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Theodore W. Robinson

Theodore Robinson’s Answers

5,214 total


  • My husband is from Republuc of Georgia and is still married there. They have been separated for 16 yrs. I did not know this.

    We married 5 months ago in the church. Is my marriage valid? What is my obligation here? He claims that in Georgia, if you are separated for more than 10 years, then the marriage becomes invalid. I want to stay married to him

    Theodore’s Answer

    Unfortunately, if he was married at the time of your marriage, he was actually unable to legally marry you, despite where he was married before. He had to sign a statement to get the marriage license saying he was not previously married or he had to produce a Divorce Decree. If he simply said he wasn't married, your marriage was based upon a fraud by him. I'm sorry, but that's the law.

    However, if the two of you want to remain married, he'll have to initiate a divorce from his first wife and then, once it's granted, he can again marry you. By the way, it doesn't matter what the law in Georgia is if he's been living in NY for more than a year. Then NY has jurisdiction and the NY law applies and they do not honor whatever was done in Georgia. However, speak to a local attorney and find out.

    Good luck.

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  • Requesting for a criminal case.

    In 250 years of American Juris Prudence, has it ever been proven that a Criminal Defense Attorney conspired with prosecution to obtain a conviction against a defendant? If so, may I please have the cite. Thank you,

    Theodore’s Answer

    On a purely factual basis, What purpose would a lawyer have to "conspire" with a prosecutor in order to obtain a conviction against his/her own client? Such a question would never arise in my mind. However, I know of a couple of criminal lawyers who have done such things - but not in order to conspire with the prosecution, but simply to get the client charged so they could earn a bigger fee.

    By the way, I believe it would be a breach of the Canons of Ethics for either lawyer to conspire for that purpose. The whole idea of the justice system is a search for the truth. While many lawyers on both sides of the aisle tend to get caught up in what they're doing to the point that they may cut corners or do something they shouldn't do, they rarely if ever agree with each other as to the outcome of a case. In fact, it is quite the contrary. Lawyers intuitively argue with one another in that search for the truth and in the sincere belief that in the crucible of fire of the trial, the truth will unfold naturally. At least that's the hope.

    Good luck on your search. Let us know what you discover.

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  • Divorce

    If my husband files fir divorce and takes his time perusing it what can I do to get it done on my own

    Theodore’s Answer

    Speak to a local divorce lawyer. His papers may not be properly drafted. They might not have been properly served. They may have been left abandoned by now. Or they may still be pending. Those are just some reasons why you would be well served by consulting with a divorce lawyer now.

    Last, but not least, as the others have said, you can have your attorney file a counterclaim and then, if he doesn't pursue his divorce, you can pursue yours and get it finalized soon.

    Good luck.

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  • Mom and Dad both had a will naming each other, mom died, Dad remarried, Dad died in 2007 and there has been no will yet, why?

    what can I do to get a copy of his will, and is it legal not to have the will read or filed shortly after death, is there a time limit for filing, can she hold onto the will without having it read

    Theodore’s Answer

    While I don't practice in your state, most states have a legal requirement that the person holding the Will must file it within a year of death, but that may not apply in your state. I suggest you speak to an Estate attorney in your state for the best information on this issue.

    However, if no Will was probated, was there an Administrative proceeding done? If not, and there was solely owned property in your father's name, then an Administration proceeding is usually required in order to get it out of his name.

    Speak to a local Estates attorney soon.

    Good luck.

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  • Mom died with no will. My siblings are taking care of business, but not keeping me informed. Don't want to be cut out...

    Dad died many years ago and left everything to mom. I have 4 siblings, one of which has taken charge of the situation, but won't tell me what's going on. I think there may be bank accounts and there's definitely a house. I went to probate court...

    Theodore’s Answer

    As you said, there was no Will, so this is an Administration proceeding in Surrogates Court. It should have already been filed in that Court, so it is a public document that you can review when you want. Speak to the Intestate Clerk and they will usually assist you.

    Meanwhile, if they haven't notified you, that could be a bad sign because if they've filed for Intestacy, they usually would have to give you official notice and serve an Affidavit of service with the Court. If that hasn't happened, then you need an attorney quickly who does Wills, Estates and Trusts to contact the sibling who is handling it and/or the attorney. You can also demand what's known as an informal accounting or a formal accounting so that you will be given complete financial information about the estate and who is getting what and who isn't and why.

    If all that fails, you can file for an Administration proceeding and ask to be the Administrator. That will get your siblings talking to you pretty quickly and then they'll want to discuss settlement right away, but you'll likely need an attorney for that, so hire an attorney right away and follow their advice.

    Good luck.

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  • Can the ATF legally search and seize guns from my home because I have a friend who is a convicted felon that visits my home?

    Friend is convicted felon who has served time for a drug charge. Friend visits my home and occasionally stays over night. Friend has own home and different address than mine. ATF searched my home and seized guns that belong to me. Was it legal...

    Theodore’s Answer

    With all due respect to the other attorneys who answered this question (and considering that I do not practice in your state, but in NY) any law enforcement agency who invades the privacy of anyone's home must have a legitimate cause to do so. That starts with having a search warrant. To obtain a search warrant, they must allege to a Judge that a crime is being committed in that residence or you are harboring a criminal at large or some other legal reason to invade your home.

    Absent a search warrant, the law enforcement agency (any agency) must have a basis to invade your home without a warrant. If they chased your friend into your home after they believed he committed a felony or another crime which was in progress, then they may have a basis for invading.

    However, all invasions of a private residence must be justified before a Judge afterward - or any evidence which they wish to use against that friend of yours who happens to be a felon, should be inadmissable as a matter of law. That means that even if they charge him with weapons possession, he should have a fighting chance to beat any such charges.

    However, that may in large part depend upon how liberal the Georgian judges are and that may be why you've already received the answers you have from my Georgian brethren, who I wish well.

    Good luck. Hire the best criminal defense attorney you can find and get that invasion and all evidence that came from it suppressed.

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  • Can my contractor charge me list price and not his price for materials (tile) for the job?

    My contractor has allocated me $5 per square foot for tile. The tile I picked out is $4.99 per square foot. The tile place stated that contractors get about 15% discount. My contractor stated that the discount is his and not mine and on top of ...

    Theodore’s Answer

    The terms of the contract control. Read your contract very carefully to determine the exact price.

    But from what I'm reading, are you really arguing over a one cent difference per foot? As for the tax, that's inherently paid by the end user, so you can either pay it now or you pay it later on the overall job - but it should not be on both. If he pays sales tax on something he buys to use in your house, no judge would expect him to absorb the tax expense when you are the final recipient of the product purchased.

    Good luck.

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  • Want to brake up .

    I am 13 and I love a guy in Federal prison , he is 13 yrs older than me and is there bc he was trafficking drugs I promised to Waite for him and now I want to brake up is it illegal if I do that ? If I stay with him can we get married when he get...

    Theodore’s Answer

    • Selected as best answer

    You should break up with him as soon as possible, but do it nicely. He had no business even going out with you since he's 13 years older than you and you're not of the age of consent as another attorney mentioned. However, in addition, you may want to advise your parents so they can assist you in some way. It appears from what you've written that you're not entirely sure of many things. One thing to be sure of is you are far too young to be even contemplating marriage. Give yourself time to grow up and enjoy your youth. Marriage will follow naturally - when it's time. It is not time yet, so break up with him now and give yourself the mental and emotional freedom to enjoy your youth. You may want to even give him the ring back so he can't try to claim anything later when he gets out of prison.

    Good luck.

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  • I was subpoenaed to appear as a witness to a domestic violence case in Nevada.

    After i appeared and gave my statement they did not provide me my $25 check or gas money for driving down there and missing a day of work. They said they would have to mail me the check and id get it weeks from now. On the subpoena it clearly stat...

    Theodore’s Answer

    You may want to consider advising the attorney who sent you the Subpoena that since you did not receive the necessary fees as clearly stated on the face of the last Subpoena, you will require that they pay you all you are due for both of them before you attend again. Otherwise, you no longer trust their word and will apply to the Court for relief from their Subpoena.

    You may want to speak to a local attorney just to be safe too.

    Good luck.

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  • Divorce -- husband has hidden bank account

    I am currently getting a divorce. My husband has been hiding money from the family and opened an account with his mother where he put all of it away. The mother was deported 20 years ago but remained in the country. Obviously she had no working au...

    Theodore’s Answer

    Your attorney can Subpoena the records directly, but also can seek to hold your Husband in contempt for refusing to turn them over to you.

    Moreover, you say your mother-in-law was deported, but she's still in the country. That appears to me to be your leverage if you're looking for any and it seems you need some leverage. Speak to your lawyer about that as well, but that is a strategy issue, not necessarily a legal one.

    Good luck.

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