Vincent J. Bernabei's answer Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary but the company did not comply with the notice.
You should consult with an attorney to determine your rights.
Answered on Dec 17, 2018
Vincent J. Bernabei's answer You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.
Answered on Dec 17, 2018
Vincent J. Bernabei's answer The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the circumstances, it is difficult to say whether your spouse may receive his initial contribution toward the home. You have a lot at stake and I recommend that you contact an attorney to discuss your...
Jessica Larsen's answer If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in...
Jessica Larsen's answer You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer an accounting to you. If you feel what you pay is not justified because you spend roughly an equivalent amount of time with your child as the other parent, you may use the child support calculator on...
Jessica Larsen's answer I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.
Gregory L Abbott's answer You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be followed exactly or risk having your case thrown out, with you owing the tenant's court costs and attorney's fees, plus you have to start over from scratch. IF you want to enforce her termination notice,...
Daniel DiCicco's answer This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.
Gregory L Abbott's answer Well, yes, a landlord can bring claims against you for up to one year after the claim arose. That said, however, it sounds as if you may have multiple claims against the landlord. First, they were obligated to either refund or provide a written accounting for why they were keeping your security deposit within 31 days of your restoring possession to them. If they were late, you are entitled to recover twice the amount not timely refunded or accounted for, plus your court costs and attorney's...
Cristina M. Lipan's answer Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have the money to pay for an attorney. You might be ok filing on your own if you have no assets to protect, but mistakes can complicate things for you.
Gregory L Abbott's answer It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do anything with the deceased's property, including the house or to collect rent from you for it. IF brother in law has been appointed Personal Representative of the deceased's estate by the court, then he...
Gregory L Abbott's answer It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...
Daniel DiCicco's answer You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.
Gregory L Abbott's answer Look at your lease - most leases provide for a limit on how often a guest can stay before it violates the lease and potentially subjects you both to termination. IF it does have such a limitation, and your roommate won't abide by it, then you need to consider the potential impact if you call it to your landlord's attention. He may not care; he may try to force your roommate to comply; or he might simply give notice and if not fixed, proceed to simply evict both of you. And perhaps he would...
Gregory L Abbott's answer IF adding an air conditioner was part of the rental agreement, it likely is enforceable IF you can prove it (assuming the landlord denies it). Verbal agreements are lawful, enforceable, and binding BUT proving the contents of those agreements is often difficult and/or tricky. See if you can get her to confirm the original agreement in an email, text, etc. to try to strengthen your claim before proceeding.
Gregory L Abbott's answer Sorry but I am not clear what you are saying. Yes, a landlord can take any rent still owed after move out from the security deposit before refunding or accounting for any balance in writing to the tenant within 31 days of move out; and yes, rent is prorated on a daily basis; but I am unclear what you are referring to about a $25 day "fee". If that is your daily pro-rated amount of rent, fine...but if this is some sort of additional fee the landlord is trying to charge, that likely is not...
Gregory L Abbott's answer IF the subtenant pays their rent to you (well, is supposed to anyway) you are likely their landlord - with all the obligations and privileges of being such. If they do not pay their rent by the 8th day of the month (assuming it is due on the 1st), you can/should issue a 72 hour Termination of Tenancy Notice and then, if not paid by the time it expires, no longer accept rent and proceed to file an eviction in the local court. Understand this is a very technical process which must be followed...
Daniel DiCicco's answer Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could potentially be highly inconvenient.
The other party has 30 days to respond to a petition. I would counsel that you do not move, and that you retain an attorney.
Daniel DiCicco's answer You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it yourself unless you really know what you're doing and / or your finances are extremely simple.
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