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Paula Brown Sinclair

Paula Sinclair’s Answers

8,000 total


  • Chiege Okwara is an ugly female criminal African attorney who isn't even the best in town

    Think twice before using her or you might spend time in jail

    Paula’s Answer

    TOS violation flagged for removal.

    A word to the wise, Dear Asker, disparaging an attorney on a public forum like this may be suicidal. Contact Avvo customer service to delete this post before the someone who can really make your life miserable sees it.

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  • Does a power of attorney take presidence over trustee when a person passes away?

    what has more power the trustee of an estate or the power of attorney?

    Paula’s Answer

    A power of attorney expires upon the death of the principal, and the agent has no further power. After death management of the decedent's estate is carried out by the Personal Representative (sometimes still called "Executor") or the trustee of an existing trust.

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

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  • I purchased old desk at estate sale. I found hidden compartments with an array of stock certificates. What are my legal options.

    After finding the stock certificates I went back to the estate sale and asked if there are any living relatives I could contact about the desk. The only answer I got was the owner of the desk passed away 5 years ago. The desk with the hidden st...

    Paula’s Answer

    As a general rule, the contents of an object sold in the manner described are considered part of the sale, and there is no legal obligation to return the contents, even if concealed and not apparent to buyer or seller. Finding stock certificates, however, is not like finding diamonds or coins. The certificates themselves have no value (except in rare cases old enough to sell as ephemera); they merely document ownership, and the owners are almost certainly the heirs and/or beneficiaries of the estate of the decedent. Typically stock ownership is registered with the corporate secretary or transfer agent, and the certificates themselves are not negotiable. A wise strategy would be to search local court records to find the probate action and contact the Personal Representative or counsel. Another issue will be whether the corporations even continue to exist. If not, the shares may be worthless.

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

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  • Does a Prenuptial have to be reviewed by separate attorney for each party getting married or is Notarized valid in CA Court ?

    Checking to see if I can use CA Prenup from Web, and if I notarized Prenup, is it valid in CA court ??? Or, does Prenup have to be written by separate attorneys to be recognized in CA court ???

    Paula’s Answer

    Most respectfully, you are missing the point.

    While a marital agreement can be written by anyone (or even originate as a plain vanilla or cheap one-size-fits-all form) the key to enforceability is independent representation for both parties. Further, the term "notarized" is non-specific. Likely a CA marital agreement must be acknowledged (as is the case in the state where I practice) but a prudent party would rely on the advice of experienced family counsel for proper execution of such an important document.

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

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  • 2nd time applying, got approved for Social Security Disability, but was told will not be getting any back pay.

    I originally applied June 2010 but was denied. did not appeal, went back to work only lasting sometimes weeks to months at each job, the longest I lasted at 1 job was 8 months in 2013 to 2014. Don't know why I am not approved for back pay, at leas...

    Paula’s Answer

    • Selected as best answer

    To clarify Mr. Pham's response, one of the important "findings" in you decision will be your disability onset date. Following that date, there will be a period of five full calendar months, called the "waiting period," during which no Social Security disability benefits are payable. The first month after the "waiting period" will be your first month in pay status. You may have claimed a disability onset date back in 2010, but it would be unusual for the evaluator to ignore months of work activity after that date.

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

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  • Do I ned a living wil

    Hi Avvo, Got a question What is a living will? I read something about Mesopotamias believing that death is like being dragged slowly into the underworld. So if I wright a will of the living department, will I be able to save myself from this e...

    Paula’s Answer

    A living will is a statement of medical care that you wish to have or not have under certain "end-of-life" conditions. You do not NEED one, but you may well WANT one. The proper professionals to discuss your end-of-life care concerns with you are your doctor and an elder law lawyer.

    Regarding your church and spiritual advisor, if you feel threatened by the "evil underworld" they describe, remember that you are not required to adopt their beliefs (which, by the way, would be rejected by many).

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

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  • Is the amount I will ask Walmart for settlement a fair amount for what Ive gone through?

    I filed a complaint against Walmart's denial of my workman comp claim. I developed Plantar fasiitis in my right foot due to management changing the mats that the cashiers stand on. I had never had any problems with my foot before then. Their lawye...

    Paula’s Answer

    Most respectfully, you are way over your head. Your understanding of the settlement process is insufficient and you seem uninformed as to very basic workers' compensation terminology. You may have a fatal inability to prove that work conditions caused your impairment, and there is no indication that you have reached maximum medical improvement.

    A public information forum like this is no substitute for a flesh-and-blood attorney who can review medical records and insure that you have received all of the benefits available to you under the workers compensation laws. Retain experienced workers compensation counsel before this turns into a regrettable misadventure.

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

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  • My husband filed for divorce. We have agreed on all issues & a paralegal drafted our agreement.

    Since we have an agreement with everything, I will not be filing a response and we will proceed as a default, attaching our agreement to the default paperwork. Can I have my former name restored in the judment? I see on the judgment form (FL 180...

    Paula’s Answer

    What, exactly, does this paralegal practice? Para-law?

    Most respectfully, you are playing with fire. Neither your reliance on the assistance of a non-licensed person engaged in the unauthorized practice of law, nor "advice" from a public information forum is wise.

    A far better strategy will be to find local experienced family counsel who offers "unbundled" services to provide the assistance you need to complete the divorce process.

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

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  • I have just found yet another document where my husband's lawyer is notarizing (as a Witness) my signature.

    I keep uncovering document after document in several states, and the latest is a transfer of a property that is labeled "Witness": 'Sam Smith' who then also is the Notary Public (solely) on this same document, that bears my "signature" (forged, I...

    Paula’s Answer

    This description merits immediate review and action by counsel experienced in the area of law involving the false documents. Such conduct may need to be reported to the bar that has licensed the attorney, and damages may need to be claimed against the Notary's bond.

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

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  • Another case

    I am in a military and was accused of a rape case. The accuser refused to check her organ and because of that the case was dropped. But now the army still finding a new case to file against me i think its fraternization and adultery. What can you ...

    Paula’s Answer

    I can say that making statements about this situation on a public forum like this is unwise in the extreme. Contact Avvo customer service to delete this post. Contact your JAG office immediately to arrange adept defense counsel, and make no further statements to anyone other than your own attorney.

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