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Timothy Edward Kalamaros

Timothy Kalamaros’s Answers

864 total


  • Can I file a small claim or take a legal action against this?

    I am doing my MBA and last semester I registered for a course which is a 3 credit hour Management course which the office of management consider as foundation course and cant be applied to my degree.During registration for the class, When asked I ...

    Timothy’s Answer

    As Mr Brinkmeier suggested, this is not a claim worth trying to pursue. Effort is better directed at your degree, than complaining about scheduling in small claims court. Actually it would be very counter-productive and not a wise choice when dealing with a university.

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  • False report to police considered elder abuse?

    I am 75 years old. My daughter and I are having a dispute over how I am handling my affairs. The other night I went out to friends to a local restaurant for drinks and dinner. She called the police claiming that I had just had surgery and couldn't...

    Timothy’s Answer

    I am not sure what the crime of "elder abuse" may be in your place, but, "False informing" may also be a crime. If a guardianship matter is commenced against you in court, you have a right to a lawyer and may want to consider meeting one to do a will etc. sooner rather than later so that you have a connection to one.

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  • A parent and stepparent have revocable wills. Parent dies in 1995, stepparent dies in 1997. Step daughter sells the property.

    Property at the time of selling is only worth approx. $20,000. Oil and minerals have been found and is now worth over $60,000,000. Is the stepdaughter entitled to any of the money from the property? (Indiana Law)

    Timothy’s Answer

    Sorry but some of what you said is not clear. Wills are by their nature revocable until death of the testator. Maybe you meant a revocable trust. Also you did not describe the chain of title. But let's assume that "stepdaughter" has sold the property and minerals are later discovered. No, she probably does not have any rights to it, unless she retained them in the deed of conveyance she used to "sell" it in the first place.

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  • Can I use Indiana's Small Estate Law, with a Small Estate Affidavit, to collect life insurance from MetLife?

    My sister died 6 years ago, with no will, spouse, or children. She resided in Indiana. Our parents are deceased. I reside in California. MetLife just notified me that they have a small policy in her name (under $10K), with no beneficiary listed. ...

    Timothy’s Answer

    • Selected as best answer

    As Ms Everett said, yes they are obliged to honor Ind. Code 29-1-8-1 and if the do not comply then your lawyer can sue them under IC 29-1-8-4.5 and ask for an award of attorney's fees. The problem however with insurance companies is that they are not going to play along with somebody trying to do this without a lawyer. Yes it will cost you some money but you will just have to bite the bullet and hire somebody.

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  • Can I get this off my record since I paid my half

    My name is Jalen Rhodus I had a small claims filed against me for $2800 I have paid $1400 into it in Indiana. It was filed jointly against me and another person which they can not find and he has not paid anything. I have called the court house ab...

    Timothy’s Answer

    you posted this twice. see my reply to the other version of this question.

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  • Help with benificiary issues

    iam the trustee of my dads estate and my daughter and son are the beneficiaries. Recently the original trustee resigned and i was assigned to the trust. Since my dad passed away my daughter has shown no interest in anything and is being very uncoo...

    Timothy’s Answer

    If the trust is irrevocable and you have no power of appointment over the shares, then you have no right to deprive her of her share. However, if she wants to receive her share, she may have to cooperate in some minimum way like communicating and letting you know her legal address and signing for documents received and so forth. Recommend that you hire a good lawyer to advise you, one with experience who knows the ropes and can deal with a difficult beneficiary according to law and help you get it done in spite of the hassle. Good luck.

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  • Is there a way to ensure beneficiaries do not find out what another beneficiary received?

    Person has no direct heirs, but 4 sisters. wants to leave real estate to a friend. This will anger only one sister. Is there a way this can be dispensed without parties knowing what the other received?

    Timothy’s Answer

    Again, if the person is alive, they can see a lawyer about how to get it done. May require trust work or TOD accounts, who knows. If deceased and the matter is in court, there is probably no way to prevent one party from knowing what the other gets-- that kind of transparency in reporting the respective shares of a decedent's estate is at the core of what due process means in estates.

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  • What documentation must a trustee provide to the beneficiaries concerning expenses the trust is paying?

    The beneficiaries have seen no accounting in over 4 months since the owner of the trust died. 4 houses are being remodeled for sale, and many thousands have been spent, but we have no idea how much, etc. Must the trustee provide receipts, wage d...

    Timothy’s Answer

    Indiana trust code requires an annual accounting. Hire a lawyer. Demand an accounting. IF they don't render it then docket the trust and ask the court to order it. Simple as that, but don't delay.

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  • What forms do I need to file in probate to be consider as survivor of deceased heir(mom) whome parents(gramps) passed intestate?

    I found out that the only family that filed as heirs were my aunt and uncle(sneaky-ly). My mother died 30 years ago. And it was obvious, on court docs filed, they did not mention my mom as a deceased heir...By the way my grandparents did not have ...

    Timothy’s Answer

    • Selected as best answer

    If this estate is still open, and it has some assets to it and is not insolvent, then you might be able to get a lawyer to represent you on contingency since this seems like a major omission on their part and easily provable. But you must move fast. Doing this on your own will be difficult so I strongly recommend you hire a lawyer and just be up front about your inability to pay and offer to pledge your share against any fees they incur. Try avvo or the Indy Bar referral program http://www.indybar.org/community/lawyer-referral-service/

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  • Can I get this off my record because I have paid my half.

    My name is Jalen Rhodus I had a small claims filed against me for $2800 I have paid $1400 into it in Indiana. It was filed jointly against me and another person which they can not find and he has not paid anything. I have called the court house ab...

    Timothy’s Answer

    First off do NOT include your name when you ask a question on here in public, for your own protection. Secondly, yes, by all means get a lawyer because if you were active duty then they may not have had the right to sue you in the first place. Perhaps you should ask your superiors about this and how to approach the problem best. Read this first-- http://www.defense.gov/specials/Relief_Act_Revision/

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