Neil William Tyra’s Answers

Neil William Tyra

Rockville Elder Law Attorney.

Contributor Level 9
  1. Personal injury settlement- ballpark/estimate or worst case scenario, how much, and how long? (some info provided 2 base answer)

    Answered over 1 year ago.

    1. Stephen P Norman
    2. Ismail T. Shahtakhtinski
    3. Neil William Tyra
    4. Matthew C Simon
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    You have the basic analysis correct in terms of what's called the "collateral source rule" meaning that the responsible party/insurance company can not take the fact that you used your medical insurance nor your sick leave. I think the major difficulty is the trip & fall nature of the case. These types of cases are very difficult to prove and win. If the defendant involves his insurance company, things get more difficult because the insurance company's attorney will surely explore all...

    4 lawyers agreed with this answer

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  2. Do I need a will?

    Answered about 1 month ago.

    1. David Raymond Mahood
    2. Jeffrey B Henry
    3. Neil William Tyra
    4. Robert Ricci
    4 lawyer answers

    From an estate perspective, if you die without a will then the laws of intestacy control how your estate is divided. Under those circumstances, your husband (widow) would be entitled to a 1/3 share of your estate. The court would appoint an executor of your estate who would gather up all of your assets and liquidate or sell them and distribute the proceeds. A will could protect you and determine where your assists go. So if your home was purchased before your marriage and is presumably titled...

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  3. Concussion/head trauma statute of limitations.

    Answered 5 days ago.

    1. Scott R. Scherr
    2. Neil William Tyra
    3. Josh P Tolin
    4. Christian K. Lassen II
    5. John L. Schroeder
    5 lawyer answers

    Probably not as the statute of limitations is three years. But it may be possible that the statute could be tolled (delayed) under some circumstances. So for instance, if you only learned of the injury within the last three years then it may be tolled. But even there, you learned of your MS diagnosis five years ago. so it probably is a mute point now. But you should check with an appropriate personal injury attorney to get an additional viewpoint.

    4 lawyers agreed with this answer

  4. My husband is a fugitive of the law & has fled the country. Can I move forward with divorce and division of property?

    Answered 2 days ago.

    1. Neil William Tyra
    2. Jeffrey B Henry
    3. Jeffrey P Nesson
    4. Evan Michael Koslow
    4 lawyer answers

    You certainly can proceed with a divorce action but it is difficult. I presume from your questions that you "separated" sometime in the middle of this year and you are basing your eligibility to file for divorce on the grounds of a one-year separation. If the abuse was recent and provable, you may be able to file earlier on the grounds of abuse but it a bit more difficult. In any case, you most likely would also have to prove that you have notified him that the complaint for divorce has been...

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  5. How is cost basis tracked when liquidating shares from two trusts--by terms of trust or by actual liquidation?

    Answered 6 days ago.

    1. Neil William Tyra
    2. David L. Carrier
    2 lawyer answers

    The IRS will not look at the terms of the trust to determine the cost basis of the sale/transfer of the stock. It will look at the actual shares themselves. If the intent of your parents was that you and your brother share equally, then in all likelihood you would owe your brother the difference. Consult your accountant.

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  6. I would like to know if a judge would have grounds give my children to their father?

    Answered over 1 year ago.

    1. Neil William Tyra
    2. Barry J Rosenthal
    3. Thomas E Mulinazzi
    3 lawyer answers

    In order to change the custodial arrangements, your ex-husband would have to file a petition for modification. In order to prevail, he has to pass a two step process. One, he has to show there is a material change of circumstances - meaning something is fundamentally different from when the original order was issued. Moving and having dating relationships does not meet that criteria in my opinion from what I have seen in the court. But assuming that a judge saw it differently and did feel like...

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  7. Can the clerk at the Montgomery County Circuit Court provide info/update on my case?

    Answered over 2 years ago.

    1. Neil William Tyra
    2. Neveen H McLeod
    3. Theodore B Godfrey
    3 lawyer answers

    In actuality, Montgomery County is remarkably timely in updating the information on the Maryland Judiciary Case Search site. In contrast, other nearby jurisdictions (namely another just around the beltway) are almost negligently lax in doing so. Usually, if you have filed a motion and the other side has failed to file a response in the allowable time to respond, the motion is typically granted. However, if the court feels there is more information necessary for them to act on your motion, they...

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  8. Does my daughter have to disclose her address to her husband (through his lawyer) ?

    Answered about 1 month ago.

    1. Evan Michael Koslow
    2. Neil William Tyra
    3. Thomas K. Mallon
    3 lawyer answers

    It's not really clear what your question is. What info is your daughter suggesting she has to disclose? The 2 kids are out of the house and in college? If that is the fact, then child support would not be an issue as it only applies for children under the age of 18 or 19 if still in high school. If you are asking must she disclose where she is living, then the answer is no, not really. As long as her pleadings (the papers that start the divorce) are accurate about how long she has lived in MD,...

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  9. How do I counter a Motion to Dismiss in a divorce case?

    Answered about 2 years ago.

    1. Neil William Tyra
    2. Robert A. Stumpf
    2 lawyer answers

    You would have to file an Opposition to the Motion to Dismiss asserting that you were never served with the Motion and that you want the court to proceed on your Complaint for Absolute Divorce. Go to the court and look at the file and determine what the basis for their assertion that you were properly served as the basis for your opposition. I'd suggest you look for an attorney you can afford in order to help you.

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  10. Should I fill in DC or Maryland?

    Answered 5 days ago.

    1. Neil William Tyra
    2. Evan Michael Koslow
    2 lawyer answers

    Until the order is transferred from DC to MD you are still obligated under the DC Order. You should respond to the Motion for Contempt with evidence that a) you paid the obligation and b) you have asked that the order be enrolled in MD. Stay on top of both actions.

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    1 person marked this answer as helpful

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