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Questions Answered by Burton A. Padove
1 Answer | Asked in Uncategorized for Indiana on
Q: I aws in hospital due to complications with cancer and missed the inal hearing what can i do.
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answered on Jul 21, 2011

If the final decision seemed unfair to you, then you should contact an attorney to file a Motion to Set Aside under the catch all provision.

1 Answer | Asked in Uncategorized for Indiana on
Q: Is it legal for a felon to wear body armor
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answered on Jul 21, 2011

I do not know of any restricions on the use of body armor other than in the commission of a felony.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Do u need a license to drive a 49cc moped
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answered on Jul 21, 2011

no

1 Answer | Asked in Social Security for Indiana on
Q: Where can i find cases involving soc sec survivor's benefits approved when short 1 credit? i cannot find anything
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answered on Jul 21, 2011

Try the CCH Socila Security Reporter.

1 Answer | Asked in Public Benefits for Indiana on
Q: Does drawing out your 401 count against your unemployment
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answered on Jul 21, 2011

the answer depends in part on how much your employer contributed. Bottomline, is there may be a small impact.

1 Answer | Asked in Public Benefits for Indiana on
Q: Can i still get ssi survivors benefits if re-married
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answered on Jul 21, 2011

no issue if you are over 60.

1 Answer | Asked in Probate for Illinois on
Q: As a legatee, by not submitting the waiver of notice, does this prolong the probate process in Illinois?

As a legatee, I have been asked to send back a signed waiver of notice. I have no issue with the designated executor (and certainly would consent to that), but I have reservations about waving notice (and waving notice of rights in independent administration). By not sending this back signed, do I... View More

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answered on Jul 21, 2011

Not necessarily, if prompt notice is provided.

1 Answer | Asked in Probate for Indiana on
Q: My mother is in Hospice. Barely enough life ins for burial and bills to be paid. no assets - Am I responsible to pay
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answered on Jul 21, 2011

Interesting question. I am posting a copy of the statute that seems to indicate that you are responsible but limits who can sue you for payment. IC 31-16-17

Chapter 17. Liability for Support of Parents

IC 31-16-17-1

Duty to furnish support for parents

Sec. 1. Any...
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1 Answer | Asked in Municipal Law for Indiana on
Q: Some towns have codes claiming a pigeon is a fowl. So is a pigeon considered a fowl?
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answered on Jul 21, 2011

In those towns they are. As far as I know, in all other towns too.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: Has the state of Indiana set forth any guidelines for the scope of practice for Office Medical Asistants?
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answered on Jul 21, 2011

Indiana law requires that a medical assistant work directly under a supervising physician. The assistant cannot perform radiography, cannot make a diagnosie, prescribe or administer treatment or medication unless under the direct supervision and must report the results of any examination directluy... View More

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Can a lawyer be held on criminal charges for working with a private investigator who wishes to impersonate federal agent

Lawyer charged me $5000 flat fee retainer, stated I needed to follow her terms then required me to hire a pi who was going to "play the part of federal agent" when I refused, she withdrew from the case and didn't give the money back

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answered on Jul 21, 2011

I cannot say for certain, although there may be some criminal conspiracy. I do think that you should contact the Illinois Attorney Disciplinary Commission as it does sound like the behavior is unethical if not criminal.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is a MHC landlord allowed to tow (and keep threatening to do it again) my vehicle off park property because they do -->

Not want to incur the time and expense of legally evicting me through the court system for nonpayment of rent? I had been living with my boyfriend who passed away in April. His next-of-kin does not intend to pay rent and I'm trying to find a place to move. I do not have a lease with the... View More

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answered on Jul 21, 2011

can you please clarify what MHC stands for. I do not want to guess.

1 Answer | Asked in Family Law for Indiana on
Q: What law protects me from invasion of personal information by contacting my employers, family, friends, etc,?

This is a custody case. Supervised visitaion. Modification for termination of supervised visitation has been approved for a hearing. I am the mother. I have to be supervised. My exhusband has been calling previous employers, etc trying to get anything he can to use against me in court. Is... View More

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answered on Jul 21, 2011

Although, no one likes inquiries into their background, your exhusband has not done anything wrong. If, and I do say if, there has been a violation of your privacy rights, based on the information that you posted, the wrongdoers would be those who provided the information. However, since there is... View More

1 Answer | Asked in Family Law for Indiana on
Q: In 2008 i had guardianship papers notarized, in 2009 courts assigned co guardianship to other grandparents

The court papers stated that no other papers have been done on gaurdianship,which were 1 year and 1 month before hand

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answered on Jul 21, 2011

Unfortunately, there is little that can be done at this time. Proceedings could have been instituted within 30 days to correct the court's error or within a year to set aside the order based on fraud.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Does a landlord of a apartment complex of sixty units have to have a seperate escrow account for security deposits ?
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answered on Jul 21, 2011

No, however, the landlord will have to pay you interest and comply with appropriate,time accounting and documentation rules.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: I live in dupage county and rent an apartment. Is there a law in place to limit the $ amount rent increase yrly?
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answered on Jul 21, 2011

Illinois law prohibits rent controls on provate property, so the answer is no.

1 Answer | Asked in Probate for Illinois on
Q: What form do i use for petition for probate of a will ?
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answered on Jul 20, 2011

If you are in Cook County, ccp0315 which you can find at the Cook County Court Clerk's web site. If you are not in Cook County, use that as a template.

1 Answer | Asked in Health Care Law for Indiana on
Q: Must health insurance providers pay for mammograms in Indiana?
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answered on Jul 20, 2011

Here you go:

IC 27-8-14-6

Breast cancer screening mammography; coverage

Sec. 6. (a) Except as provided in subsection (f), an insurer must

provide coverage for breast cancer screening mammography in any accident and sickness insurance policy that the insurer issues in...
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1 Answer | Asked in Health Care Law for Illinois on
Q: I was seeing a couple for couple counseling.They are getting divorced and husband wants me to testify for child custody.

He paid for services but they both attended. He is also acting as his own lawyer. This will be a subpoena to attend and provide information. Am I breaking confidentiality if I honor subpoena.

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answered on Jul 20, 2011

If they both were in attendence confidentiality would not apply.

3 Answers | Asked in Divorce for Illinois on
Q: I'm getting a divorce and i was wondering if im intitled to any 401k or IRA that acumulated during our marriage?
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answered on Jul 20, 2011

Absolutely, positively, yes.

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