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David G. Weilbacher, Esq.

David Weilbacher, Esq.’s Answers

742 total


  • I live in ny state i need a legal sepration, do i file for custody for my son first, move out, or file seperation papers thanks

    I need to know step by step what i have to do to get a legal seperation in buffalo ny. we have a 2 year old son and are not agreeing on visitation. what is the first step i should take, can i just move out, am i allowed to move back in with my mot...

    David’s Answer

    If you have a financial interest in the home, I would not move out until after you have filed for divorce. As for the step by step process, you can file for divorce, custody, spousal support and child support all at the same time. You can also request temporary retraining orders that will prevent your husband from harassing you or disposing of any property.

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  • Letting manufactured home go back to bank...have lease on park rent...can we break that? What will happen if we stop paying

    Letting manufactured home go back to bank...have lease on park rent...how do we handle....just stop paying the rent?

    David’s Answer

    If you have a lease with the park, you can attempt to negotiate a release from the contract. The other option is not pay. The park is required to mitigate its damages by leasing the lot as soon as possible.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Grandmom died 12/2007. Aunt became executor. My aunt has a brain tumor in 2/08. I am her POA since 02/2008. Who is executor?

    My aunt is currently in a nursing home and on hospice. I am trying to find out if I can represent her as the executor of my grandmother's estate. My gandmother had some interest that came in 2008 and I am needing to file taxes for her. Can I do...

    David’s Answer

    The POA does not permit you to administer the estate. Since your aunt is no longer able to perform her duties, you need to file a motion for her to withdraw. You can file a petition for you to be named the new administrator.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Can I get a warrant recalled by an attorney?

    In the summer of 2004 I was with a couple of friends camping at the dunes. I was searched by a park officer and was found to have 1 gram of cocaine. I was brought into the ranger station but never handcuffed, fingerprinted, or put into a cell. A c...

    David’s Answer

    It is probably not possible for you to handle it remotely. Besides, it is going to be in your best interest to appear with an attorney to see if you can't get the charges dropped or reduced to a misdemeanor.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Do i need a asset protection lawyer?

    my spouse is named as a defendent in a minor car accident with a school bus. the insurance failed to settle with the amounts in the policy and they hired a lawyer to defend her. if my spouse is found liable is there any protection to save my house...

    David’s Answer

    Any action you take to "protect" the house now will be set aside if there is a judgment against your wife, if the insurance company does not pay the judgment. A person is not permitted "protect" property once they are involved in or have notice of a potential lawsuit. Efforts to shield property from creditors must occur before there are claims against you.

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  • How do I go about trying to get a letter of testiminary??

    My common law husband passed away in July '08 leaving me behind with our 5 month old daughter and no will. His job informed me that he left no beneficiary on his 401k (which i find hard to believe) and he also has a savings account at a credit uni...

    David’s Answer

    Whether there was a will or not, you still need to file an application to probate his estate. Since there was no beneficiary on his accounts, you need to obtain letters from the court indicating that you have the authority to withdraw the funds. Since his daughter is a minor, the court will probably require a trust be established to maintain the funds until she reaches 18.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Can a collection agency freeze my ss check. It also has my daughters ssi check she draws off of her dads disability in Missouri

    a collection agency keeps calling several times a day even called my ex husband that i divorced around 15 years ago and also called my daughter that is 19 and doesn't live with me. I also have a friend that has his name on my account due to my he...

    David’s Answer

    No. Social security funds are exempt from collection. You must receive notice before a creditor can take money from your account. This is known as a garnishment or bank attachment. When you receive the notice, you will also receive an form to request a hearing. Be sure to request the hearing so you can advise the court and the creditor that the funds in your account are S.S. funds. The court will prevent the funds from being taken.

    As for the phone calls, inform the collection agency not to call you again. If they do so, they have violated the Fair Debt Collection Act. If you receive a call after you tell them not to call, contact the state attorney general and file a complaint.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Can a employer bar an current employee from communicating with an former employee?

    A former employee of the company I work was fired nearly a year ago. He is now under suspicion of theft. The company has now barred all of their employees from any form of contact with the form employee, but during and after work. Is this legal?

    David’s Answer

    Ohio is an employment at will state, therefore an employer can terminate an employee at anytime, with or without cause. So, if the employer makes a condition of your employment that you refrain from certain behavior during your off-duty hours, and you violate that condition, there is no recourse if you are fired.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Who is and who is not licensed to give out shots in a medical office and do i have a case and how do i follow through?

    since the brth of my son i opted to get the depo-provera shot a form of birth control. i recently started having severe syatic pain. whn i'd go to the doctor they'd just give me pain meds for it (vodine, locine, etc.). It was only after i started ...

    David’s Answer

    I agree with Mr. Sarno, but would add that you have the burden to prove that the nerve is damaged and that the damage was caused by the shot.

    There are many interesting side effects of pregnancy, one of which is sciatica during pregnancy. While not solely a pregnancy related condition, sciatica does affect many women during pregnancy. Many women develop sciatica during pregnancy, though sciatica isn't a result necessarily of being pregnant. Pressure on the sciatic nerve during pregnancy can lead to backache or other discomfort. Some women assume that the baby presses on the sciatic nerve resulting in pain or discomfort. This is not necessarily however the case. Many times sciatic pain during pregnancy results from damage to a disc in the spine. This can cause inflammation in the tissues surrounding the never or result in direct pressure to the nerve (if for example, the disc has slipped out of place and is compressing the nerve). Women who are pregnant are more prone to disc injury, hence the relationship. I don't point this out to discourage you. I only point it out as an argument you will be confronted with.

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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  • Breach of contract

    I'm a subcontractor in Ohio. I bought a truck from the company I signed contract with. I've made payments for the past 2 years and don't have that much more payments left to go before I can own it. Now they're refusing to work me for no good ...

    David’s Answer

    It is not clear what you are asking. Are you a driver for a delivery company, and has that company required you sign a exclusivity agreement? Have you violated that agreement?

    This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

    See question