Daniel J. Eccher's answer A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the testator wanted their probate property distributed after his or her death; it does not help the heirs avoid probate. Probate can be avoided in a few ways. You could change the title on all of your...
Zachary J. Smith's answer This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.
Daniel J. Eccher's answer Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.
Here is a link to the “Statutory Will” form: http://www.mainelegislature.org/legis/statutes/18-A/title18-Asec2-514.html
She could fill out this form and sign it in the presence of...
Tough situation, of course, but there is good news and bad news for you.
The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing, education, medical bills, etc.) can be credited as back support that was actually paid. More good news is that you won't have to pay it all at once. Finally, the court has a lot of discretion as...
Salim U. Shaikh's answer Two different scenarios: (1) nasty sexual communication (how would you prove that?) to be reported to your local police for criminal action; (2) retaliatory steps having threatened eviction; If LL does proceed against your eviction you may have right to defend: first pending harassment actions against LL and secondly eviction without any cause provided you are fully abiding by lease terms.
Michael Hales' answer This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.
Robert D. Kreisman's answer It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.
Zachary J. Smith's answer There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.
Gary Kollin's answer I am sure they think you are mentally ill. You need to prove them wrong. You need to seek out a psychiatrist they know nothing about and have at least three sessions. Then provide the authorities with the proof and they may listen to you
Robert Guillory Esq's answer First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
Daniel J. Eccher's answer You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be paying rent to your mother's estate. Has anyone petitioned in Probate Court to be appointed Personal Representative of the estate? If you are her son, you would be a perfect candidate for PR; your mother's husband...
Elliott R. Teel Esq's answer If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even fencing to block access.
Robert Guillory Esq's answer you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
Answered on Apr 9, 2018
Robert Guillory Esq's answer It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...
Zachary J. Smith's answer If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
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