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Paula Brown Sinclair

Paula Sinclair’s Answers

7,878 total


  • If I have an offer on my house that let's me break even to bank, can it still be sold if it has a civil lien?

    I have an offer to sell my home. It will break even or I my have to pay a couple hundred dollars. If an old business associate files a lien on old business debt, could it still be sold if the debt would be paid by the sale because of lack of value?

    Paula’s Answer

    The facts you describe are unclear. First of all, there is no valid lien under Idaho law for an old business associate to file on old debt. If anyone who claims you owe money obtains a judgment, that judgment becomes a lien when recorded. Secondly, any property can be sold for any price, but title insurance will not be available without full disclosure of all encumbrances, and it would take a really careless or foolish buyer to not insist on title insurance.

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

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  • Is it legal to kick out an 18 year old with health conditions?

    The health conditions in question are type 1 diabetes and ADD.

    Paula’s Answer

    If you are describing a family situation, the law does not require a parent to support a child once the child reaches age 18. Whether "kicking out" the child is a good idea is quite another question, and a caring parent would want to discussion options with professionals such as family law practitioners, counselors, and health care providers.

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

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  • Yesterday I asked a question and did not get an answer. What should I do?

    This is very disappointing. Maybe you can help me find question and /or answer?

    Paula’s Answer

    First of all, be aware that Avvo Q&A is not "staffed;" kind and generous attorneys VOLUNTEER personal time to answer general questions about the law and legal procedure. If it is important to have-- immediately-- a specific answer to a particular question about Idaho law, contact an Idaho attorney without delay and prepare to pay a reasonable fee for an appropriate consultation that will include assessment of the facts of your situation and applicable law.

    As a general rule, a judgment is executable unless execution is stayed pending appeal. A supersedeas bond must be posted in support of a motion to stay.

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

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  • Do I need a lawyer?

    On Tuesday (2 days ago) my husband was ran off the road by a DePatco semi truck. The driver was going way too fast and flung huge rocks at the windshield damaging it greatly and not pulling over to make sure everyone was ok (my young daughter was ...

    Paula’s Answer

    "Do I need a lawyer?" Probably not if you have car insurance. File a claim and provide the information you have about the cause of the damage.

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  • Can any charges be pressed

    I had to move across country for work. what happened was my mother had recently passed away. And her will it stated everything of her belongings would go to me and only the jewellery would go to my sister. she went in the day after my mother died ...

    Paula’s Answer

    Repeat post. Please see answer to other version.

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  • What can I do? Please help me!

    My mom died Saturday the 9th at 4 PM. She left me all she had per her will. I was in Oklahoma, she died in Idaho. By the time I got to Idaho my sister had gone into my mothers house and stole it all WITHIN 3 DAYS OF OUR MOTHER DYING. Can I charge ...

    Paula’s Answer

    Retain experienced Idaho probate litigation counsel without delay. While theft charges might be technically correct, it is the prosecutor who must do so, and s/he may determine this to be more a civil (not criminal) matter. Probate counsel can file the proper application to open the estate and make demand for turnover of the estate's property.

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

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  • My husband has been cheating and very emotionaly , mentally and physically abusive and we own a company together

    need contigent lawyer or one that can wait till case settles and i get my money out of the company account

    Paula’s Answer

    Divorce is one area of law where contingent fees are considered unethical. There is statutory and case law authority, however, for temporary orders during the pendency of the case that can provide support, assign liability for bill payment, and require one party to provide attorneys fees for the other. The assistance of local experienced divorce counsel will be essential.

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

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  • Could passing a bill to remove property tax exemptions be considered unconstitutional?

    If the removed property tax exemption where to effect non profit organizations both religions and non religious, could it be considered unconstitutional? Why or why not? Also, if the aim of the bill removing the property tax exemption is to ensure...

    Paula’s Answer

    Homework? No present legal dispute is described, and we don't do homework.

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  • Trying to find out if I am within my legal right to report a stolen vehicle

    so my ex husband and I owned a 2000 Ford Explorer. He went to Prison and I divorced him, the Vehicle was left at his parents home and we do not get along. That vehicle is not listed in the divorce paperwork. Fast Forward to December 2012 I am in a...

    Paula’s Answer

    Here's how the legal system works: you can report anything stolen. It is neither a right nor an obligation; it is a privilege. But, reporting an item stolen does not make it so. Based on reports of citizens and officers, the prosecuting attorney reviews and determines whether charges should be filed, which commences a criminal case. Under the facts described, no prosecutor is going to charge anyone. The correct legal procedure to recover possession of property wrongfully withheld by another party is called conversion, but even that remedy is not clearly appropriate here. It could well be that the vehicle rightfully belongs to the ex, and you wrongfully converted it to your "ownership" be retitling it.

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

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  • How do I change my daughters last name to my married name if biological father was incarcerated and not on birth certificate.

    I was 16 when I conceived and gave birth. The father was 22-23 and after I gave birth he went to prison. During that time I moved to Idaho and married. The father is not on the birth certificate nor never seen her. I just want to know what his rig...

    Paula’s Answer

    Under Idaho law, a name change petition must be served on certain persons. The fact that you didn't put the father's name on the birth certificate, and he has never seen the child is irrelevant. Where a parent has actual knowledge of the identity of the other parent, required legal notice to the other parent must as a general rule be satisfied. An argument could be made that notice is not required if the father has never claimed paternity through the Idaho registry. The assistance of local experienced family counsel may be critical.

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

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