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Gerald Alan Templeton

Gerald Templeton’s Answers

126 total


  • My family has buried in a cemetary for more than sixty years. In 2000 an Adjacent landowner gave someone a quitclaim deed

    to the cemetary, but based on the title research the adjacent landowner deed does not include the cemetary, do we have any rights even though we do not have a deed to the cemetary.

    Gerald’s Answer

    My question is "rights" to what? To bury someone else in the cemetery? The ownership of the land? Something else? A deed can only convey the property actually owned by a landowner. But the Quitclaim deed would create an written instrument that might create a cloud on title over a long period of time without objection by a person with an interest in the property. You should seek out competent, local legal advice.

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  • Can Alabama DHR keep me away from my girlfriend's child if I haven't been indicated for the alleged abuse?

    Recently my girlfriend's daughter was taken by DHR and a safety plan was made because of alleged abuse involving me. She has the child back now but DHR is telling her not to have me around her. I have not been contacted by DHR in two months since ...

    Gerald’s Answer

    If a safety plan is in place, then your girlfriend must follow it or face having the child again removed by DHR - end of story. The protection of the child is paramount. Hire a local attorney to help you.

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  • In 1994 I was pursuing child support for my daughter, the wife of her father send me and my lawyer a fake death certificate.

    I didn't move further because I thought he was dead, but now my daughter has found him alive and well. What can we do to get back child support, can we file charges on his wife?

    Gerald’s Answer

    Go see an attorney relative to the back child support. Do see the district attorney relative to the fake death certificate matter. Depending on the age of your daughter now, there may still be back child support that is due. Each unpaid payment becomes a judgment for the amount as of the due date. Typically those unpaid amounts will be collectible for up to 20 years possibly. You and your daughter should pursue it especially if you believe the person has assets to make the overdue payments.

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  • How much will this cost me and will it be off my record?

    I was charged with PI on August 17th. I went to court and apparently was let off pretty easy. The judge is sending me to see a CRO and take a test which cost 75$. From there I will be put in a "class" or a "diversion" program; apparently the mi...

    Gerald’s Answer

    Typically for a first offense you are put in a diversion program if you request it. So if you are in a diversion program you were let off easily assuming you complete the program. Yes, typically if you satisfy all requirements of the diversion program, the charges are "nolle prossed" or dismissed and their is no "conviction" of the charges on your record. The arrest and charge will remain in the database- such as a speeding ticket or other citation. The expense should be under the amount stated I would think.

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  • I own 2/3 of a house how much do I have to offer the other 1/3 owner for his part?

    He is in prison for 20 years . Do I have to give him a certain amount to ask for a Quick claim deed so that I can put it up for sale?

    Gerald’s Answer

    The amount would depend directly on how much the other person in prison would accept to sign a Quit Claim deed. How much would he accept would typically be based upon a fair market value. However, he would be free to sign away his ownership through the deed for only a nominal value such as $10.00. Totally depends on his agreement to sign. Alabama is a merger state in that all real property ownership rights are "merged" into a deed. So, he must sign a deed to convey any interest he currently has in the property.

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  • State Of Alabama, If you buy a Autographed Guitar AS IS and Find 5 years later the signature is not real would that be fraud?

    I bought a Guitar As is with several Artist Signatures on it AS IS The Person gave me a letter stating they were the real thing but was not Noterized and was stated as is. I have had the Guitar for 5 years. One autographed was dated 03 Johnny Cash...

    Gerald’s Answer

    The statute of limitations for breach of contract in Alabama, generally, is 6 years. For personal injury and tort type claims the statute, generally, is 2 years. For fraud/misrepresentation/deceit the statute generally is the 2 year personal injury statute. But with misrepresentation issues, the statute can start running from a date when you were on notice or should have been on notice of the fraudulent acts. So that date may be later than the date you purchased the item. With the notation of "as is" the seller was telling you that he/she was making no misrepresentations however. So you would have a tough case to prove as a general matter. I would go to a local attorney and take the guitar and sit down and discuss the whole transaction with the attorney to be sure.

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  • Is POA legally obligated to pay court ordered child support?

    My children's father owes 5 months in court ordered child support and has been in jail for 2 months. He still has an income even though he is in jail and it will not be reduced (his child support was based on this income only). He has signed Po...

    Gerald’s Answer

    His child support obligation as determined by court order controls what he has to pay. IF he or those acting on his behalf are not paying the correct amount, seek a court order to correct the actions. Not outcome determinative on the presence of a duly signed Power of Attorney, unless that power of attorney does not give them power to act. Regardless of whether the Power of Attorney gives that power to the other person, the father is under a court order to pay. That is, given the facts you have posted.

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  • Does my daughter have the right to decide if she spends time with her father or not?

    My daughter is 15 years old, her dad and I recently separated because he is having an affair. There is no legal paperwork stating custody but he has left the state with this woman and her children and our child wants no part of either of them, he...

    Gerald’s Answer

    Both you and your husband would have legal custody of a minor child. Until a court order says otherwise. So he has rights to see her in a short answer. However, her age is such that a judge will look at and listen to her wishes on the subject. You should consult a local domestic relations attorney for more specific advice.

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  • My sister was named executor of mom's will. She lied to me about the Will, refused to give me a copy and stole from the estate.

    Mom died recently. My sister will not give me a copy of the Will. I learned on 1/30/14 that my sister lied about the beneficiaries in the Will and allowed a non beneficiary to take property from the estate, by telling me she was an equal benefic...

    Gerald’s Answer

    If a will has been duly probated and an estate opened in Talladega County, the Probate Court can give you a copy of the will and the documents in the probate file that were recorded open the estate. I would start there. You will have to pay for a copy of the pages from the court file. Then you can take the file copy to a local attorney and discuss the matter. Would not wait to do this. As if you are correct and the estate is being mismanaged, it will be harder to undo the wrongful acts as time passes. Especially actions taken with a 3rd party who is not a beneficiary or who acts in good faith in transactions with the Estate Representative.

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  • Is it lawful for my mother to kick me out the same day?

    Im 36 and paralyzed, I know that I have no excuse to be in her house but she told me that I may stay at her house until I heal from the pressure sores, which needs nurse treatment. I recently stopped talking to her and now she wants to kick me out...

    Gerald’s Answer

    Familial relationship aside, if she owns the property and you do not have a written lease or other contract with her to live in the house, she can tell you to leave.

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