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Benjamin J. Comin

Benjamin Comin’s Answers

22 total

  • Ex died without a will stored belongings in another friends storage how can i get them?

    right after the death, this friend ofwho onlyknew deceased one year, ive known 20 together for ten and I was told many times that i was getting these things by my ex and now he is trying to keep them what if anything can i do ?also parents of de...

    Benjamin’s Answer

    Your ex may not have had a formal will, but there are a variety of ways to establish the intentions of your ex to give you the items. You may be able to do so depending on the evidence you can produce to show that he intended for you to have them upon his death. Consult with a probate attorney who will be able to assess whether you have enough to take it into a judge and win.

    In any case, the friend is not entitled to the items. Who the items go to is determined by Nevada intestacy laws (assuming no will). Again, consult with an attorney (as they will need a bit more information) about your specific situation to determine who the stuff should go to and if it would benefit you. Best of luck.

    Disclaimer: This should not be relied upon as legal advice. You need to consult an attorney who can assess your specific situation. I am always happy to counsel individuals about their cases. Please call my office at the number listed on my profile.

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  • Loan from elderly payments

    we loaned my son $11,000 to get his truck from a title loan where he was paying over 100% interest He signed an agreement. Gave us 24 signed checks to deposit in our account, He also gave us the title. His first ck bounced. When I called him he ...

    Benjamin’s Answer

    It's never easy mixing money and family. It sounds like you have two concerns: (1) whether you will get sued and have to pay a bunch of money and (2) how you can get your $11,000 back. If you in fact have an agreement signed by your son for the payment of the $11,000, the title to the truck, and can demonstrate that you were never paid, you're in pretty good shape. If he does sue you, you will have ample evidence to demonstrate that the suit is frivolous. Depending on the judge, you could even have your attorney's fees paid by your son (although don't count on this since it doesn't sound like he has any money). It seems doubtful that you could be found liable to pay his attorney's fees or damages.

    Deciding whether to sue your son to get your $11,000 back is a bit more difficult. If you know he doesn't have any assets that you can collect against, it's easy - don't do it. You'll spend a lot of money getting a judgment and then not be able to collect. If he has money or assets, then your only question is whether you, as his parents, would like to pursue the claim. That part of the equation is all up to you.

    Disclaimer: This statement should not be relied upon as legal advice. You need to consult an attorney about the matter who can discuss the matter in greater detail and assess all aspects of your particular situation. I would be happy to discuss your matter with you. Please call my office at the number listed on my profile.

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