L. Maxwell Taylor’s Answers

L. Maxwell Taylor

Middlebury Litigation Lawyer.

Contributor Level 20
  1. Someone suggested my 80 year old mother put her house in my, her only daughter's name to protect it...

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Lee Leonard Kaster
    3. Eric Jerome Gold
    4. Maureen Alice Lyons
    5. James Paul Coletta
    5 lawyer answers

    Not without the advice of a lawyer who does Medicaid planning. Giving away assets results in a disqualification for Medicaid benefits for a period of time which can be known with certainty in advance. A method exists whereby the remainder may be deeded to offspring while the elder retains a life estate in the home, avoiding the disquaification period, but the transaction should not be undertaken wwithout the legal advice of a lawyer who handles Medicaid planning. Mom does not want to be...

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  2. Serving defendant out of country

    Answered over 2 years ago.

    1. Robin Mashal
    2. Michael Charles Doland
    3. L. Maxwell Taylor
    4. John Howard Crouch
    4 lawyer answers

    The answer is not simple. The rules for serving a defendant in another country vary according to the laws of that other country. By way of illustration, in Switzerland (for example), if you try to serve someone with a summons and complaint without following the very specific rules applicable there, you may be committing a crime! You need legal advice respecting the law of the country in which you are trying to serve the defendant, and for that you need a lawyer. Not legal advice, just...

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  3. Hospital liable for HIPPA violation (pt photo) Florida

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Barry A. Stein
    3. Neil P. Flynn
    4. Lars A. Lundeen
    5. David J. McCormick
    6. ···
    6 lawyer answers

    HIPAA restricts "covered entities" from releasing personally identifiable health information without the permission of the person whom it concerns. 1. There is no private right of action for a HIPAA violation. Persons aggrieved by their provider's conduct which may have violated HIPAA may file a complaint with the Office of Civil Rights of the United States Department of Health and Human Services. See link below. HHS has the power to impose fines on providers who violate HIPAA, but to...

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  4. CAN A NOTARY WITNESS A WILL IN CALIFORNIA?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. L. Maxwell Taylor
    3. Shawn Michael Haggerty
    3 lawyer answers

    A will generally needs more than one witness in every U.S. state that I have ever heard of. The witnesses need not be notaries, however; neither is being a notary a bar to being a witness to a will. The attached California statutory information, relating to California Probate Code sections 6110-6113 may be helpful. I cannot vouch for its currency, however. Statutes are often read in conjunction with case law in which judges interpret the meaning of various terms. I make no...

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  5. Can a litigant who appealed his case to the Supreme Ct. for review and was denied review, compel the court to explain its basis?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Christine C McCall
    3. L. Maxwell Taylor
    4. Agavni Gina Hogtanian
    5. Maurice N Ross
    5 lawyer answers

    Compel is a very strong word. The highest court of any state is a co-equal branch of government with the legislature and the governor. So you are asking if you can compel--force--your state's highest court--answerable to the nearly 38 million people who live there--to give you an explanation for denying review. Basically, a state's highest court explains what it wants to explain and is silent where it decides to be silent. If review by the state's highest court is discretionary, and...

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  6. If my son got killed on someone property ,can i sue their homeowner's insurance?

    Answered 5 months ago.

    1. Anders Ferrington
    2. L. Maxwell Taylor
    3. Jeffrey Mark Adams
    4. Jeffrey Ira Schwimmer
    5. Steven Sorial Soliman
    6. ···
    8 lawyer answers

    The statute of limitations probably bars a claim for this terrible event, since it happened so long ago. Statutes of limitation for wrongful death actions are generally much shorter than seven years. As to the question of insurance, homeowner's insurance typically has an assault and battery exclusion. The purpose of homeowner's insurance is to provide a way to make injured persons whole when the injuries were caused by reason of a homeowner's negligence. A death caused by murderous...

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  7. Is the loss of a leg due to infection caught in the hospital any reason to try and sue for some kind of settlement

    Answered 8 months ago.

    1. L. Maxwell Taylor
    2. Elizabeth Taylor Herd
    3. David Ian Schoen
    4. Alan Bart Lasseter
    5. Samuel Cohen
    6. ···
    8 lawyer answers

    Hospital-acquired ("nosocomial") infections are a hazard of the hospitalization of very sick people whose immune systems may be compromised. Such infections can occur without anyone's negligence; if hospitals were strictly liable for damages caused by nosocomial infections, no one would operate hospitals. Every malpractice plaintiff must, as a general principle of law, prove a breach of the applicable standard of care proximately caused the damages. Hard to imagine how to do this in a...

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  8. I want to file bankruptcy on student loans

    Answered 9 months ago.

    1. L. Maxwell Taylor
    2. Jineane Rae McMinn
    3. Matthew Scott Berkus
    4. James Liu
    4 lawyer answers

    It's very hard to obtain a discharge in bankruptcy of student loan debt. Most debtors still owe their student loan debt post-bankruptcy. And no lawyer can guarantee that a given bankruptcy court will give you a hardship discharge; most courts are reluctant to do so. The article below from nolo.com may provide helpful information.

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  9. Is an LLC and a Partnership the same thing within another? If I wanted to subcontract out of my LLC, is this possible?

    Answered 10 months ago.

    1. Dana P. Shaffner
    2. Glenn M. Lyon
    3. Robert M. Gardner Jr.
    4. L. Maxwell Taylor
    4 lawyer answers

    As a general principle of law, a partnership is not a separate legal entity from its partners. If one of the partners incurs a debt in the course of partnership business, both partners are liable for it. By contrast, an LLC is a separate legal entity, but is treated as a partnership, a pass-through, for tax purposes. LLCs are set up to insulate members from responsibility for business debts. Not legal advice, just general principles. I don't practice law in Georgia or hold licensure...

    9 lawyers agreed with this answer

  10. I sustained a severe traumatic brain injury when I was hit by a car while walking.

    Answered about 1 year ago.

    1. L. Maxwell Taylor
    2. Ilya Novofastovsky
    3. Jason Lloyd Stern
    4. Richard Andrew Harting
    5. Kevin Coluccio
    6. ···
    8 lawyer answers

    I think the limitations period for injuries to the person in California is two years. Surely you knew you had a traumatic brain injury at the time it occurred, although you may not have known the extent of the damages. I think it highly likely the suit would be barred at this late date. However, claims are tolled (i.e. the clock on the statute doesn't begin to tick right away) for various reasons, including the incapacity of the plaintiff, so maybe your window of opportunity is somewhat...

    9 lawyers agreed with this answer