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Questions Answered by Robert Kane
1 Answer | Asked in Estate Planning, Family Law and Probate for Minnesota on
Q: If there is no will and the children take the assets but can't afford burial. Who pays for it?

Kids are 21 & 19 and live out of state.

Robert Kane
Robert Kane
answered on Oct 25, 2024

The next of kin will be responsible for the body, regardless of their location.

3 Answers | Asked in Consumer Law, Civil Litigation, Constitutional Law and Legal Malpractice for California on
Q: What can I do after proving a client 'Blacklist' shared amongst law firms does appear to exist?

Spent 2 years searching for an attorney and noticed I was always getting turned down before having a single conversation or consultation. No Q&A. I decided to then submit an identical case description but used a different name/contact info. And now I'm getting calls left and right. I... View More

Robert Kane
Robert Kane
answered on Oct 25, 2024

If there is such a list, I don't subscribe. A simple Google search can reveal information that may telling.

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Do Patent Attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature

I have done research and see that there is a patent on something similar to what I have developed but with some major differences.

Robert Kane
Robert Kane
answered on Oct 22, 2024

I am not a patent attorney, but I don't believe patent attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature. That would most likely be part of their legal services. That task could be very time consuming.

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2 Answers | Asked in Medical Malpractice for Minnesota on
Q: Volunteering at clinic in NC to help victims of hurricane Helene

Does a retired physician Assistant with an active MN license require their own malpractice insurance to volunteer at a James Clinic in Newark NC? Are there any state protections for medical volunteers in NC?

Robert Kane
Robert Kane
answered on Oct 22, 2024

I have not ever been asked to research this specific situation, but I believe this question should be directed to North Carolina authorities.

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1 Answer | Asked in Divorce for Minnesota on
Q: How is ESOP split in a MN divorce if my employer contribute 100% and I start3d it before I got married?

My esop growth has earned me nearly 4M over the last 25 years. At the time I was married, I had about 20k in it. Never put a penny into it. Is this an asset that is 100% mine or does this have to be split in a divorce?

Robert Kane
Robert Kane
answered on Oct 22, 2024

An attorney cannot provide a definitive answer in a free online Q and A. A recent court ruling may provide a change to the traditional distribution. The esop growth has earned nearly 4M over the last 25 years during the marriage. All property acquired by either spouse during the marriage is... View More

3 Answers | Asked in Uncategorized for California on
Q: How do I initiate a lawsuit against multiple companies and individuals

I need to file a lawsuit against multiple individuals and multiple companies who have knowingly violated laws and their own policies where excessive and irreparable harm has resulted.

Robert Kane
Robert Kane
answered on Oct 22, 2024

You will need a large law firm to file a lawsuit on your behalf against multiple individuals and multiple companies. The multiple individuals and multiple companies will undoubtedly have multiple law firms representing them. You may consider filing a complaint for each violation of law to the... View More

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1 Answer | Asked in Civil Litigation for Minnesota on
Q: I need clarification on what this statute is insinuating 491A.01, subd. 3a(b). Does this pertain to credit cards?

I'm currently looking into a small claims suit and it sounds like in the state of MN, you cannot sue someone for more than $4,000 when it comes to credit cards, so I'm looking for clarification to make sure I'm understanding correctly.

Robert Kane
Robert Kane
answered on Oct 21, 2024

I believe it has do with conciliation court jurisdiction. You have to admit that it doesn't seem quite right if credit card companies couldn't sue for balances over $4,000.

2 Answers | Asked in Divorce for California on
Q: where can I find attorney who can help me change venue for divorce from Santa Clara to Orange County.

I filed divorce in 2016. Our child and I are living in Orange County since 2017. Recently, the other party stopped make a payment for child and spousal support. The other party didn't comply the discovery and we are high conflict. I can't drive 7 hours to the court to attend the hearing... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

An attorney can help you file a motion for a change of venue (request for order) with the Santa Clara court. The court will then consider your motion along with your supporting declaration. You will need to contact attorneys directly. Take care. Rob Kane. Orange County Family Law Attorney.

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1 Answer | Asked in Child Custody for Minnesota on
Q: My daughters father got custody of her by default 2 years ago when I missed a hearing and didn't have a lawyer.

She was 14 then. I had her since birth and she did very well with me, straight As in school, no trouble in school once, good friends and a good kid. Since she's declined in grades, gets in trouble at school, her dad has abused several women including myself, he treats her like he's a... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

It may be possible to get custody back though she will be 17 in a week. Of course, a judge will consider facts you haven't mentioned here. Will you have an attorney this time?

2 Answers | Asked in Construction Law and Legal Malpractice for Minnesota on
Q: Can a lawyer you have requested a consultation with contact the opposing counsel prior to your consultation?

We have recently had to seek new counsel due to our lawyer leaving their law firm and our case. We set up a consultation with an attorney, to find out that person went and contacted the opposing counsel and informed that person we were seeking counsel and the person also found out information as... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

On their face, I don't believe either are the disclosure of protected information or unethical. Attorneys need to see if there are any conflicts. The arbitration dates are known to dozens of people.

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2 Answers | Asked in Gov & Administrative Law for California on
Q: How do I get court to augment the transcript when judge refused?
Robert Kane
Robert Kane
answered on Oct 10, 2024

My response isn't as encouraging as JA's AI generated response designed to entice potential clients. To expect the court reporter and judge to simply accept and insert your self-serving version of the transcript is unrealistic. This seems to be the rule you should be researching.... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can minor form LLC all by himself without needing adult at any point of forming LLC?

I know you need adult to help you sign contracts behalf of your LLC but what i wonder is can someome under 18 CREATE LLC?

Robert Kane
Robert Kane
answered on Oct 9, 2024

Please contact the Secretary of States Office.

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2 Answers | Asked in Foreclosure for California on
Q: Loan Modification Request and Statute of Limitation

I am very thankful that I received two responses from two different attorneys to my initial question but I'm a little troubled that I was giving conflicting answers. The first attorney stated that if I were to reach out to the servicer and request a loan modification that it would not restart... View More

Robert Kane
Robert Kane
answered on Oct 7, 2024

JLA posts hundreds of artificial intelligence responses weekly in forms such as this. It is unlikely JLA even read your previous post. Although I can't vouche for the other attorney, give his response significantly more weight. I am not sure why Justia allows JLA's responses.

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3 Answers | Asked in Civil Rights, Gov & Administrative Law and Immigration Law for California on
Q: Is preserving some form of anonymity possible when filing a pro se civil case against government?

Assuming I am considering to file mandamus/APA case against government is there a way to keep my anonymity, so online searching does not bring up my name in the following two cases? (as far as I know a proper way of keeping my anonymity requires a specific application and I think they don't... View More

Robert Kane
Robert Kane
answered on Oct 7, 2024

Since the government is the people for the people, anonymity seems unjust. Taxpayers have the right to know who is suing them.

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3 Answers | Asked in Foreclosure for California on
Q: A Notice of Default on our home equity loan (2nd loan) for our primary residence.

A Notice of Default on our home equity loan (2nd loan) for our primary residence was filed on July 30, 2024. This 2007 home equity loan was taken out solely by my mother who passed away in 2020. Furthermore, the first mortgage on the property, which is in my mother's name only and is with a... View More

Robert Kane
Robert Kane
answered on Oct 7, 2024

JLA posts hundreds of artificial intelligence responses weekly in forms such as this. It is unlikely JLA even read your post. Although I can't vouche for the other attorney, give his response significantly more weight. I am not sure why Justia allows JLA's responses.

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2 Answers | Asked in Contracts and Business Law for California on
Q: Is it legally enforceable if i sign a operating agreement with my minor member of the LLC? If so who is bound by it?

If my minor partner and I sign an operating agreement for our manager-managed LLC, who is legally bound to the contract? Is it enforceable for both my minor partner and me? If my minor partner doesn’t void the contract and follows its terms, does the contract remain valid? If both my minor... View More

Robert Kane
Robert Kane
answered on Oct 5, 2024

I don't believe the court will allow the LLC to continue. The court was force it to dissolve.

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Robert Kane
Robert Kane
answered on Oct 4, 2024

Yes, an attorney who claims to have personal knowledge can submit two different versions of an event to the court. It would certainly hurt the attorney's credibility, unless adequately clarified. I hope you can use this to your advantage.

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Banking for California on
Q: How can I obtain copies of the official bonds of Los Angeles county Superior Court judges and the clerk/executive office

I was damaged by some Superior Court judges misconduct and fraud and I would like to file a claim against their official bonds and their owes of office but they will not inform me where to obtain them or or even provide me a copy when I write the court clerk / executive officer

Robert Kane
Robert Kane
answered on Oct 4, 2024

It is very unlikely you can obtain name of the surety (generally an insurance company that sells the bond to the principal (the judge.)) You can submit a request for information, but it will most likely be denied. If you have a viable case for judical misconduct and fraud you would file a claim... View More

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2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Stolen cars parked outside my fence where mine is at can I be charged
Robert Kane
Robert Kane
answered on Oct 3, 2024

Depending on the circumstances if stolen cars are parked outside your fence where yours is at can you can be charged. Unfortunately, you description is so vague there is no way to guess if you will be charged. If you were charged, the the obvious answer is, "yes."

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2 Answers | Asked in Landlord - Tenant for Minnesota on
Q: I am going through eviction, why do my landlords have 9 attourneys/lawyers representing them?
Robert Kane
Robert Kane
answered on Oct 2, 2024

Is unlikely an attorney on a free online Q and A would know why your landlords have 9 attorneys representing them. They may just be having different attorneys fill in as needed for scheduling.

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