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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,062 total


  • If my father is getting older and we are going to sell his house to pay for assisted living care. Can items such as an old car

    be given to a brother. Car is only worth about $1000. My other brother is concerned that would be considered a gift and WILL CAUSE IRS issues or if later if his money is gone before he dies that if he needs medaid asst. that mig...

    L. Maxwell’s Answer

    There may be a way to save the house. It depends upon the jurisdiction. In some jurisdictions one can deed the house to offspring while the elder retains a life estate, and that transaction does not "count" for purposes of the lookback rules for medicaid eligibility purposes. Doesn't work everywhere, though. This is why consulting with an elder-care lawyer is obligatory.

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  • I am 4'7" and 29 years old, can I get disability?

    I am 29 years old and around 4'7. I've been a hairstylist for going on 8 years. My whole life I've been told because I'm short I could get disability and training for a new job. As the years progressed the nature of my job has taken a really hard ...

    L. Maxwell’s Answer

    Social Security Disability benefits are available to people who have worked in twenty out of the last forty quarters and who, by reason of a severe mental or physical impairment, are unable to engage in "substantial gainful activity" which means any job that exists in the national economy at which one could earn more than $1,090 per month. If any job exists that you are capable of doing at which you could earn more than $1,090 per month -- that's less than thirty hours a week at $9/hour (4.3 weeks per month) -- you are not "disabled" for purposes of Social Security Disability.

    These cases really turn on the medical records. Consult a lawyer who handles Social Security Disability cases who can meet with you and review your medical records to see whether in his or her opinion you have a fair shot at getting SSDI benefits. You don't need a lawyer to apply for them yourself, and most lawyers won't take an SSDI case until you've applied and been turned down, and have appealed to SSA asking them to take a second look, and have been denied again. At that point you become entitled to a hearing before an administrative law judge, and that's the point where having a lawyer may make a real difference.

    Good luck.

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  • I got I staph infection following an ankle fusion could I file a lawsuit ?

    I was admitted to the hospital for 6 nights and have not went back to work yet.I have endured a lot of pain and suffering.It also is beginning to hurt me financially as well.

    L. Maxwell’s Answer

    There are many circumstances in which complications, including bacterial infections, ensue from surgical procedures without anyone having been negligent or having committed malpractice. We live in an age of extraordinary technology and sterile practices which has ushered in an age of unprecedented good results. However, no one is assured of a complication-free recovery or a good result--complications happen, as do bad results.

    The difficult reality for people to hear is that physicians have plenty of room to make mistakes without running afoul of the standard of care, and that complications can happen which are no one's fault. The burden is always on the plaintiff in a civil action to demonstrate that the professional violated the standard of care, and that the failure to observe the standard of care proximately caused the patient's damages. That's really hard to do in the case of a post-surgical infection. Above all it requires expert testimony from a physician, which generally costs hundreds of dollars per hour for evaluation and formulation, and even then it must meet the standard of "reasonable degree of medical certainty." Do you think these doctors know to a "reasonable degree of medical certainty" how a patient got a staph infection? Staph bacteria are everywhere. Even the most careful sterile technique may not prevent a bacterial infection. Someone changes a dressing, there's some bacteria in the air or on the person's clothes, and the patient ends up with an infection. Hard to know, hard even to guess.

    But you can ask a medical malpractice lawyer to review the records and see if you have a prayer. Consult one in Texas. I practice in Vermont ONLY, so don't take what I say here as legal advice. It's just my two cents and a discussion of some general principles of law.

    Good luck and may you heal up and give this matter little thought after that.

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  • Can a bar/restaurant refuse you service for no reason?

    Can a bar owner refuse service to anyone just because they have a sign up saying we have a right to refuse service to anyone? Went into this bar/restaurant ordered food owner sat there and watched me eat paid my check then came over to me and said...

    L. Maxwell’s Answer

    As a general principle of law, so long as a place of public accommodation doesn't discriminate on the basis of a patron's membership in a protected class, it may freely turn away those whose business it does not want. A business may declare a particular person persona non grata (personally not welcome) because the owner doesn't like him, for example, or because he's the ex-husband of the owner's niece, or because his personal hygiene leaves something to be desired, but NOT BECAUSE, say, he's black, or Jewish, or of Asian Heritage, or because he speaks accented English, etc. If you believe you have suffered unlawful discrimination at places of public accommodation, contact your state's Attorney General's office to file a complaint of discrimination.

    Not legal advice, just an explanation of some general principles of law. Consult Minnesota counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Dear Sir, If I can SHOW the Court's wrong understanding of my case, and so giving a verdict on a

    case that never happened, As I was in a coma, ,then a zombie.,could not do much.-=so the misunderstanding. Hence. Do I get a chance to make an appeal automatically, without paying any attention to the statute of limitations. To do this, wha...

    L. Maxwell’s Answer

    Under certain circumsances, a statute of limitations may "toll" (be delayed in starting) on account of an incapacity of the plaintiff. You don't say enough here to permit an evaluation of whether tolling may apply to your circumstance. For that you must see a lawyer who handles civil litigation. Much turns on the specific facts and whether a disability of the party existed at the time where it mattered.

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  • A TOP RATED DIVORCE/FAMILY LAW ATTORNEY IN THE SACRAMENTO CA. AREA NEEDED WITH A TRACK RECORD OF AT LEAST 90%.

    I can not believe the legal system when it come to TRO's. When it come to restraining a man but not a women this is a double standard. Our son's wife is attacking him while he sleeps, punching him in his face, blacking his eye and spraying him in ...

    L. Maxwell’s Answer

    Understand why "track record" has nothing to do with anything: In making a judicial determination (such as whether to issue a TRO or not), the judge cares about the people the lawyer represents, not the lawyer him- or herself. What lawyers say is not evidence. Every lawyer has clients who should lose as well as clients who should win, and almost every case has some "bad facts" which are going to come into evidence because there can be no meritorious objection to their introduction. Under such circumstances, what can a "track record" or some "percentage" mean?

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  • Hi there. I need some help please. I want to patent a blend and formula what do i need to do?

    I want to be able to say This product contain patented unique blend that formulated specially to deliver maximum results"

    L. Maxwell’s Answer

    It's expensive to seek a patent. It's not just a matter of filling out the right forms. Expect to spend a bunch of money on a patent lawyer. Patent applications are no sport for amateurs--even lawyers who aren't admitted to the patent bar don't touch them.

    But if you don't actually need a patent, if it's just a trade secret, don't waste your time seeking a patent.

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  • What are my rights as a car owner to prevent a collision repair shop from selling my car?

    Unpaid repairs

    L. Maxwell’s Answer

    The link below looks relevant. Take a look especially at Sections 70.001 and 70.006.

    Not legal advice, just general information. I don't practice in Texas so if you need legal advice consult Texas counsel. I practice in Vermont ONLY.

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  • How to ensure photographer doesn't post or share semi nude photos?

    I was doing a photoshoot with a photographer that I didn't know. He coaxed me into taking my top off and I got semi nude/risqué photos. It was in a public place (park/waterfalls/pool). Later he posted one of the photos on his Instagram even though...

    L. Maxwell’s Answer

    Is it possible you can persuade him to sign an agreement to destroy them or not to publish them? Sure. But since he has the photos and you don't, I can't see how you can "ensure" he deletes them or doesn't post them. If he posts them publicly, you may have some legal remedies to make him unpost them, but unless/until he does so, I am not sure you have any legal power to control what he does with them.

    If you just want copies, and he won't provide them, I suppose you may have a contract claim in small claims court, insofar as your participation in the shoot was consideration for him providing you with the photos he took.

    Not legal advice as I don't practice law in California. It's just my two cents on the facts you describe in light of general principles of law. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

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