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Paula Brown Sinclair

Paula Sinclair’s Answers

7,957 total


  • Im seperated from my husband. He has our son in another state. Im seeking split custody. Do i need a lawyer from my state or his

    I live in idaho and he lives in nevada. He refused to share visitation. And there is no set or court custody with ither of us

    Paula’s Answer

    Much too much critical data is missing. The answer depends on whether the courts of Idaho or Nevada will assume jurisdiction over the custody issue, and that depends on who long the child has lived where. If the child lived in Idaho with you and was removed to Nevada by your husband fairly recently, filing in Idaho may be successful. Be aware that "split custody" only applies where there is more than one child, and sharing residential custody between residences in two different states will only be practical if the two residences are very close to each other. Nothing short of representation by experienced family counsel will meet your needs, and any further delay in retaining counsel could become a problem for you.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • A collections company is trying to collect on a 6-year-old bill. Can they do that?

    This company assigns account numbers to each account they receive. I called them 2 years ago to pay off all mine. They told me I had. I have not heard from them since. I called on a separate issue and now they're saying I owe over $400 from a debt...

    Paula’s Answer

    "A collections company is trying to collect on a 6-year-old bill. Can they do that?" Of course they can. But can they obtain and execute a judgment? That is the critical question. Idaho has more than one statute of limitations applicable to debt collection, and in addition to the length of the statute, one must know precisely when the statute starts running. On an "open account" the statute starts running with the last payment or purchase/loan transaction. The most effective strategy will be to demand written documentation of terms of the debt and the payments made. Under the federal Fair Debt Collection Practice Act, a collection agency must notify you in writing of your right to that documentation. If contacted by phone, scam or zombie debt extortion should be suspected.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Was injured in auto accident and had to file bankruptcy due to loss of employment and bills.

    I was involved in a bad auto accident had to have neck surgery done and still needing arm surgery done. I had to file bankruptcy after the auto accident 9 months later, I lost my job due to I was not able to do my job no longer. The personal in...

    Paula’s Answer

    Best wishes for an outcome you can accept, and please remember to designate a best answer.All of the out of state attorneys responded with the instruction to "ask your bankruptcy lawyer." You don't mention having a bankruptcy lawyer, and that may be at the heart of your problem. As a legal process, bankruptcy is somewhat unusual in that little can be amended or corrected after the petition is filed. Your personal injury claim is an asset subject to administration by the Trustee, who can hire his own PI attorney to pursue the case. If your first PI attorney has not been retained by order of the Bankruptcy Court, s/he may not be able to earn a fee from your case and may no longer be retained, especially if you neglected to tell that attorney about the bankruptcy, and it came a surprise. The value of your claim, which may be quite large, is subject to certain exemptions under Idaho law, but those exemptions must be properly claimed in your bankruptcy. If they are not, the Trustee will have no motivation to settle the case for anything higher than the total of creditors' claims and his fee.

    With this information, it should be clear that nothing short of representation by experienced bankruptcy counsel will meet your needs. Find a way to retain one without delay before your bankruptcy becomes a very regrettable misadventure.

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  • Is there an attorney for the elserly

    Need to put together a family limited estate

    Paula’s Answer

    The attorney needed is one that practices "elder law." Feel free to use the Avvo "Find a Lawyer" function or find referral information at www.neala.org. Be aware that it is entirely unclear what you mean by a "family limited estate."

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  • Moving and pregnant

    If a girl is with her dad and the place isn't a good home for her to start a family and she's 17 can she move out and in with her boyfriend. Her boyfriend has the room for a babY and her. It's to stressful for her at where she is at. Also she woul...

    Paula’s Answer

    Pregnant or not, until a child reaches age 18 her parents have the legal right (in fact an obligation) to determine where she will live.

    Best wishes for an outcome you can accept, and please remember to designate a best asnwer.

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  • How do I add a parent to a birth certificate?

    I would like to add my daughters father (who is deceased) to her birth certificate. Just before he died he acknowledged her. I had a DNA test done with his sister and am receiving death benefits for her, but would like to add his name to her birth...

    Paula’s Answer

    My condolences for your loss.

    This is not a matter reasonably manageable with "forms." What you need is a court order, and there is no guarantee that such an order will be available. What you need to discuss with local, very experienced, family counsel in the state where the birth certificate was issued is the possibility of a posthumous Order of Filiation. Be aware that this is a rare situation and that no non-licensed person is adequately prepared to address, and there will be some cost for the legal services needed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can a living will specify beneficiary receives either the property or the value in cash?

    I am in the process of putting my mother's property in a living trust in order to avoid probate. In her current will I inherit 50% of two of her real properties and my two brothers each receive a 25%. She has two other homes that we equally inhe...

    Paula’s Answer

    Please rethink this risky situation you are creating for your mother, and assist her into a working relationship with experienced elder law or estate planning counsel. Your use of basic, critical terminology is incorrect. For instance, a "living will" does not involve property transfers. With knowledge so limited, addressing such important issues as choice in estate planning vehicles is not possible. The probate process is not always to be avoided, and living trusts (which, by their nature, require lifetime management that can be difficult for seniors in decline) are not always a good solution. Assuming your mother is competent to execute documents, she is the one who must direct the attorney. If not, it is too late to make changes.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Do I need an attorney to get 50% of my assets from my divorce

    She refused for me to have any of my assets or my personal belongings

    Paula’s Answer

    First of all, you are not legally entitled to "50% of my assets" in a divorce. You may be entitled to 50% of the equity in community property, and calculating that number may require some attorney expertise. Maybe you do not NEED and attorney in a divorce, but you definitely WANT one. There is simply too much potential, given the anger typically attendant in a divorce, for self-inflicted injury without capable counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I file a Chapter 13 or a chapter 7 without putting my home in in?

    I Have a Mortgage Payment of $710, A Collateral Loan on 2 Vehicles at $320 a Month, a standard loan of $110 a month, Credit Card debt total-ling about $2200. Total Est would be about $90,000 Debt. I make a GROSS of about $16,000 a year at this poi...

    Paula’s Answer

    Define "exclude my home." In every bankruptcy petition all assets and all debts must be disclosed. Most commonly any equity in real estate occupied as a homestead is exempt and the lien of the mortgage survives the bankruptcy.

    For the more complete understanding of bankruptcy law and procedure that could save you the pain of costly self-inflicted damage in a bankruptcy, avail yourself of a full case review by experienced bankruptcy counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • I am currently unemployed and be 61 in several months. When should I start applying for SS benefits?

    I am unemployed for quite a long time, will be 61 next year and am planning to retire overseas. When am I supposed to start to apply for the Social Security benefits and are there any special procedures or obstacles involved since I would like to ...

    Paula’s Answer

    Unless you are disabled, the earliest eligibility will be at age 62, when a benefit substantially reduced from your principal insurance amount (PIA) will be available. Application can be made online. Doing so between 60 and 90 days prior to your 62nd birthday should result in earliest possible payment, but specific instructions will be available in connection with the online application. Living out of the country during retirement is common and requires no special procedures except arranging for the delivery of the benefits.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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