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Robert L. Flanagan

Robert Flanagan’s Answers

46 total


  • If buyer does not ask seller to fix an item on their inspection report and an issue arises months later is the seller liable?

    Buyer had inspection and the report recommended having a licensed contractor follow up on certain areas for further evaluation but did not. The buyer also did not ask me to fix it or even mention it at all. Now there is an issue with the area in q...

    Robert’s Answer

    You will need to review your sales contract of sale to see if you sold your property " as is" or gave warranties to the buyer regarding the condition of the property. If you sold "as is", you may be off the hook. Did you have a seller's agent? You might try talking to him/her first. Than I'd suggest you go over this with a lawyer.

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  • What am I entitled to in the case of my husbands death

    My husband just passed the 20th of July. My question is I was living off of his income. I was his care taker until he went to nursing home. He gets a social security check and a pension check each month. Will I still be entitled to them both. ...

    Robert’s Answer

    You are eligible to claim under his social security or yours, but no both. As for the pension, it depends. Some plans have a right of survivorship to a spouse. Get the address of the plan administrator and send a copy of his death certificate and your marriage certificate.

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  • Husband & I have been separated for 7 yrs. How can I find out what debt he may owe that I am responsible for?

    Before I file for divorce, I'd like to be certain what Facts I need to know. I am a senior citizen.

    Robert’s Answer

    Mr. Nolan is correct. You need to get a credit report.

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  • Do I need a search warrant to get the deleted text content from my wifes phone. She has over 4000 text that she deleted.

    She deleted the text messages from the cloud and from the phone that were from another man.. Its an I phone and these messages were from nov 2014. I need to get this done because she became pregnant around the same time and a paternity test is i...

    Robert’s Answer

    If the records are available, you will have to have a court issue a subpoena and have it served upon the entity that has possession of the records. Find a divorce lawyer. This does not sound like a "do it yourself" task.
    If the goal is to establish paternity, a paternity test would be easier. If you are not the father, that would also prove adultery. Why do you believe that the texts are important if adultery can be proven by the paternity test?

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  • I know have seizures do to the medicine Imitrex where I didn't before should I file a lawsuit?

    I have seizures very bad migraines tremors too.

    Robert’s Answer

    You should find a lawyer who has experience in medical malpractice to evaluate your possible claim.

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  • I have a meeting with Social Services as a follow up for allegations of neglect, How do I answer questions?

    On Sunday the 21st Fathers day. My wife left for work and myself my 7 year old and my 22 month old were at home. I went to the restroom and started to pick up the house when I noticed that my 22 month old was nowhere to be found. He can open doors...

    Robert’s Answer

    Your facts indicate that there are some judgment calls to be made by the child protection officials. There is sufficient evidence for a finding of negligence. I suggest you confer with a lawyer before the meeting. If necessary, you can reschedule the meeting. There is no harm telling them that you are conferring with an attorney before you meet with them.

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  • Can I sue for reimbursement of medical expenses?

    My wife found out I was doing some unsavory things. She took out a MIW on me. The police show up asunder take me to emergency psych. I wasn't suffering from mental illness so after my intake interview with the psychiatrist and the social worker, I...

    Robert’s Answer

    Your question is not specific as to whom you would sue. If you want to sue your wife, the answer is maybe yes. If she conspired to have you held if there was no reason for the professionals to believe that you were a danger to yourself or others. However, you have some problems. First, you have the burden of proof. What she said to you is evidence against her. However,, she will probably produce records from the facility that show that there was good cause. Furthermore, you have admitted to "unsavory things". Do you want a public record of such conduct?
    If you put this question on a law school test, you might get a conditionally affirmative response. However if you talked to a lawyer with common sense, there are some red/yellow flags that will be in the air.
    By the way the cause of action in question would be false imprisonment and conspiracy to commit false imprisonment.

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  • Can I offset a debt to another from a larger debt they owe me? Both debts are documented.

    I am owed a large debt held in a constructive trust. I am now also in debt to that person by about 8% of that debt/trust. Can I offset my debt to them by reducing the mount of the trust? Is there a specific law that says I can or can not ...

    Robert’s Answer

    In general if a person owes you money and you owe them a lesser amount, you can claim an offset. However the phrase "a large debt held in constructive trust" is not informative enough to give you an answer. You need to have a consultation with a lawyer to get your answer.

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  • Trying to find a lawyer to sue another lawyer for falsafiing a power of attonerney (poa) . How do I do that

    A lawyer notarized a poa for my brother , who used it to take everything my dad had , bank accounts , credit cards ,stocks ,bonds , personal things. The lawyer from Maryland notarized the poa in Maryland when the poa was filled out and signed b...

    Robert’s Answer

    It is only your father or his representative who can file a suit against you brother and the Maryland lawyer. However do not overlook the banks and other institutions who accepted the power of attorney. There may be a claim against them.

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  • Family builds something on my property and leaves building and wants me to pay for building.

    My father in law (who we have had a falling out with), built a pole building on my property. We never had anything written saying that he could do this, nor agreement that I would pay anything for the building. He used this building for his busi...

    Robert’s Answer

    Apparently he had your permission to build before you had your falling out. However you did not agree to pay for the building and there does not seem to be any reasonable expectation that you would pay him. I doubt if he would be successful in making a claim against you. The issue needs to be further explored with you attorney. Another important question for you attorney is how to cut off any claim of adverse possession.
    Good luck!

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