My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other...Read more »
The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property...Read more »
Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »
Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.
Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination...Read more »
My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... Read more »
Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.
My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »
Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,...Read more »
Nashville: I am a landlord that has a signed lease agreement with a tenant for 12-months of which 6-months were fulfilled. The tenant is currently at my property, hasn’t paid rent and stated the he does not plan to pay.
What are the steps that I need to take to ensure the tenant is... Read more »
Hire a competent attorney in the Davidson County area. Get him to file a Detainer Warrant and prosecute it until the occupant is gone. Do not get security deposits anymore, due to the Landlord/Tenant Act applying there. Hopefully the virus mess will not hold you up, but file the Detainer asap.
It depends on the facts of the case, your criminal history and the DA's and victims' positions on jail time. Generally, in the beginning of the pandemic, courts were leaning away from jail sentences and were letting a lot of people out of jail on already-imposed sentences. Now, though,...Read more »
Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!
We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point
That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem...Read more »
We were told due to covid we would have to pay additional fees based on state regulations. Even though we booked during covid and the original contract does not mention these cost. Is this our responsibility?
The contract will control. If there is a fixed price - and the contract does not provide for any changes then the caterer may be stuck. The contract may have a clause that indicates that if an act of God is involved then there may be a different outcome. This may be called a force majuere...Read more »
I've decided that grace period is up and I no longer want this person living in my apartment. There was never a lease or any sort of written agreement. I was letting them live there because they would've been homeless otherwise. I gave them a 30 day notice to find somewhere else to live,... Read more »
You have to file a Detainer Warrant with General Sessions Court. Sue For Possession Only (no money). However you could lose and have to file an Ejectment Action, which will be expensive and difficult. File it Monday. If you receive Federal Subsidies, the virus mess will delay you.
When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »
This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your...Read more »
after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... Read more »
Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication...Read more »
I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.
Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.
I am a US citizen trying to bring my wife to US. She has visitor visa. I was wondering if there would be any complication bringing her here. I haven't filled out any immigration application for to get her the green card. I don't know if the US custom boarder would stop her from entering... Read more »
A visitor visa is for the purpose of visitation not to come here permanently. If CPB finds out she is married to you, a US citizen, they may deny her entry because of concealed intent. She has to tell the truth as to what the purpose of her trip is. If she intends to reside permanently here then...Read more »
He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... Read more »
What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you...Read more »
Start calling Court Clerks starting with the General Sessions Court of the County you were stopped in. Then you might try City Courts where the stop occurred. If the Ticket is not paid, you could go to jail and/or lose your TN DL. You may have to call the Circuit Court Clerk of that County....Read more »
I’m in TN, things are opening here but unfortunately for me, daycares are not. For the time being, we are working from home and I also have a 2 and 4 y/o here w/ me so it makes it hard for me to work, it’s actually brung my performance measures down because I have to deal w/ them so much. I... Read more »
You may be entitled to protection under the Emergency Family and Medical Leave Expansion Act. Under this provision - with some exceptions - employers with less than 500 employees are required to provide job-protected leave for employees who are unable to work or unable to do their work from home...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.