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I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More 
answered on Apr 13, 2025
Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More
answered on Apr 13, 2025
Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More
I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More
answered on Mar 28, 2025
Your sons have priority to act as administrator per the priority schedule listed in the probate code.
However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the... View More
As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More
answered on Mar 21, 2025
If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More
As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More
answered on Mar 22, 2025
I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I’m 72 years old and recently retired due to health reasons after suffering a stroke in 2023. I have been paying alimony for 21 years following a divorce finalized in Riverside County on 11/12/2004. My former spouse, who is now around 70 and was self-employed, chose not to remarry. She is... View More
answered on Mar 12, 2025
In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More
How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More
answered on Mar 9, 2025
The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More
I am being contacted by a debt collector for a Target debt, which is not related to any medical expenses, and they have requested my medical records. I have not given any consent for this. I am currently in contact with the debt collector to resolve the issue but cannot afford the payment amount of... View More
answered on Mar 6, 2025
You asked if they are legally allowed to ask you for medical records. They can ask for anything they feel like - the issue is whether you have to comply. A Target collection agent asking for medical records makes ZERO SENSE, which makes me wonder if someone is trying to scam you - for example,... View More
I’ve been filing for SSI disability while seeing doctors and undergoing evaluations, including x-rays. I'm looking to receive payments while waiting, yet I haven't received any communication from the SSA about my application status. I'm currently facing challenges like memory... View More
answered on Mar 5, 2025
Typically, you should file for both together. The issue is the SSI is that you do not have enough earned credits to qualify for SSDI. Thus you should call the local social security office and see how many earned credits you have and if you could qualify for said SSDI benefits, If the answer is... View More
I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death... View More
answered on Feb 19, 2025
You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc. Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount. The JC Penney death benefits ought to have a monetary value attached. If you... View More
I am still disabled yet they want me to pay them back. Am I required because I don't think I should pay back anything?
answered on Jan 16, 2025
It is possible that you owe the money depending on if you are on SSI or SSDI. There are ways to request a wavier of the over payment which are the following:
If you received a letter from Social Security saying you were overpaid, you can do the following12345:
If you do not think... View More
So now am waiting a hold another year for social security office to tell me am approve or not an it been since 20024 of September anr still haven't heard nothing an my attorney is quikaid an they say ain't nothing can do to spend process up am homeless because of all this I have no... View More
answered on Jan 23, 2025
I'm sorry for your difficult ordeal. Most people don't consider the type of burden you describe in terms of getting to medical appointments for people who don't have cars. If you're with the same attorney, make your situation clear to them and ask if it's possible to... View More
It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More
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answered on Dec 24, 2024
Dear injured worker,
I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many... View More
I've stumbled upon a case where my Grandmother was left her father's "Entire Estate." However, due to the court's findings, they denied her her right to any inheritance due to her being an "illegitimate child" born out of wedlock. Is it possible that she was... View More
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answered on Dec 4, 2024
Those of us born out of wedlock can inherit pursuant to R.I. Gen. Laws § 33-1-8, a Rhode Island law that was first enacted in 1905. That 1905 law was probably enacted prior to the time of your great-grandfather's death, and would have prevented a finding that your grandmother could not... View More
I received a settlement offer from Worker's Comp.
However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More
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answered on Nov 29, 2024
I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.
Disclaimer: This information is based on New York law and is... View More
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answered on Nov 13, 2024
Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More
needing to make my son power of attorney he is the next of kin to his dad his dad is compatible
answered on Nov 7, 2024
Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More
I have had a hip replacement and scheduled for a knee. Severe osteoarthritis in not only hips and knees, but hands as well. 64 year old female on disability and unable to work. I also suffer from PTSD and depression.
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answered on Jul 22, 2024
It sounds like you are going through a very challenging time. Dealing with multiple health issues and a denied SSDI claim must be incredibly frustrating. First, it's important to gather all the documentation related to your medical conditions and any communication with the SSDI office.... View More
Can you explain to me the process of disability percentage and what I’m making when can I activate her checks to me and does that last for the rest of my life? What do I need to do? I am 62 and still working.
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answered on Jul 22, 2024
I’m sorry to hear about your loss. Since you are 62, you may be eligible to receive a portion of your late wife's Social Security Disability benefits. Typically, you can receive a survivor benefit starting from age 60, but since you are still working, your earnings might affect the amount... View More
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