Joseph B Barnes III’s Answers

Joseph B Barnes III

Milford Family Law Attorney.

Contributor Level 8
  1. If the Executor moves in to the estate does he still have to pay mortgage and utilities

    Answered over 1 year ago.

    1. Joseph B Barnes III
    2. Christian K. Lassen II
    3. Ruth Elaine McMahon
    3 lawyer answers

    Why is he in the house? for his benefit? He should pay fair rental value. Is it to preserve and protect the property, eg "Bad neighborhood"? then it depends on whether it is reasonable. Is he entitled to fees for services and is the amount received as deferred or waived rental a form of compensation? I agree the estate should be settled ASAP but that's not always quick enough. In any event, questions of fairness, "equity," can always be brought to the probate court. I recommend you have YOUR...

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  2. I lost my life insurance policy that I was supposed to keep till child is 23. can I be put in jail for this.

    Answered about 1 year ago.

    1. Joseph B Barnes III
    2. Christian K. Lassen II
    3. Brian S Karpe
    4. Tatiana Kadetskaya
    4 lawyer answers

    n order to be jailed you must first be in contempt of a court order. You HAVE (apparently) been ordered to maintain insurance. You must first be brought before the court on a motion for contempt, presumably by your Ex or by the State if involved. Next they must show by the evidence your contempt is willful (intentional). You have he right to present evidence that the loss of insurance was not your fault. In these circumstances you would probably win - NOT go to jail. Keep all your records to...

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  3. I had my spouse on my health insurance when I filed for divorce. Can I remove the spouse after my spouse moved out?

    Answered over 1 year ago.

    1. Peter Stephen Kirner
    2. Lee Alan Thompson
    3. Joseph B Barnes III
    4. Christian K. Lassen II
    5. Tatiana Kadetskaya
    5 lawyer answers

    Generally NO. In Connecticut and most jurisdictions you cannot unilaterally dispose of joint or the other spouse's property or rights. You would have to ask the court by motion for any such changes to be approved with proper notice to your spouse. Once divorced it is easy: your spouse will not be allowed to stay on your policy but could only obtain continuation under the same policy but just for him/her under COBRA.

    7 lawyers agreed with this answer

  4. I was arrested for a 2nd DUI while on probation for my first. I blew a .07. Will I be facing considerable jail time?

    Answered about 2 years ago.

    1. Matthew Murillo
    2. Sean Anthony Brady
    3. Andrew Stephen Roberts
    4. Michael Korry Bialys
    5. Joseph B Barnes III
    6. ···
    6 lawyer answers

    I'm in Connecticut so I'll tell whoecvr reads this what can happen here under these circumstances. First .07 is not enough for a prima facie case. The Breath testing quipment measures alcohol by volume. the law requires .08 BY WEIGHT. That conversion will lower your level even more. You are not guilty, get a lawyer. I have a case pending where the actual breath test is below .08. He has not dropped the charges (yet). His contention is that he has convicted perople just on an officers testimony,...

    6 lawyers agreed with this answer

  5. How important are character reference letters proving you are not unfit to the defense accusations in regard to custody?

    Answered over 1 year ago.

    1. Joseph B Barnes III
    2. Michael R Varble, Esq.
    3. Christian K. Lassen II
    4. Lee Alan Thompson
    4 lawyer answers

    I do family and criminal work and agree with the above posters. At trial letters are nearly useless. They can however be helpful to family services investigator(s) if they are looking into various issues. If you are charged with neglect or any related criminal charges, letters can also be helpful during the negotiation stage by your lawyer with the state's attorney.

    4 lawyers agreed with this answer

  6. When criminal charges are dismissed how high will the fines be and what if I cant afford them

    Answered over 1 year ago.

    1. Joseph B Barnes III
    2. A.J. Arias
    3. Daniel Nelson Deasy
    3 lawyer answers

    If criminal charges are dismissed, there are no fines or penalties, the charges against you are dismissed, Dropped, Gone. If your question is you may face a deal where the prosecutor will drop charges if you ,for instance, pay restitution, give to charity, etc. without the formality of entering a pre-trial intervention program like AR (Accelerated Rehabilitation), then that would be what you pay. the prosecutor does not "Dismiss" the charges, that can only be done by a judge, he issues a "nolle"...

    4 lawyers agreed with this answer

  7. What is most likely going to be my punishment for my second dui? jail time or community service rehab ?

    Answered over 1 year ago.

    1. Stuart Hawkins
    2. John Paul Thygerson
    3. Joseph B Barnes III
    3 lawyer answers

    First Offense: Typically 2 days jail minimum or 100 hours of community service, $500-1000 fine years suspension, Attendance at MADD seminar, etc. 2d offense: 4 months in jail non-suspendable, further license suspension, fines, probation, treatment, etc Get a lawyer this is not kidding around

    3 lawyers agreed with this answer

  8. Does CT statute 20-247 apply to commercial work?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. John M Connell
    3. Joseph B Barnes III
    4. Lee Alan Thompson
    4 lawyer answers

    Sec. 20-247. deals with the Appeal rights for a BARBER aggrieved by a final decision of the Department of Public health. Section 20-427 deals with unlicensed contractors offering or performing services on RESIDENTIAL property. Each Violation: offer, performance, etc., can be deemed a separate crime punishable as a B-Misdemeanor (up to 6 mos jail time). GET A LAWYER!

    3 lawyers agreed with this answer

  9. I work either a 8 or 12 hour. What are the rules on meal breaks. We currently do not get one. We have to eat when we can in

    Answered over 1 year ago.

    1. Joseph B Barnes III
    2. Craig Bernard Mitchell
    2 lawyer answers

    You have specific rights as an employee. Failure to honor them can be the subject of a lawsuit against the employer which could earn you money damages.

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  10. Is it worth hiring a real estate attorney to verify my original P-Note has been legally transferred and still exists?

    Answered over 1 year ago.

    1. Joseph B Barnes III
    2. Edward S Noble III
    2 lawyer answers

    Be VERY careful when you get a "send ME the money" request. You are protected by a law that requires the old mortgage company and the new company to send you notice of the sale of the note and you have the right for a period of time (2 mos) to send your payment to the old servicer and let them sort it out. The problem to be aware of is FRAUD. There are unscrupulous persons who CLAIM they bought your loan but didn't, You pay the "new" holder. after four months the "old" lender asks why you...

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