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Paula Brown Sinclair

Paula Sinclair’s Answers

7,855 total


  • Can I legally go get my son and take him home cuz my husband is in jail?

    My husband and I have been separated almost a year but never divorced . My husband has had the baby living with him for a few months while I was out of town for work my husband lives with his grandparents there is no custody agreement at all. Two ...

    Paula’s Answer

    Repeat post. Please refer to earlier answers, and beware of "advice" from attorneys not licensed in your state.

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  • If a car was left to me in my mother's will, but my sister ended up with the title. Who legally gets the car?

    My mother was diagnosed with onset demisia after creating her living will. My sister has Sense then been taking things from my mother by convincing her she needed it. My sister ended up convincing my mother that she needed a car, and my mother ga...

    Paula’s Answer

    Not everything about your question makes sense. The subject of a living will is medical care in end-of-life circumstances. A last will and testament designates who receives property when a person dies. If your mother is alive and legally incompetent, an agent under a general power of attorney or conservator appointed by the court has the authority to designate who has possession and use of the car. If your mother has died, the proper legal process is probate, where assets are not available for distribution until the debts of the decedent and expenses of the estate are paid.

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

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  • What happens if I don't turn over my income tax return to the trustee?

    Was never notified of tax return handover until long after taxes were received and spent. Trustee is now demanding over 3000 dollars within 45 days, what happens besides bankruptcy discharge will happen if o don't pay the money

    Paula’s Answer

    Wait a minute. You filed a petition for bankruptcy protection, yes? Remember those papers you received from the Bankruptcy Court right after you filed that petition? One was the Income Tax Turnover Order. Perhaps you were "saving money" by not availing yourself of bankruptcy counsel, but you have now put yourself in a tough spot. If you fail to satisfy your Trustee, your bankruptcy discharge will be denied so your obligations for all your debts will remain as if no bankruptcy was filed, and your rights to a subsequent filing can also be limited. If you have been trying to represent yourself (and can see how well it is not going) find a way to correct that error without delay. Experienced bankruptcy counsel can negotiate with the Trustee and perhaps broker a payment plan.

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

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  • Can I legally just go and get him

    Me and my husband are separated he's living with his grandparents he's had the child her past month while I've been at work My husband went to jail two days ago there's no custody arrangements at all and my legally allowed to go take my son into m...

    Paula’s Answer

    The rule is quite simple: unless there is a court order to the contrary, both parents have equal custody rights. Third parties, such as grandparents have no custody rights unless they are established by court order.

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

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  • If a father's parental rights were terminated are his children considered heirs upon his death

    No contact in any form was allowed. My ex had a restraining order. Have had no communication with children for nearly 10 years.

    Paula’s Answer

    • Selected as best answer

    As a general rule, the termination of parental rights permanently severs the legal relationship between parent and child, which includes the rights of heirship. The extent of personal contact is irrelevant.

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

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  • I have 1/3 interest in 15 acres in Caddo Parish. Can't find the other heirs. I would like to get clear title to the 15 acres

    Original owner was my great grandfather. His wife died and he sold the property. His kids filed suit asking for their share of their mother's estate. Court awarded them the 15 acres. JK was my grandfather. William was his brother (my grate uncle),...

    Paula’s Answer

    Caddo Parish, as you know, is located in Louisiana. Louisiana law is based on the Napoleonic Code, which differs in unexpected and dramatic ways from the law of Idaho and every other state, which have evolved from the common law of England. No attorney licensed in Idaho is qualified to comment on your fact situation. For the assistance you need, retain a Louisiana practitioner with real property experience.

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

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  • I loaned $4000 to my brother to save his house he filed for bankruptcy but he never included this amount to lawyers,

    He never made a attempt to pay me back, can I sue him for money

    Paula’s Answer

    Be very, very careful here. Even though the debt to you was not disclosed in the bankruptcy, the discharge he received may extend to all debts that could have been disclosed. To know whether the debt to you is discharged, consult with local experienced bankruptcy counsel. The consequences of wrongfully pursuing debt discharged in bankruptcy can be costly.

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

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  • Seeking free consultation and/or discounted(payment plan) representation for unset but upcoming unemployment phone hearing?

    I was looking for some legal help/representation for my upcoming in the near future phone hearing regarding my initial denial of unemployment benefits (misconduct - allegedly seen with eyes closed twice at the very end and after my guard post was ...

    Paula’s Answer

    Feel free to use the Avvo "Find a Lawyer" function. This Q&A is not intended for attorney recruitment (or client solicitation either).

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  • I have a chance to get the chapter 7 dismissed in md. and i filed pro se should i follow thru or get it dismissed

    everything is paid off except the house ( 285,000 } and truck ( 26,000 ) and i am 56 yrs. old and disabled and the servicing co. wont help resolve or even talk and i am pro se so is it worth following through or get it dismissed?

    Paula’s Answer

    Whoa. Not everything in your question even makes sense, but it is clear that proceeding pro se in a Chapter 7 is risky business. Before taking further action of any kind, find a way to retain local experienced bankruptcy counsel. Dismissal of a Chapter 7 bankruptcy can have very unwelcome consequences.

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

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  • Terminating parental rights in Idaho

    My husband has 2 kids that live in Idaho that he does not maintain a relationship with. We live in California. The kids were born here and moved to Idaho 6 years ago. It has been over a year since he has seen the kids and he has only talked to th...

    Paula’s Answer

    In Idaho, as in all other states, termination of parental rights occurs only by court order, and courts are loathe to terminate except where requested by the state, or in connection with a pending petition for adoption. The law does not require a parent to maintain any kind of relationship with a child, but the law does require a parent to support a child.

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

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