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Paula Brown Sinclair

Paula Sinclair’s Answers

7,857 total


  • My sister will not communicate with me what so ever regarding my mothers will (she died in October)

    I have possession of my moms car thousands of miles away and need the title to license it, I was in the will for half of the estate, she will not give me the title of any info what so ever, can i sue her for the title or storage fees for the car? ...

    Paula’s Answer

    My condolences for your loss, and sympathy for having to involve the court system.

    While many families seem able and willing to cooperate to resolve estate issues, the clear message from the sister is that she is not. That leaves no substitute for legal representation. Retain counsel who practices in the locale where your mother died. The first task will be to determine whether a probate action was ever filed (probably not, as notice to all heirs and beneficiaries would have been required by the law, but maybe so if probate counsel has been retained), and then assessing the need to commence a full probate, to compel action in an existing probate, or take advantage of a more limited procedure. Your attorney should be able to locate any attorney retained by the sister or estate.

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

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  • Can I be forced to pay child support for a child that is not mine?

    My divorce was finalized 2 years ago. We have a 5 year old son from our marriage. My ex just had a baby and put my name on the birth certificate as the father. I am NOT the father - we have a highly acrimonious relationship. She is now suing me fo...

    Paula’s Answer

    Demand DNA testing, of course. Consider also hiring counsel for a possible counterclaim.

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

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  • Can a employer refuse employment to a applicant if they do not have a non-expired drivers license?

    Focusing only on transportation and not proving identity, can a employer require a non-expired license to hire someone, even when they have reliable transportation, to, during and from work?

    Paula’s Answer

    As a general rule, employers can set job qualification criteria. Idaho is an "employment-at-will" state, meaning as to nearly all matters the employer sets the rules.

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

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  • If you have a lawyer on a case can you please ask to speak to the judge

    I need to speak to the judge about my case. There is something my lawyer is not telling the judge. Can I speak to the judge?

    Paula’s Answer

    It would be considered unethical for the judge to allow you a private conversation, and judges are very careful to not allow communication outside the presence of all parties and, where parties are represented, only through counsel. It may be essential for you to learn why your attorney is not telling the court something, so pursuing that question may be a helpful strategy.

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

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  • Can I have just anyone file forms on my behalf for a family law case if I am unable to do so myself?

    I am pregnant and due to go into labor at any given moment. I would like to file a form to have served on the other party in my case as soon as possible. But I am worried that I will not make it to the courthouse to file them. Can I have someone s...

    Paula’s Answer

    • Selected as best answer

    If by "file a form" you mean hand it to the Court's Clerk, then anyone can do that on your behalf. If, on the other hand, you mean prepare and sign the form on your behalf, that requires the person to be licensed counsel. Be aware, however, that if the "form" served on the other party is a Summons, that is not filed with the Court, but issued by the Clerk. Typical procedure is to file a petition of some kind and have a summons issued. A copy of both must be served on any defendant/respondent.

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

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  • I"m looking for a local lawyer in greenfield MA.,my daughter is incarcerated in Brooklyn N.Y. on a federal case,

    shes sentenced till 10/2015 She has a case in greenfield for drugs, and hoping to get this case in court to run concurrent.Shes doing time on federal charges MA. is a state case.

    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 found a house on Craigslist and the owners say the are not in my state do I send money?

    they want me to send the deposit and then they will send me the keys and lease and then after I get the papers I will send the rest of the money is this a good idea and is there a legal way we can do this so no one loses anything?

    Paula’s Answer

    It has become an all-too-common scam for crooks to locate vacant properties and pretend to "lease" them. Of course, they can't because they really have no connection to the property, and don't have keys to send. Craigslist is rift with such "deals." Be smart and deal locally.

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

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  • I have been contact by a lawyer that says that he can help getting my student loans decreased or even removed. Is this possible?

    They also say that they can get the co-signers removed from the loans and that they should have never asked for a co-signer when I applied for the student loans? Is this possible and correct? They say this won't hurt my credit, I'm worried that s...

    Paula’s Answer

    The legal ability to discharge liability for "student loans," is very limited, and the legal analysis is far more complicated that your are imagining. Facts not disclosed in this question are critical. For instance, private loans (with no federal government involvement) are often not subject to the "student loan" exception to the bankruptcy discharge. Few attorneys, however, are knowledgeable and prepared to pursue that advantage. To know the basis for your attorneys conclusion and advice, ask for specifics about how the promised result will be accomplished. Information about past experience representing similar clients would be useful.

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

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  • Does a custody modification ever expire?

    Ive been interviewing attorneys and I've had one attorney say that my custody agreement with my ex husband say that it's expired since it said that it would need to be revisited in 2009 after our son was in school. Another one says that no it's no...

    Paula’s Answer

    As a general rule, custody orders continue in effect until changed or the child(ren) reach majority. To address the problems that have manifest, returning to court with a new motion for modification may be indicated.

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

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  • Pro bono for protection order, custody and divorce

    Ive heard from personal friends that have done things like duis and the like that they are sometimes provided with a pro bono for their case and they never win. how much of an effort will a pro bono put in for a difficult case like mine since they...

    Paula’s Answer

    The vast majority of Idaho attorneys, albeit perhaps not every single one, work diligently for their clients. They are knowledgeable, efficient, and THEY CARE. But while a large part of the role of attorneys is to put the best face on the facts and advocate for the client, attorneys cannot make the facts. DUI cases are a good example. Public defenders, among the most dedicated and hardest working of our colleagues, are provided in criminal cases. The fact that they are free has nothing whatsoever to do with winning. DUIs are typically charged where the scientific data from blood and breath testing proves the crime. What is there to win other than advocating for a lesser sentence?

    Idaho resources for pro bono legal services in civil cases, particularly contested family matters, is quite limited.

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

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