A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.
If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.
Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".
Have you received and served, according to the Rules, a Summons?
It looks like you are not prepared... Read more »
violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... Read more »
The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... Read more »
Hello,
I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... Read more »
Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When... Read more »
I won a judgment
This sounds odd. Take your Judgment to another attorney to review.
I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... Read more »
Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... Read more »
I wanted dismissed if possible, but i'm not sure if it's worth it. I was at fault so what would i say in court? I was driving and passed a red light that changed just before i past it. is the officer telling me that he's not going to appear in court? i've had my license only for... Read more »
APPEAL THE TICKET!! There are a number of very important reassons to take the appeal. First, you are under the age of 25 and in the age bracket where there can be larger SDIP points assessed or possible surcharges on a policy. Second, if you have 3 speeding tickets or 5 overall moving violations... Read more »
This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... Read more »
Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... Read more »
It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... Read more »
If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... Read more »
He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough
It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier... Read more »
Doesn't this order infringe on my constitutional rights?
Constitutional rights are balanced with public health interests in these settings. Good luck
Tim Akpinar
This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... Read more »
You can try. The reopening fee is $260.
We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... Read more »
You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.
I have my own car and insurance and it has nothing to do with her.they want to punish her for my midterms and it’s not cool
No. Insurance carriers can drop insureds for a number of reasons - late payment, risk, claims, etc. You could double check with a local attorney for a second opinion. As for the driving record, it could be worthwhile to look into a defensive driving course to see how many points could be taken off,... Read more »
The warrant is evidently good for 1 year during daylight hours only. I have proof of defendant's continued address occupancy (signatures on USPS postal receipts within last 2 months), but is otherwise very good at dodging the sheriff. Person would be greatly happy when this expires, as could... Read more »
You have to file a written motion for a new capias, mark it for hearing, give notice to the debtor, and surrender the old capias.
We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?
You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset... Read more »
Practice owner has been approached by an investment party that want to buy 51% o the share. Owner is now giving notices and terminating all previous 'profit sharing' or branch partnership contract without any reason.
1. Is this legal?
2. As the investment company started... Read more »
Your important questions cannot be answer here on Justia The concerns expressed are dependent upon the terms of all the written contracts involved; so you should contact a local business lawyer to advise you.
The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two... Read more »
Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?
You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and... Read more »
Hello,
I filled a lawsuit because I was detained by security guards after I was accused of sleeping on a couch and therefore 'trespassing' and 'stealing' there was no evidence to support this and the company never proved their claims nor was I charged by police.... Read more »
It is amazing what you can find on the internet by googling
https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html
Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »
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