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Ahmed Shaikh

Ahmed Shaikh’s Answers

5 total

  • Can my father sue my grandmother? Continuation.

    she has gone through his personal belongings and has taken stuff from the house that never belonged to her. She insists she didn't @ first. Then said she did and she has every rite to do that. My father has called the cops twice. And just today sh...

    Ahmed’s Answer

    Some of the facts are not clear. However, for taking property that does not belong to her, she can be sued for conversion, there may be other causes of action as well. This is not really a probate issue but rather a tort claim. Its not clear who owns the house or why it is she thinks its her right.

    Calling the police seems like the right thing to do if she in fact has no right to enter.

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  • If a mobile home comm, breaks an agreemnt to purchase a mob.home, can they charge a lot of fees and give me no time to plan

    my mother resided in a mobile home community. She gave a 30 day notice of intent to vacate. She was told by staff at the mobile home community that they would purchase the mobile home once she left. 3 days before her scheduled move, they told h...

    Ahmed’s Answer

    There does not appear to be a written contract to purchase the mobile home. However she should consult with an attorney about possible estoppel because she relied on their representation that they would buy it. It may be possible to buyer pay the fees and rent and obtain recovery separately from the park for damages caused by them breaking the promise. This assumes your mother can prove the representation regarding the sale from the former employee and that there was detrimental reliance.

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  • Life estate

    Thank you for your answer, but what I really need to know is if the person I sell part of the estate will have full ownership after I die without my two children having to sign a deed. If I sign the deed without my children's signature, when I di...

    Ahmed’s Answer

    I cannot find the background to this question. However it appears that you are asking if a life estate confers full ownership after you die. If you provided a life estate for your own life, then that is all you conferred. A life estate is a "split interest" so the future interest, whoever owns it, would have to confer that separately.

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  • Can I be charged for filing a claim on my friends estate?

    My friend died owing me for work done. I filed a claim on his estate and the lawyers letter I received today said that my claim is meritless and that they demand I file a dismissal within 1 week or they will counter-claim against me for their char...

    Ahmed’s Answer

    A letter from a lawyer can sometimes be intimidating and frequently contain threatening language. If you are a creditor, you do have certain rights in each state. The rights may be subject to time limitations. An estate may also have the right to seek recovery against frivolous claims. Most states have some provisions for getting Attorneys fees from the other side under certain circumstances.

    If you find the claim is worth pursuing, you should seek counsel in the state where this estate is being administered.

    As a general matter in the United States, the victor does not usually get attorney's fees from the looser. A creditor such as yourself would have the right to be heard. For you, the next step would be evaluating the value of the claim to you. If you do not want to pursue it, simply contact the Attorney for estate and let them know you will agree to withdraw your claim. They will usually file whatever paperwork is necessary if you decide to fold.

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  • There were factual errors in judge's decision

    The judge decided in favor of the defendant (landlord, who withheld total amount of security deposit). The decision claims that I (the tenant) did not vacate the premises on the first of the month in question, but rather during the first week. T...

    Ahmed’s Answer

    One of the roles a Judge must play is to be a "finder of fact." If one side has a set of facts that is different from the other side, the Judge has to decide who is correct.

    Before the judge makes a decision, there is generally a process of learning which facts are agreed upon by both sides and what issues are in contention. You should evaluate this document to see if the facts you indicated were agreed upon.

    After a Judge decides an issue, if the factual errors are agreed upon by both sides, getting a correction is not a problem. These are usually small issues such as dates etc. The issues in your case seem to be the ones in dispute, though this has not been made clear.

    If the judge simply ignored the evidence, you may have grounds for an appeal.

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