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Scott Allen Scholl
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Scott Scholl’s Answers

3,667 total


  • Can she serve a minor, I am the legal guardian of my granddaughter and I don't want her involved in this mess

    My son and his girlfriend were arrested at our house, him for possession of drugs, drug paraphernalia, instrument of crime related to drug paraphernalia, firearm, hers possession of drug paraphernalia, instrument of crime related to drug parapher...

    Scott’s Answer

    There are a number of issues not addressed in your post but, generally, yes a 14 year can be served with a subpoena. If you have concerns, you can engage a local attorney to help you out.

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  • Can I get any help?

    I have a Devine medical malpractice suit against the surgeon, just need an attorney in my area I can trust. He punchard my bowels during esophagus surgery,closed me up and sent me home. I had 2 pints of my own blood left when I was sent to surgery...

    Scott’s Answer

    Use Avvo's "find a lawyer" tab to check out medical malpractice attorneys (Attorney's are not allowed to use Avvo to directly solicit potential clients, but you can look at their reviews and give them a call).

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  • What are the necessary steps to him signing over his parental rights to my significant other?

    I am in an same sex relationships. My significant other and I got an friend of ours to donate us sperm. How do we go about him signing his rights over to my significant other?

    Scott’s Answer

    You will need to speak with an attorney for more specific information, "donating sperm" can mean different things to different people, and parental rights arising from artificial insemination is different than other types of donations.

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  • How long do i have to do something about this,and what should i do?

    my grandfather died 2 1/2 years ago. at which point he had willed me all property,and all assets, in which the preacher of the church(that my grandfather had sold some land to)had the will changed to where the property and all assets was given to ...

    Scott’s Answer

    Was your grandfather legally competent at the time he revised his Will? Can you prove undue influence on the part of the pastor in procuring the revised Will? Was the revised Will validly executed? Has the Will been probated? If so, were you given notice and an opportunity to raise your concerns as to the validity of the Will?

    As you can see, there are a lot of questions that need to be addressed and so you would like be best off by gathering up a copy of the Will and any related documents and making an appointment to review the situation with an attorney.

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  • What is the latest date to refile a case which was previously dismissed for voluntary non-suit?

    If a litigant takes a voluntary non-suit in his civil case and decides he wants to refile the case the future what is the latest time that he can do so? Is he barred by the 1 year savings statute? And in the case where the statue of limitations do...

    Scott’s Answer

    You have until the end of the 1 year period under the savings statute, or the running of the statute of limitations -- whichever is later.

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  • How do I go about getting him to pay medical costs

    In my child support case, it is said that medical costs should be split 50/50. He has never paid any medical, he lives in wisconsin and I live in Arkansas... no way of bringing this back to court. My husband is a disabled vet and we cannot keep up...

    Scott’s Answer

    • Selected as best answer

    There are two ways that you can approach this. You can file a motion to enforce the Court's order with the Court that entered the order (if the order was entered in Arkansas, the Arkansas Court still has jurisdiction over him even if he moved to Wisconsin. If he doesn't appear at the hearing, the Court can enter a judgment against him, which can be registered in Wisconsin.

    If you have assigned your child support case to OCSE, they can request that the Wisconsin child support agency enforce the support order there.

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  • Do I have a claim to any of the money or property my father owned

    My father passed away a few years ago . I was told by my brother that my father left everything to him and nothing to me . Knowing my father and I never spoke In the last 25yrs , I never questioned what my brother told me . Do I have a claim t...

    Scott’s Answer

    In order for your father to leave everything to brother, your father would have needed a Will or some other testamentary instrument to effect that. Ask your brother to show you a copy of that document. If he won't show you a copy of the Will, you can file a petition with the probate court to command him to produce it. You can also check at the courthouse in the county that your father resided at the time of his death to see if the Will was probated.

    As Mr. Hamman stated, there is limited time to make a claim to the estate so you should act quickly if you want to enforce any rights you may have to your father's estate.

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  • If one party stated that they have a "lover", is that enough to be considered an admission of guilt of adultery?

    Divorce

    Scott’s Answer

    • Selected as best answer

    It would certainly be evidence, though one can't really evaluate the weight of that evidence without knowing more (e.g., the other party may dispute that they ever said that).

    If they are involved without someone else, they may be willing to not contest the divorce and waive corroboration of grounds (a party can agree not to contest the divorce itself, while still reserving issues relating to property and debt division, support, child custody, etc.) for adjudication.

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  • Who is legally allowed to claim my kids on their taxes?

    Child Support/ Taxes My ex doesn't work my kids income come from me and their ssi and their grandmother. They "live with their mother" and grandmother. There is nothing in the court documents about who can file taxes on them. I was told that the...

    Scott’s Answer

    Do you have joint legal custody, or joint physical custody? Typically, unless the Court order states otherwise, the parent who has the primary physical custody of the child gets to claim the child as a dependent for income tax purposes. The exemption can be allocated to the other parent if the benefit to the non-custodial parent sufficiently outweighs the detriment to the custodial parent (which may be the case in your situation, though that would also raise a question about whether you can modify the support order at this point in time). As the other attorneys have pointed out, there may also be an issue if the grandmother provides more than 50% of their support.

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  • What are my legal rights in this situation?

    My ex and I are still legally married although we have been separated since May 2015. We have two children together, a 4 yr old daughter and a 5 yr old son. I have been the primary caretaker of the children since separating in May. I gave him poss...

    Scott’s Answer

    A husband and wife both have rights equal to the other to the care, custody, and control of the children born of the marriage.

    You should file a lawsuit, such as divorce or separate maintenance, as soon as possible so you can ask the Court to enter orders for the custody, visitation, and support of the children. Typically things get tougher the longer you wait, so the sooner you act the better.

    I would also suggest that you document his refusal to allow you to know the whereabouts of your children, and any refusals to let you speak with or see them.

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