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Jan Matthew Tamanini

Jan Tamanini’s Answers

343 total


  • Bride cancelled wedding leaving alot of expensices mother of the groom gown, shoes, rehearsal dinner dep, invitions.

    Is the bride responsible for these expensives?

    Jan’s Answer

    The most important point for you: read your contracts. Especially with the venue where you had the rehearsal dinner, you may have a period of time in which you can get all or part of your deposit returned to you. If you have not yet worn your gown, and there were no alterations made to it, the seller may accept a return. Same thing goes for the shoes.

    Regarding the invitations, again the contract should show what your liability may be, but if the printing is not yet done, you may be able to cancel any further work and get a part of your payment credited. Many retailers accept returns to promote goodwill and favorable word-of-mouth in their respective areas.

    Retailers are not required to accept returns, but many have their own return policies where they will accept merchandise for a full refund within a set period of time (30 days, 90 days) and if the return is made after that time you would receive store credit. Again, EVERY retailer sets its own policy, from no returns for any reason to generous policies giving refunds. Call or go in to each one and ask.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • Can i legally "divorce" a sibling who is cruel to me?

    i have a sister who has been nothing but cruel to me throughout my life. she has emotional issues and has been on phychotrophic drugs for almost twenty years. we are in our forties now. she is my only sibling and is very jealous of me. she ha...

    Jan’s Answer

    You have several options here, but first I must admit I'm a bit confused by what you refer to as her "next of kin powers" - unless you are incapacitated and have not appointed someone through a power of attorney to be your attorney-in-fact, your sister would have no legal authority over you.

    First, make sure you have set up durable financial and health care powers of attorney, naming someone you know and trust to handle your financial and health care affairs. The person you appoint will then have the authority to make decisions for you. The financial power of attorney can become effective immediately or be limited to when you are not able to act for yourself (called a "springing" power, which I do not recommend, since it presents problems for your representative in proving that you are incapacitated). If you don't trust someone to handle your affairs for your benefit when you're healthy and able to handle them yourself, that person doesn't suddenly become more trustworthy by virtue of your later incapacity.

    If you make a durable health care power of attorney and advance directive ("living will"), you then authorize someone else to handle communications with health care personnel in the event you are unable to communicate. The same degree of trust as in the financial power of attorney is important here.

    In addition to making your powers of attorney, you should also make your will to ensure that your sister does not inherit anything from you, that all of your property would go to your children and whoever else you might want to receive any of your belongings.

    Finally, if your sister has threatened or hurt you, you might want to consider some additional alternatives:

    One, contact the Philadelphia Domestic Violence Hotline, a free 24-hour resource for individuals with questions or concerns about domestic violence, at 1-866-723-3014. The hotline could talk with you about the possibility of getting a restraining order against your sister. The hotline's website is http://bit.ly/JVmb01.

    The hotline staff could refer you to an attorney who could assist you with a restraining order, or you could call the Philadelphia Bar Association's Lawyer Referral service at 215-238-6333. The participating lawyers charge $30 for a one-half hour consultation.

    In addition to a restraining order, if your sister is mentally unstable, you could talk with an attorney to see if there is a chance that you could get her involuntarily committed to a mental health facility for treatment if she is a danger to herself or others. The lawyer referral service could help you with that as well.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • How do children of a dying parent get power of attorney.

    it is five chidren

    Jan’s Answer

    In addition to what the other attorneys have already said, if the parent is no longer competent to grant a power of attorney, the children would have to petition the local court for guardianship of the parent. This is something you should have an attorney handle for you. Contact the Philadelphia Bar Association's Lawyer Referral Service to get help, giving all of the details of your situation. The service chrges $30 for a half-hour consultation. The website is http://www.philadelphiabarlawyers.com, and the phone number is 215-238-6333.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • My father signed the poa with an x,what do i do to access his bank accounts.

    how can i access my fathers accounts(bank)...he did sign the poa with an x.how do i do this process..properly need legal advice..

    Jan’s Answer

    Is your father still alive? If not, the POA is void, as it expired upon his death.

    If your father is still alive, are the individuals who witnessed his signature, if the POA had witnesses, available, and did the notary who certified the document include a statement that your father was voluntarily signing the POA and of sound mind when he signed it? If so, the bank should accept the notarized power. If not, you are likely to have to get another POA that conforms to PA legal requirements.

    You might want to consult with the Philadelphia Bar Association's Lawyer Referral Service to get help; giving all of the details of your situation to someone there who could help you; the service chrges $30 for a half-hour consultation. The website is http://www.philadelphiabarlawyers.com, and the phone number is 215-238-6333.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • What can i do to access my father bank accounts with a poa

    My father has passed yesterday..i have a poa .im ask advice how can i get to his accounts legally with the poa

    Jan’s Answer

    As the Florida attorney mentioned, powers of attorney stop at the death of the individual granting the power. If you think (or know) your father had a will, you should do a will search -- look through his papers, and if needed his bank will open a safe deposit box with a witness to search for a will in that box.

    If you can't find a will, and no one else who was close to your father has any knowledge of one, you would have to go to the register of wills in your county and petition for letters of administration if you want to be the personal representative (executor) of the estate. You would have to provide other children and grandchildren (if they are adults).

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • If a will states for all of my children be treated equally and one gets more does the executrix have the right to make sure

    one child was put on the house as co owner before death and got the whole thing when she died but she gets 25% of everything else the house was excluded in the will for some reason also there was other property and moneys to be divided as equals b...

    Jan’s Answer

    From what you have said in your question, it appears that one child was made a joint owner with right of survivorship -- which means that the house would not have been part of the probate estate, and therefore if the will said that the estate was to be divided equally among the children, unless there was a recognition of the lifetime gift of the house in the will with instructions that the home's value was to be subtracted from that child's share.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • Can i get my money that i loaned another to buy a vehicle if the vehicle is not in my name?

    I have text messages stating that a person i lent money to would pay me back. they borrowed the money for a vehicle. if the vehicle is not in my name can i get the money back or the vehicle if taken to court?

    Jan’s Answer

    You would not be able to get the vehicle unless your name was on the title or you had a lien recorded on the title with the Department of Transportation.

    You may, however, be able to recover if you sue the person who borrowed the money from you. Having your text messages as evidence would be important, as well as anyone else who may have knowledge of your having an agreement with this individual (someone who may have been present when the two of you made your agreement, or someone to whom the borrower admitted you loaned him/her the money).

    If the amount is under $8,000, you would file your claim in the magisterial district in which you made the agreement, or where the borrower lives.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • My mother's husband died suddenly and without a will. Is she automatically entitled to everything?

    My stepfather's daughter has had no contact with her father for over 20 years. He and my mother were married for 10 years and she will not able to live by herself. Is the daughter entitled to any of the proceeds when the property sells? The dau...

    Jan’s Answer

    One other important point: all of the previous answers assume your stepfather lived in Pennsylvania. If he and your mother lived in another state, the intestate laws of that state (where he was living at the time of his death) would control the distribution of the estate. Each state's intestate distribution laws are different, so it's important to check with an attorney or law library in the state of his "domicile" before making a final determination.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • As the executrix of my aunts will what rights do I have to get her banking records and her investment records.

    There was a third party that had power of attorney of my aunt matters but when she died that power of attorney was over. My aunts went into a nursing home and she had a lot of investments when she went in and now there is nothing they even put he...

    Jan’s Answer

    To supplement the other answers, if you suspect that the individual with your aunt's power of attorney was abusing that power, you may as personal representative of the estate (assuming you have opened the estate) request that the person with the power of attorney provide an accounting for all of the funds in your aunt's accounts.

    To get the records from the bank and funeral home, present them with short certificates, which you would get from your Register of Wills after opening the estate, and they would be required to provide you with that information.

    Now, to one point you haven't asked directly, but I suspect may be part of this: nursing home care is VERY expensive. Even people with significant assets may exhaust those assets if they spend any significant time in nursing care. Applying for Medicaid requires a LOT of paperwork and financial information, and there is a "look-back" period in which any money spent over between three and five years (depending on the date of admission) before requesting medical assistance can delay a person's otherwise qualified application from approval. It's therefore possible that your aunt's investments were used up for her care prior to her death.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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