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Michael Joseph Brandabur
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Michael Brandabur’s Answers

71 total


  • Hi, I was wrongfully accused of making radio transmissions that I did not do.

    I'm a licensed radio amateur operator. In September 2014 while doing my routine shopping a car started following me. I noticed in the rear view mirror it had antennas on it and a amateur call sign license plate. I pulled to the side but it would n...

    Michael’s Answer

    It appears that you've only received a warning. Thus, you don't need to do anything unless you receive notification that further action is being taken. You've stated that the FCC was notified by the prosecutor, thus the FCC can take action based upon the report by a law enforcement official. So, action can be taken against you. As a Ham, I'm sure you are aware of when you can transmit, the frequencies, power, etc. There are people that misuse their equipment, or up the power on mobile plat forms, and that this can and does interfere with various communications equipment. Hence the warning. From a technology point of view, with the right equipment, it is relatively easy to identify with a fair amount of precision an offender. In the future, be sure to note the license plate of the car that followed you, if you believe them to be the offender.

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  • What kind of attorney do I need to be named administrator or executor of my fiancée's estate?

    My fiancée passed away due to a accident. His sibling had a paper drawn up and notarized stating she wanted me to be the administrator or executor of his estate, which is not much. What do I do? I am quite confused.

    Michael’s Answer

    • Selected as best answer

    The Court can approve you as an Administrator (if there is no Will) or Executor (if there is a Will), so long as those in priority to you are in full agreement (ie family members). I'm located in Butler County and would be happy to sit down with you and the family to discuss this during a free consultation, or by phone.

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  • Is it correct to say not convicted on job application since my case was under advisement ? But my visa petition may show arrest?

    My misdemeanor charge is being placed on advisement and likely to be dismissed if i successfully completed probation. This will be non public and when someone esp employer does background check this will not come up. But being non US citizen, i ha...

    Michael’s Answer

    You are required to disclose this to immigration, as their question goes beyond a conviction. They ask if you've been arrested, or cited or... the list goes on. The circumstances you've described would require the disclosure. Depending on how the plea was entered, and what transpires on the record, immigration may take the view you were convicted, even if the case goes through a diversion program, which is what I suspect you've described here. Thus, please consult with a knowledgeable immigration attorney. If done correctly, you can ensure this doesn't create a problem for immigration, and can be shown in the best light possible should your employer review the forms for this type of information. If you fail to include it in your immigration filing, it could have very serious repercussions so far as your immigration status.

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  • Can my brother sue the marines

    My brother was stationed at Tuscan Marine base between 1989-1990. He started experiencing headaches, joint aches, stomach pains and body rashes during that period. My brother has been in and out of the hospital since his discharge. Most of his doc...

    Michael’s Answer

    Your brother cannot sue the Marines. Military members are precluded from suing their respective service (and the others) due to the Feres Doctrine (a 1950 US Supreme Court Case). He can pursue a claim through the VA, citing the disability as being service connected. There is likely other issues in the fact scenario you've presented. You may want to consult with a local attorney knowledgable about VA law.

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  • Do I have to fly to Georgia so the Recorders Court can clear my name for something I did not do? Mistaken Identity error.

    I moved to Ohio and went to get my license. I appear to be blocked by the state of Georgia so the Ohio BMV wont issue me a license. I have never set foot in Georgia other than making a stop between flights. I called the Georgia DOT and they sa...

    Michael’s Answer

    I suspect there may be more than a mistake at play. Run a credit check on yourself through the three agencies (can be done for free once a year). You want to ensure you are not the victim of Identity Theft.

    If this is just a "mistake" you will need to retain an attorney in Georgia to resolve this, as the issue is going to be governed by state law, thus requiring an attorney licensed in Georgia.

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  • Do I file where I agreed to the contract or where the work was done?

    I agreed to a contract to have some work completed on an out of town rental I own. When I agreed and discussed the contract, exchanged money, etc in was always in Batavia (Clermont CTY, Ohio) the work was supposed to be completed in Wilmington, ...

    Michael’s Answer

    I would file locally, that is the court most convenient to you, and presumably where you personally know the lawyer. This is a question of venue, and at worst you "may" have to change the venue. However, on the facts you've given, it would appear you have a very good argument that this Clermont County venue is appropriate.

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  • I am a conditional US green card holder and I am wondering if I could travel outside the country for an 11 day cruise ?

    Am I allowed to travel even with just a conditional green card? What other procedures can I do? Do I need to get a sailing permit ? if yes, where can I get it? Thank you so much for your answers.

    Michael’s Answer

    Certainly you can go. Just be careful as to when your green card expires to ensure it doesn't occur while you are outside the US. When you get within the 90 window of the 2 year anniversary you can apply for removal of the conditional status. After doing so, you will then soon receive a letter from USCIS automatically extending the conditional status for one year. This will be the only documentation you receive that the status was extended.

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  • I land a woman some money about 20,000 dollars ,when i ask her to give me my money back she denied. i have no proof except

    i have no proof except a recorded call from her confesses that she owes me the money and promising that she will give it to me. and also some voices mail from her. i wanna know if i can get my money back. thank you.

    Michael’s Answer

    I would suggest you contact a local attorney and discuss your case. Many will provide a no cost consultation. It is possible that an attorney can determine other means of proving the existence of the loan. They can either then send a demand letter, which nowadays rarely work in my experience, or simply file a law suit (breach of contract) and allege the existence of the oral agreement. You then will need to find additional evidence that supports the existence of the loan.

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  • Does a "will" still need to be filed in probate court when Father had a TOD will.

    Father was advised by his attorney to have his will be made TOD, so his children (beneficiaries) would not have to go through probate court at his demise. If his house was sold and will was NOT filed, are their any ramifications for a "release ...

    Michael’s Answer

    The only ramification is a failure to pay statutory liens, such as Medicaid or Medicare. There may not be any, but if they exist and the estate is depleted without paying them, then the fiduciary can be held liable. Presuming the property was subject to a TOD, then there is no reason to probate that property.

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  • Form G-325A, questions about employment part

    My wife is applying for my adjustment of status, she is US citizen. Currently I'm out of status since 2010 and I'm not authorized to work. However I work in a restaurant to support my family , using my ssn, getting paychecks and paying taxes. ...

    Michael’s Answer

    You need to truthfully answer all questions, so put the employment information into your form.

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