Paula Brown Sinclair’s Answers

Paula Brown Sinclair

Twin Falls Social Security Lawyers.

Contributor Level 20

    Answered over 2 years ago.

    1. Matthew John Stephens
    2. Paula Brown Sinclair
    3. Henry Daniel Lively
    4. Steven Anderson Leahy
    5. John Anthony Buehner III
    5 lawyer answers

    Judgment creditors have no right to intercept a tax refund. If you receive the refund and place it in a bank account, however, the bank account balance might be exposed to garnishment. Because you are on social security disability you may be what we call "collection-proof." Although you haven't asked about bankruptcy, the best attorney to advise regarding the ability of a judgment creditor to collect is experienced bankruptcy counsel. Often their consultations are available on a no-cost/no-...

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  2. Should I use a Quitclaim Deed or a Grant Deed Form for transferring my parent's townhouse to my name? There is no mortgage.

    Answered about 1 month ago.

    1. Paula Brown Sinclair
    2. Michael Charles Doland
    3. Sol Peter Ajalat
    4. George Anthony Munoz
    5. James Charles Shields
    5 lawyer answers

    Mr. Doland has answered your question but, most respectfully, it may not be the right question. Just because a legal mechanism exists to transfer property does not mean doing so is a good idea in your case. Transfers of valuable property can have substantial and unwelcome consequences in the future. One obvious tax consequence is the loss of the stepped-up basis. Medi-Cal eligibility may also be put at risk. An important strategy for your parents will be to consult with a local experienced...

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  3. My dad wants to get rid of our home and sign it to us and we dont want to lose it.

    Answered 2 months ago.

    1. Mark Steven Eisenberg
    2. Paula Brown Sinclair
    3. Michael Leo Potter
    4. James Charles Shields
    4 lawyer answers

    In addition to Mr. Eisenberg's helpful comments, let me add that your father will want to make the effort to consult with experienced elder law counsel. Transfers of real property have substantial (and typically very unwelcome) consequences for future MediCal eligibility. Adept elder law counsel can assist in structuring any transfer and in other estate planning strategies that will not forfeit future rights to needed public benefits. I have recategorized as "elder law" because real...

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  4. How do I calculate the Chapter 13 means test? Can I file for a Chapter 13 specifically or do the courts make the determination?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Malcolm Wallace Ruthven
    3. Gary D. Bollinger
    4. Diane L Gruber
    5. Kathryn Ursula Tokarska
    6. ···
    6 lawyer answers

    Well, maybe it is helpful to understand that your credit counselor is not licensed to practice law and, frankly, shouldn't be commenting on your eligibility for any chapter. In fact, your credit counselor is just wrong. The debtor selects the chapter under which s/he petitions. Except in very rare cases involving extremely high debts, consumers are eligible to file under either Chapter 7 or Chapter 13. A high income Chapter 7 debtor, however, will most likely be forced into Chapter 13 on...

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  5. I was rear-ended in a car accident yesterday and did not feel any pain initially, but today I am in pain and I plan to seek

    Answered 7 months ago.

    1. Richard S. Johnson
    2. Justin L. Watkins
    3. Paula Brown Sinclair
    4. Zachariah Benjamin Parry
    5. Michael R Crosner
    6. ···
    15 lawyer answers

    Your description of your injuries is fairly classic, and your plan to seek immediate medical attention is essential to optimum recovery, both physically and financially. Your instincts about legal assistance are also correct. Personal injury attorneys commonly offer initial consultations on a no-cost/no-obligation basis because they are trolling for the most lucrative cases. The practice is populated, however, by attorneys who exercise greatly varying levels of diligence in pursuing...

    11 lawyers agreed with this answer

  6. I feel my Daughter had a unnecessary C-Section just for financial gain fore her Doctor and would like to know if she has a case?

    Answered 8 months ago.

    1. Kenneth Joseph Bush
    2. Elizabeth Taylor Herd
    3. David J. McCormick
    4. Paula Brown Sinclair
    5. Benjamin T G Nivison
    6. ···
    9 lawyer answers

    It seems clear from your post that the complaint is not over the outcome or any damages that can be measured in dollars, but rather the quality of the judgment in recommending the C-section. (Your allegation that the doctor did so for personal financial gain is entirely unsupported and quite offensive.) Be aware that the decision for surgical delivery would have required your daughter's consent. Only if she was a minor would you have been legally permitted to participate in that discussion...

    11 lawyers agreed with this answer

  7. I was left a house cant probate the will and was told if I pay taxes and live in it for 7 years it would be mine. True or not?

    Answered 9 months ago.

    1. Paula Brown Sinclair
    2. David M. Pyke
    3. Kevin Matthew Koel
    4. Maria Sara Lowry
    4 lawyer answers

    To clarify: the decedent's estate owns a house and owes the state $58,000 on a Medicaid recovery claim. There may be other modest assets and other claims of which you are not aware. Paying the taxes does not buy ownership of real property. By and by the estate will be administered, possibly by a public administrator on the petition of the state. The house will be sold to pay the Medicaid recovery claim. If the house is worth much more than $58,000 you could possibly acquire ownership by...

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  8. Injured. need advice

    Answered 11 months ago.

    1. Paula Brown Sinclair
    2. David Herman Hirsch
    3. John M Connell
    3 lawyer answers

    Third post. No, you can't sue your employer, but you can file a workers' compensation claim, like the two excellent attorneys who responded earlier recommended. ( And multiple posts hoping for an answer you like better is a waste of everyone's time.)

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  9. My question is my bf beat me up on Oct 6. He got two misdemeanors-a willful injury to a child and will finish in details......

    Answered 11 months ago.

    1. Paula Brown Sinclair
    2. Stephen Ross Cohen
    3. Christian K. Lassen II
    3 lawyer answers

    It is time to stop. You and someone claiming to be your mother have posted about this situation multiple times every day for four days. Many generous and knowledgeable attorneys who volunteer for Avvo have responded in good faith. No, they aren't going to email you. And, no, even those who practice criminal defense law in your area are unable to predict what will happen, whether your bf will be offered a plea, and how much time he will serve. If this information is important to you, retain...

    11 lawyers agreed with this answer

  10. Can someone with a "springing" power of atty force the sale of a property signing as as joint owner

    Answered about 1 year ago.

    1. Theodore Michael Hankin
    2. Paula Brown Sinclair
    3. Erika L Yuen
    4. Paul Rutledge Durr III
    4 lawyer answers

    Exactly what is happening in your family is far from clear in your question. As a general rule, a springing power of attorney is activated on the occurrence of certain conditions, which are stated in the power. Disagreeing with choices made by the principal is not usually a sufficient condition. Be aware, however, that the status of any power of attorney may not be the real legal issue in your family. It appears that you may be attempting to neutralize the effects of action that defeats...

    11 lawyers agreed with this answer