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Kevin H. Pate

Kevin Pate’s Answers

12,340 total

  • How do I set a POA excluding my sister? Under no circumstance would I want that demon in control of anything.

    I have developed a medical condition, not super serious. However, its enough for me to think of a will and medical POA. i am single with no one except my sister. Under no circumstance do I want her to have any say over my welfare. A friend told m...

    Kevin’s Answer

    Your financial and medical preferences can be honored via a properly prepared durable power of attorney and a health directive.

    A properly prepared will can assure your estate will be distributed in accord with your wishes.

    I would encourage you to select counsel to assist you meet your goals and not rely on fill in the blank forms.

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  • Can take away a cleet certification card over a supposed drug charge w/out drug testing and no lawyer present for accused person

    Too long to explain.

    Kevin’s Answer

    There is a charge, or there is not a charge.

    When a charge exists, it is either admitted to, or challenged successfully, or challenged without success.

    There is also a difference in not having counsel and deciding to not have counsel.

    It is not clear your present status, but sitting down with counsel to fully explore your status and options seems your next step.

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  • Who is supposed to notify you of a garnishment? What are your appeal rights?

    I have a judgment against me & my husband for a medical bill. Yesterday I was notified by my employer that my wages are being garnished.What is the time-frame for the employer receiving the garnishment papers to the employer withholding money from...

    Kevin’s Answer

    Your employer notifies you when they are notified.
    There are some objections available, such as the one collecting is trying to collect too much at one whack.
    Hire counsel.

    You do not get a special head's up in advance beyond the employer notification. If it is a continuing garnishment, it will hit the next several months of paychecks as well if the amount to be collected is of any size.

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  • What is proper language to do this?

    I am making a will and need the proper language to name a second beneficiary of my property in the case that my son (beneficiary) doesn't survive me or after my death, son dies before property is transferred to him. I want to specify by name the s...

    Kevin’s Answer

    With respect, what you truly mean to write is you desire to properly prepare a will and need the advice and expertise of experienced counsel to make certain the language I use is very unlikely to be inadequate, as that would result in pain and expense during a will contest that would surely arise.

    Without reservation I am certain that it is less expensive to retain experienced counsel to prepare your will correctly, in accord with your wishes and ultimate goals, than the expense that will be involved in family fighting over a bottom dollar effort when one or more relatives are trying to unwind what they insist was your intent if your intent is less than clearly and properly stated.

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  • What will happen if she goes to court requesting to speak the judge? What can the judge do to her? What punishment?

    My cousin had gotten into a domestic dispute with her boyfriend (he tried to choke her). She got into her car to leave and her boyfriend came out of the house and she tried to hit him with the car. In the process she hit her neighbors wheel chair ...

    Kevin’s Answer

    She needs to stop making bad choices and she needs to hire counsel.

    She can't jydt drip by and see the judge for a chat.

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  • Should I mediate or get an attorney? Based off of my info will I be able to get sole custody, child support or alimony?

    I'm going to divorce my husband of 10 years. He choked me 7 years ago and after a few months of counseling I decided to stay. Over the years he's said many hurtful things to me in front of our son, and spit in my face to avoid hitting me. I eventu...

    Kevin’s Answer

    short answer is do both. Hire an attorney to protect your interests and discuss mediation with counsel to try and minimize litigation expenses. Discuss this with the counsel you select.

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  • Will I face a drug test at any point? I'm trying to be clean, but it's inside 30 days and I'd hate to have my life ruined.

    Was cited with a friend in my car for misdemeanor possession of Marijuana and misdemeanor possession of paraphernalia. The vehicle was off and was never searched. The police took the evidence (less than 2 grams, his grinder and his bottle/bong) wr...

    Kevin’s Answer

    Smart to have already secured counsel.
    Discuss all questions and options available to you with the counsel you have entrusted to represent you and are paying or have already paid to do exactly that.

    As for your friend, let him worry about his proceedings. You do not need to be bogged down with his troubles any more than you already have been.

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  • How and why did this happen? Besides fling bankruptcy, what else can I do? Yes I owe this doctor money but how is this legal?

    I received a judgment for medical bills that were owed. I contacted the debt collector (attorneys office) and told them I wanted to work out a payment agreement. I was told to send copies of mine & my husbands pay stubs and bank statement. Once th...

    Kevin’s Answer

    You have a judgment against you.
    They are seeking to collect it.

    You made it easier for them.

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  • .

    I was renting a car from a buy here pay here location and I'm unable to continue the payments so I gave it back and I don't have any past due payments..he said he is gonna sue me..can he really do that?..what Will happen to me? Thanks

    Kevin’s Answer

    Renting or buying. These are not the same.
    If you have a purchase contract and walk away, yes, you can be sued when you just walk away,.

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  • Where to start

    Would like to get a DNA test done for a child that im paying Cs for and im not sure if I need to file in Texas or in Oklahoma

    Kevin’s Answer

    File in the jurisdiction where the child resides if the child has been there six konths

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