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Questions Answered by Benjamin W Scott
1 Answer | Asked in Personal Injury and Products Liability for Indiana on
Q: What is a good gratuity for a paralegal and lawyer who have gone far and beyond the call of duty Paralegal is in CA

And lawyer is in New York

Benjamin W Scott
Benjamin W Scott answered on Jun 27, 2018

I'm glad that you had a good experience with a lawyer and paralegal who went above and beyond to help you.

I would be careful about giving anything of significant monetary value to your attorney. There are some rules regarding gifts from clients, and you don't want to get your attorney in...
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1 Answer | Asked in Personal Injury for Indiana on
Q: CVS gave my 82 year old father the wrong medicine, and confessed the next when I went to refill it. The medicine isAlzhe

The medicine is for his mental condition and they gave him a different medicine that is also for mental conditions but not his medicine. In a nutshell they simply gave him the wrong medicine and admitted it to me and apologized and I said I'm glad it didn't kill him.

Benjamin W Scott
Benjamin W Scott answered on Jun 27, 2018

Fortunately, the medicine did not cause any harm to him. Although CVS made a serious mistake in giving the wrong medication, they are not liable for any harm if no harm occurred.

1 Answer | Asked in Personal Injury, Civil Rights and Libel & Slander for Oklahoma on
Q: Dated a man in the air force. He is a master sergeant and training for 1st sergeant and he asked me to marry him.

Purchased wedding ring and gown. Purchased him $218 Bose ear buds which was a gift

Loaned him $100 of my children child support money and he stated to pay back. I have email of affairs, pictures of him with women, texts, emails of me asking for my $100 back and he told me he is done with... Read more »

Benjamin W Scott
Benjamin W Scott answered on Jun 27, 2018

You have the right to walk away from him and get him out of your life. It is probably not worth the time or effort of trying to get the $100 back.

1 Answer | Asked in Personal Injury on
Q: On Father’s Day my father pulled out a shard of metal from inside his mouth after eating a chicken ball

Chicken ball was from a Chinese take out , my father thought he had broke his tooth but then pulled out a piece of metal

Benjamin W Scott
Benjamin W Scott answered on Jun 27, 2018

Sorry to hear about your father's experience. I hope that he is OK. If he did not break his tooth or suffer any serious injury, your best bet might be to write a letter to the restaurant explaining what happened. You want to make sure that this doesn't happen to anyone else.

If he did...
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2 Answers | Asked in Estate Planning for California on
Q: Wife in CA made Will. We married in CA After marriage, I went to prison and she died in unrelated manner. Is Will valid?
Benjamin W Scott
Benjamin W Scott answered on Nov 6, 2013

If the will was valid to begin with, it is still valid. The fact that you went to prison doesn't invalidate it. You will want to see a probate attorney to help you figure out what to do next.

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3 Answers | Asked in Personal Injury for California on
Q: 90 yr old falls trying to open a door at a dept. store. Leaning on door when a lady open it from other side...

Broke her wrist. Who is responsible for all the bills and loss now and in the future? Is there a personal injury case here?

Benjamin W Scott
Benjamin W Scott answered on Sep 25, 2013

I don't know all of the facts, so I can't be sure. However, this seems like a pretty weak case. If someone is to be responsible for the injuries, there must be some level of fault. The store can be liable if it was somehow negligent in the way it placed it's doors or in some other way. From what... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Concerning my property, i have 3 children and 1 is handicapped, I want to protect her and other kids. Any Suggestions

I have property and want to protect my handicapped child concerning my property but dont want to forget my other children. What would be a suitable arrangement

Benjamin W Scott
Benjamin W Scott answered on Mar 20, 2013

Most likely, you will need to set up a trust or trusts to take care of your family. You can set up a special needs trust to take care of your disabled child and a separate trust for your other children. In fact, a special needs trust may allow your disabled child to remain eligible for certain... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: The police trying to make deals w/me for info, telling me they can help me for info. Can I get a pub. def before court?

I don't want my rights infringed. And I don't want to disappear either. What do I do?

Benjamin W Scott
Benjamin W Scott answered on Feb 14, 2013

You definitely have the right to a lawyer, and you should take advantage of that right. You probably don't want to accept any deals until you've discussed it with your attorney. You are entitled to a public defender if you cannot afford a lawyer. Call the public defender's office, and they will... Read more »

1 Answer | Asked in Family Law for California on
Q: My daughter fell and broke her leg during a softball game on fields that were not suitable to play on can i sue?
Benjamin W Scott
Benjamin W Scott answered on Feb 14, 2013

You can try to sue, but you will have some substantial hurdles to overcome. It's really going to depend on what you mean by "not suitable to play on." Whenever someone engages in a sporting event, it's understood that there are certain risks such as falling and breaking a leg. It's also... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can I create an accessory for a patented product?

I came up with a product idea (accessory) that would allow a patented product to work with other products (competitor products). Can I create and sell this product or will it be infringing on the original products patent.

Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

You should be able to create and sell an accessory without infringing on the original product. The patent owner only has a right to exclude others from making, using, selling, or importing the product without permission. The patent right does not exclude others from making accessories that can be... Read more »

3 Answers | Asked in Contracts for California on
Q: Can a person who is a convicted felon enter into a contract when their crime involved fraud?
Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

They are definitely allowed to enter into contracts, but I would think twice before forming a contract with someone who has committed fraud in the past.

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1 Answer | Asked in Lemon Law for California on
Q: Dealship didnt put o ring on new dodge charger and i drove 60 miles no oil. cant i get new car? do i need lawyer?

I had it towed and it cost me $270.00 they said that they have to determine if it's their fault.

Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

If it's a new car and should be under warranty. In that case, you have to give them a chance to repair the vehicle. If they can't fix the problem after a reasonable number of attempts to repair it, then you can get a new car from the manufacturer. After you've taken it in for repairs 4 times for... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Is an IRA or 401K considered Community Property or Seperate Property in a Living Trust?
Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

It depends on when you earned the money in the 401K and IRA. If you earned the money while you were married, it's community property. If you earned the money before you were married or after a separation or divorce, it's separate property. If you can trace how much was contributed during marriage... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: What is the difference between a trustee and an executor?
Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

A trustee is the person who manages a trust. An executor is the person who carries out the instructions for a will and takes care of the estate of the person who died. A trustee will often have many of the same duties as an executor. If you are creating a living trust, it is sound advice to make... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What size estate requires a living trust? How much would it cost to change trustee and beneficiary names ion a Living tr
Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

Although there is no minimum value needed to create a trust, you want to make sure that a trust is right for your circumstances. One of the most important benefits of a living trust is that assets will transfer outside of probate on your death. In California, estates under $150,000 pass outside of... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: In California, can a living will override my insurance policy naming my husband as beneficiary if he has a gambling addiction?
Benjamin W Scott
Benjamin W Scott answered on Feb 8, 2013

I'm guessing that you're asking about a living trust, not a living will. A living will is a common name for the document that gives instructions for end of life health decisions.

It also sounds like you don't want your husband to get all of the money outright and gamble it away. In that...
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2 Answers | Asked in Estate Planning for California on
Q: How do I put my WV real estate in my CA trust?
Benjamin W Scott
Benjamin W Scott answered on Feb 8, 2013

You can put real property from another state into a California trust. However, you will need to record a new deed with the county recorder's office where the property is located. This deed must show that you have transferred the property into the trust. The county recorder's website will have... Read more »

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