  Keep in mind that probate for most estates can get done in about 6-24 months.  Assuming the probate for your father's estate was commenced within a month or two after he died, you're starting to get up there, which is a concern in and of itself.


  19. 29 minutes ago, trainguy said:

    He offered to buy me out of it, then moved in and has done nothing to move towards actually completing the transaction.

     

    Did you agree to be bought out?  Did you and your brother agree on the material terms of the buy-out transaction?  Did you memorialize your agreement in a signed, written agreement?  In what state is the condo located?

     

     

    30 minutes ago, trainguy said:

    Do I talk to an estate attorney, or, probate?

     

    That depends.  For starters, the terms "estate attorney" and "probate attorney" are effectively synonymous.  However, you told us that your father "left his condominium to [your] brother and" you.  I assume your father has died, but it's not clear whether title to the condo has yet passed to the two of you.  Has that happened?  If not, what is the status of probating your father's estate?  If probate is still pending, who is the executor/administrator?


  20. Define "fraudulent."

     

    It isn't "fraudulent" simply because you disagree with the statement that the "building is up to code and safe."

     

    Has any court or relevant public agency determined that the building is not "up to code" and/or "safe"?  If so, please elaborate.  If not, what is the basis for your claim that it is not either of these things?

     

    You referred to a lease, so I assume you're a tenant who lives in the building.  Correct?  Why do you ask about the lease's validity?  Are you trying to get out of the lease?  If so, please provide some details about the lease (e.g., when did the lease become effective and how long is the term of the lease).


  21. 48 minutes ago, MGSACS said:

    This guy convinced my father to turn over his POA and change his will, where he made himself executor and all accounts would go to the executor.

     

    No he didn't.  Your father nominated him to be executor.  In order to become executor, the guy would have had to be appointed by the probate court, and it's not clear whether that actually happened.

     

     

    48 minutes ago, MGSACS said:

    This happened when I was able to convince the court that there was a need for a professional guardian.

     

    A guardian only would have been needed if your father was alive.  While he was alive, there was no executor because there was no estate yet.  I can't tell if the prior sentence meant that the court appointed Mr. McDonald's as executor and then removed him or whether he was never actually executor and that something happened before your father died with respect to the nomination of Mr. McDonald's as executor.

     

     

    48 minutes ago, MGSACS said:

    her will reads something like this:

     

    If she passes first the "joint" account goes to my father.  If my father passes first and then she passes then money in that account  goes to her children.

     

    So if, as appears to be the case, his wife (who apparently was not your mother) died first, then your father became the sole owner of he account pursuant to the terms of the account agreement, not her will (assuming a standard joint account agreement, the surviving joint owner becomes the sole owner of the account upon the death of one of them.

     

     

    48 minutes ago, MGSACS said:

    The former POA only told the guardian that there was a POD and the money would go to my father's  wife's kids on his death,  The guardian found her will when my father passed and brought this up in her final report to the court that it was a joint account and the monies should have been transferred to my father.

     

    If it was a joint account, then there was nothing to transfer.

     

     

    48 minutes ago, MGSACS said:

    My attorney believes we win.

     

    Win what?

     

     

    48 minutes ago, MGSACS said:

    We are in probate and my attorney wants to do something called a TEDRA.   However, i would like to ask a couple questions?

     

    Since you have an attorney, I'm curious why you want input from anonymous strangers on the internet, many of whom are not attorneys, and who may or may not be in the state where the probate is taking place, and who have not read any of the relevant papers.

     

    By the way, based on a quick Google search, "TEDRA" is an acronym for the Trust and Estate Dispute Resolution Act.  It is a body of law in the State of Washington.  Is that where the probate is taking place?  If so, while "do . . . a TEDRA" might very well be a shorthand way of referring to something, but it is likely that only a Washington probate attorney is going to know what that means.

     

     

    48 minutes ago, MGSACS said:

    The former POA never transferred the money.  Shouldn't that money have automatically been transferred to my father?

     

    A POA is a document; it's not a person.  I assume you're referring to Mr. McDonald's, but I'm not sure what "transfer" you're talking about.  As noted above, it is almost certain that the joint account that your father had with his wife became a solely-owned account upon her death and there was nothing to transfer.

     

     

    48 minutes ago, MGSACS said:

    As a joint account, on her death, doesn't that money automatically become his?

     

    Unless a non-standard account agreement was used, yes.

     

     

    48 minutes ago, MGSACS said:

    Can her kids legally claim that it is their money, since there was a POD and my father has now passed, even though the former POA did follower her  will with a transfer to my father?

     

    They can claim anything they like, but I doubt that's what you intended to ask.  What does "the former POA did follower her will" mean?

     

     

    48 minutes ago, MGSACS said:

    Can she even have a will claiming what to do with a joint account?

     

    She did, so it should be obvious that she could.  However, because the joint account agreement trumps the will and she died first, it doesn't matter what her will said (although, according to you, her will said that, if she died first, he got the money, which is exactly what the account agreement likely provided).

     

     

    48 minutes ago, MGSACS said:

    Is the former POA liable?

     

    For what?

     

     

    48 minutes ago, MGSACS said:

    On my father's death he quit claimed the house over to my father's dead wife's kids, within a couple of weeks.

     

    Any action taken by the agent pursuant to a POA after the death of the principal would be void because the authority conferred by a POA terminates upon the death of the principal.

     

    P.S. I just looked at the thread you started last December, and it appears that all (or nearly all) of this was covered already, so I'm not sure why we're revisit it or why you started a new thread.

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