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Anthony J Van Zwaren
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Anthony Van Zwaren’s Answers

1,205 total


  • Custody

    My ex and I can't agree on anything when it comes to our child. We argue about everything to the point where it is not healthy. He doesn't really care about the child. He is always mad about paying child support. When the baby is with him, he bare...

    Anthony’s Answer

    Having sole residential custody is much easier than sole legal custody, because that is essentially terminating the other parent's rights, unless they file to change it. However, as mentioned there are other things that can be proposed like a risk analysis by an expert, or having the court order him to have parenting classes.

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  • Is there a burden on me to prove I was stopped for a reason other than what the cop pulled me over for?

    I was driving and pulled over allegedly for not having a seatbelt. I did have two warrants and was arrested and brought to the station for processing. While being processed the arresting officer told his superior that initially he ran my plates an...

    Anthony’s Answer

    If the officer had probable cause to stop based upon the warranty ts then the seatbelt infraction can be a consequence of a proper stop. If he didn't have probable cause for the stop, then doubtful he could prove the seatbelt. But it's not a moving violation so you have to decide if worth fighting. As mentioned, the warrants were reasonable grounds to stop.

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  • How does a legal guardian find assets and bank accounts of person they are guardian for?

    How does a legal guardian for an elderly with mental problems and dementia find out if this person is receiving social security benefits and fund bank accounts if the mentally imcompetent person doesn't know or won't say where their income or asse...

    Anthony’s Answer

    If you have the social security number and a court ordered appointment, you should be able to get information through Social Security. Then you may also find out if benefits are being deposited by direct deposit, presuming they are not being mailed and mislaid or stolen. As mentioned, you may need to have a forensic accounting to determine other possible assets.

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  • Can I fight a reckless driving ticket as a result of an accident?

    I braked to avoid hitting a car at least 50 feet ahead of me this morning, but since it was moderately raining, my car started slipping. I was in the middle lane, and I swerved to the left onto the grass. My car kept slipping on the grass and hi...

    Anthony’s Answer

    Careless driving is only a 2 point offense, so it becomes a practical matter whether it is worth fighting. As other attorneys mention, the fact that the speed limit is 55 mph does not necessarily help you when weather conditions permit. Have you seen cars going 55 or 65 on an interstate during a snow storm? It is not safe in during heavy rains or flooding either. A careless is a far different matter on your driving record than a reckless charge would be.

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  • $600 left in bank account. I am her only child.

    I have my mother's birth certificate, my birth certificate and death certificate. My name was on her other account but not this one at Wells Fargo $600.00. Sole heir. What do I need to close out the account and transfer it my account at Wells Fargo

    Anthony’s Answer

    As mentioned this is a probate question. Once a person dies their bank accounts are frozen along with safe deposit accounts, etc. You will need to go through Surrogates Court.

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  • Is it constructive eviction if the landlord issues a 30 day vacate notice improperly and the the tenant responds by not paying?

    Due to lack of knowledge, the landlord improperly issued a 30 day vacate notice. However, it was realized later that the notice is invalid as it was distributed with the wrong dates. The tenant may or may not realize this, but since it is invali...

    Anthony’s Answer

    While some of this is unclear, the question as to whether the notice was valid or not, or whether the tenant is a hold over or not, would not permit the tenant to not pay rent. So I believe the landlord can very easily file an eviction action for non-payment. Now if there was a lease or not, and if the lease was abrogated by the improper notice may affect a later claim for unpaid rents pursuant to a lease, but there is no way the tenant gets to live there rent free.

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  • I was pulled over for over due registration ( by 2 days). the officer also gave me a ticket for obscured windshield

    the officer ticked me for obscured windshield (tinted front windows) and expired registration. He accused me of having a "pipe" in my console and I then made me do a sobriety test. which I could not complete. the "pipe" was an electronic cigare...

    Anthony’s Answer

    You don't indicate why you couldn't complete a sobriety test. However, you say you were only ticketed for overdue registration and tinted windows. Unless your tints were factory installed, or you have some medical reason to require tinted windows, the best idea is to get rid of them. You can show an updated registration and likely the expired registration charge will be either dismissed or down graded. Neither charge gives you points.

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  • If a renter dies before his rent is due, and I have POA, can the landlord lock me out of the apartment?

    I started cleaning the apartment out, and the deceased has no next of kin. The landlord knows this, and still changed the locks on the door.

    Anthony’s Answer

    If the tenant has died then this is a matter for the deceased's estate. A POA doesn't survive the death of the grantor.

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  • Non custodial parent concerned about returning child to custodial parent. How much trouble can the NCP get in?

    The NON-CUSTODIAL parent (NCP) of a 6 year old girl is deeply concerned about the well-being of the child. Where we live, the law defaults the CUSTODIAL parent (CP) with full legal custody although there is NO other custody order in place. The chi...

    Anthony’s Answer

    It is unclear what your position is since you do not appear to be the parent. Obviously, whatever the concerns may be for the NCP they cannot withhold the return of the child because they can face serious consequences. However, as mentioned by the other attorneys, they can file an emergent petition in the court that has jurisdiction (and it was suggested it may be a different state). The other choice the NCP may have if they have concerns about the child is to contact the Child Abuse Hotline if things are serious enough regarding the child's condition.

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  • Can a landlord break a lease if one of the current tenets passes away?

    I moved into a rental property yesterday with 5 people on a lease but I am not. I currently do not have enough for the security deposit but one of the tenants committed suicide. I payed rent yesterday and now the landlord is demanding security fro...

    Anthony’s Answer

    • Selected as best answer

    You are not on the lease and you are not legally a tenant, but an occupant. You said one person died but you do not mention the status of the other remaining people on the lease. If they were tenants with the deceased, then I do not see why he would be demanding a new security from you, if the surviving tenants are remaining. However, you are a subtenant, and your rights are only those belonging to the people on the lease at present. Consult an attorney, because more details are needed.

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