Glen Edward Ashman's Answers

Divorce-Georgia-Cobb County. File for divorce on the fault ground of adultery.

You need to retain counsel. Adultery does not prevent a claim against the 401K. It may or may not, depending on the details, affect alimony. You may have more rights than you think.

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Can I sue my mother for spending my settlement money I received as a minor and using my social security number?

Be aware that there are strict time periods on pursuing these things, and if you delay you may lose your rights forever. So Monday morning, drop everything else, and see a lawyer (in South Carolina. You may have three remedies. One is that your mother may have comitted a crime and may go to prison. One is that you may have the right to sue the lawyer for not creating a proper trust. His malpractice carrier may be paying you. And the third is that you may have a right to sue your...

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Marietta, GA: Auto Accident - How do I claim from fault party's insurance

First of all, and treat your wooziness and pain as a medical emergency - get offline and to an ER or a doctor TODAY. Do not delay. A gap in treatment can do you serious medical harm and will also seriously later hurt any legal claim. Even a day or two delay in treatment can be critical. Second, make NO statements to the other driver's adjuster at all. You CAN contact his insurer solely to report the property damage and to set up a rental car, but when they ask if you were hurt, say only "...

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Should I sign a Petition for Discharge as Executor for my uncle concerning my Grandfathers estate?

While you may have not been an heir, I wouldn't suggest signing until you at least looked at the will, which is a public record at the courthouse. If you're not an heir, signing probably does you no harm (but it doesn't help you either). If you were an heir, see a lawyer ASAP.

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Here is a wing dingier for you guys how to proceed with an estate that is divided among the heirs.

Step one is very simple. You get a lawyer. Two estates have to be probated - the intestate one for your father and the testate one for your aunt. Additionally, depending on whether your dad and aunt ever completed needed paperwork on your grandmother's will, someone may have to be appointed in THAT estate to complete that work, Your cousin's death may add a fourth estate to probate. For an experienced probate lawyer none of this, absent a large estate or arguing heirs is a "wingdinger"...

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Health insurance lapse by ex spouse

This is a time where you want to immediately call your attorney from the divorce. Likely you'll need to file a contempt case.

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Question about assets in a divorce

You need to sit down with a lawyer IMMEDIATELY. First of all, unless he committed perjury and lied to the court, since he is communicating with you, it is impossible for him to file without your knowlege. He has to serve you with papers. And you have deadlines to respond that are short and need to be met. Second, you may be entitled to alimony, child support and attorneys fees, and he does NOT get to decide those issues, nor can he decide what happens with the home. Do not let him...

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My Chapter 13 is due to be completed in July, 2012. Are there any considerations before borrowing from my 401 k afterwards?

Borrowing against a 401K is often a very bad move. You should explore with a local attorney or CPA (preferably one that has worked for the IRS in the past) whether they can work out a compromise with the IRS. Do not use the folks that advertise on TV! You may also want to consider a new Chapter 13 to pay the taxes over a period of time. That may be a viable option.

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Got in an accident with two motorcyclists who were traveling 100+ mph. Who is at fault

It is impossible to answer you without more information. It is possible that both of you(or either) could even be at fault. What is missing from your post matters. Assuming you had proper insurance, your insurer will deal with any suits and claims against you, and if you have potential injury claims, your attorney will pursue those for you.

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Help! Need to file for divorce.

First of all, let me strongly suggest that it would be smart to get a lawyer and you may be pleasantly suprised how inexpensive it is (feel free to call me at 404-768-3509 to discuss costs). While it is possible to file a divorce pro se, and a few counties even have forms, mistakes in the forms, or omissions, or the wrong form, can delay or complicate a divorce. Even if you go the pro se route, a consult with a lawyer to prepare or at least review your papers is wise.

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