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James Thomas Kinder

James Kinder’s Answers

453 total


  • My mom is trying to move to NC and leave my dad here. She wants to sell the house and she saw a lawyer and they told her divorce

    she is not nice. I'm trying to buy the house with my dad. She has the papers to sign but I'm going to make him wait til I get help

    James’s Answer

    My colleague is correct: you may be wise to retain counsel to push this matter along. Divorce may not be the most pressing concern at the moment -- although that may come into play depending on how amicable/or not the parties can be. I would not advise trying to do this on your own. The Divorce Laws and Statutes in Massachusetts are complex. If Divorce IS an option, you would want to ensure that the transfer is made correctly and accounted for as a dispensation of a marital asset. You can use the "Find a Lawyer" option here on AVVO to find a local attorney who may be able to assist you. I hope this response helped in some way. I wish you the best of luck. I have also re-classified your answer as a "real Estate" Matter, with the understanding that Divorce may also come into play.

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  • My son's father passed in January. His father was not married but had a live in girlfriend. Is my son entitled to inheritance

    No sure what my son's legal standing is.

    James’s Answer

    Thank you for your inquiry. My colleague is correct; it is likely in this scenario that the Massachusetts Laws governing "Intestacy" would apply in this situation, Intestacy means that the decedent passed away without a will, or other document providing for the disposition of their estate. The rules for distribution under intestacy, for children where there is no surviving spouse is set forth in Massachusetts General Laws Chapter 190B, Article I, Section 2-103. Please consult with a local attorney to discuss your situation. Many offer free consultations. That way, the attorney could advise you as to what, if any, part of your son's father's estate, your son may be entitled to. You can use the "Find a Lawyer" option here on AVVO to find a local attorney. I hope this response was helpful in some way. I wish you the best of luck.

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  • I'm trying to sue a person that owes me money but have no written proof that that person does because it was all word of mouth.

    what actions can i take?

    James’s Answer

    In short, you may be able to sue this person, if, as my colleague as pointed out, there are means by which you can prove the money is owed to you other than a written contract. My colleague has directed you to several means by which you could prove the money is owed. However, I would suggest you speak with an experienced attorney near you. An experienced attorney will be able to asses your situation, as well as any proof you may have, and possibly think of other means by which you prove the money is owed ( based upon the information you provide). I would not suggest you do this on your own. If a suit is a viable option, you want to make sure you go into the process armed with all of the necessary information needed to establish the debt is owed. If you sue, without all of the necessary or available information, you may be prohibited from bringing the suit again even if you later discover the existence of information that may have been used in the first law suit. Many attorney's offer free consultations. Use the "Find a Lawyer" option here on AVVO to see if there is an attorney available in your area to handle such matters.
    I wish you the best of luck and I hope that this response was helpful in some way.

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  • Myhusbandand I have foreclose papers from SNmortgage co. a lawyer told us there may havebeen a breach of contract over an agreee

    ment with a mortgagecompany prior to SN. the fee is 4000retainer. my husband is I'll and we are living on socialsecurity 2400 a month. we won't be ableto afford stray here regardless. should we drop going forward ?

    James’s Answer

    I agree with my colleagues. Please do not let too much time lapse before speaking with an attorney experienced in mortgages and foreclosures. An experienced attorney will be able to review your file and make a determination as to whether or not you have a case going forward, and advocate on your behalf to protect you and your property to the extent they are available. Just because one attorney quoted you $4000.00, that doesn't mean you shouldn't reach out and discuss the matter with another attorney for a second, and possibly, third opinion. Again, please don't wait too long. May attorneys offer free consultations wherein they can determine, based upon review of the information you provide, whether or not you have any remedies available going forward. Only at that point ( after having been advised of your chances of prevailing) should you discuss fees and payment options available. I hope this answer helped in some way. I wish you the best of luck.

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  • Small business LLC used a sales rep LLC that stole $40,000 from us after collecting that money from our customer for services.

    We had a Purchase order agreement after product delivery sales rep collects check for invoice and pays us our share per the legal agreement. After it was admitted to stealing the money a refusal to pay has been made. Threatened to close LLC if we ...

    James’s Answer

    Good afternoon and thank you for your inquiry.

    Which approach you decide to take ( whether filing an application for a criminal complaint or filing a civil suit) depends heavily on the likelihood, I believe, of success and recovery on the civil side. In order to make this reasoned decision, you would need to sit with a local, experienced litigation attorney, and allow that attorney to review all of the information you have available to support your allegations as set forth above. After analyzing that information, the attorney will be able counsel regarding the best means of recovery. Whether or not an attorney would take the matter on "contingency" would depend on several factors, which could only be determined after review of the complete file. This may be a situation where ( and this is heavily dependent on the facts and circumstances of your allegations) a split fee/contingency arrangement may be appropriate. Again, however, this could only be determined after a complete review of the facts and evidence. You would do well to consult with a local litigation attorney. Please do not let too much time lapse in the meantime: the longer you wait, the lower the chance of recovery. I hope this answer helped you in some way. I wish you the best of luck.

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  • Motion to reconsider

    I recently was in Probate court trying to modify my divorce agreement. It is going to trial, but one of the issues brought up was a contempt issue. My ex was in arrears w/ his support, if he is in arrears on 12/31 he does not get to claim 3 of 4 k...

    James’s Answer

    Thank you for posting your inquiry here on AVVO. We try the best we can, with the information provided by the asker, to guide you in the right direction. However, often times the matters presented are wrapped up in facts and circumstances of which we are not informed: i.e. facts surrounding the complaint for modification, the motion for contempt; the particular circumstances surrounding the arrearage of child support, and the terms of the original separation agreement, just to name a few. To prompt you in the right direction, much more information needs to be provided and has to further be analyzed by an experienced attorney. To that end, I would advise you, as well, to bring all of your information to an experienced divorce attorney. The attorney could then properly advise you as to whether you have any further course of action, and what your chances of prevailing would be. I hope this response has helped you kin some way. I wish you the best of luck.

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  • How do I get someone out of the house?

    I bought a house with my ex husband a couple years ago and both of our names were put on the deed. Due to his bad credit he was not able to be put on the mortgage, which is soley in my name. Since we have split, he refuses to leave and now will no...

    James’s Answer

    There are many factors at play here, and as my colleague stated, the facts are unclear regarding the status of your relationship with your "ex". The manner in which you have him removed from the house may depend heavily upon the status of your relationship. I would suggest you sit down with an attorney to review ALL of the facts and circumstances before you make any moves. I hope this helped. Best of luck to you.

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  • I have a copy of my marriage certificate, will this suffice?

    It was sent to me on a DVD from the govt., but do i need a paper copy?

    James’s Answer

    It's not clear from the way your question is presented what you need the certificate for. If you require your marriage certificate for a Divorce proceeding here in the Commonwealth, a Certified paper copy of your Marriage Certificate is generally required to be filed with the Court.

    I'll be honest, this is the first time I've heard of one being delivered on a DVD. Were you married outside of the United States?

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  • Can PayPal legally hold money my money for 180 days.

    Recently mine and some of my family's PayPal accounts were deemed as possibly risky business (since I was receiving a lot of deposits). They permanently limited these accounts and are now holding my money for 45 to 180 days. Considering how PayPal...

    James’s Answer

    Hello.

    Paypal does have authority under it's "User Agreement" to limit access to funds under certain conditions - i.e. such as engaging in restricted activities. " Without knowing more of the facts regarding your particular circumstances, it would be near impossible to provide you with any insight. I suggest you read the User Agreement, and contact paypal to find out why "exactly" they are restricting access to your accounts. If after speaking with them, you feel as though their actions are unwarranted, i suggest you contact an attorney right away. Best of luck to you.

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  • Sold a drivable camper to a couple, received only two payments. Refusing to pay balance plus they sold the camper for parts.

    First signed paper stated title would be transferred once paid in full; included payment dates. Original price 1600 they offered 1650 for payments over time. Final price was 1500, took off $150 to store camper until paid in full in three months. ...

    James’s Answer

    My colleagues are correct. Here is a link to a website that will provide you with useful information regarding the Small Claims process. Once you have read through this information, you should speak with an attorney. The lethal process is fraught with pitfalls for the unwary. Best of luck to you.

    http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/smallclaims.html

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