Skip to main content
Ian A. Scharg
Avvo
Pro

Ian Scharg’s Answers

134 total


  • Girlfriend is pretending to be wife at hospital and risk management and social worker won't do anything.

    We have given a legal papers stating brother in law were never married. We don't know what else to do

    Ian’s Answer

    Speak with administration and if your brother in law does not want the girlfriend visiting him, then consider getting a restraining order.

    See question 
  • Can my spouse see another doctor after a release from their 1st doctor because he did all he could but spouse not 100%

    Husband and 2 kids were slammed in the rear May 2014 causing over 12k damage totaling our car. The have been seeing a doctor since the, kids released in August and husband released in September. Husband was released still with muscle spasms and ne...

    Ian’s Answer

    If you and your family were in a serious auto accident, you may want to consider speaking with an attorney here in Sacramento to determine if a lawsuit is necessary. Also, consult an attorney before signing anything from the insurance company.

    See question 
  • Is it considered as a medical negligence? Can a rehab facility prevent patient to take photos of their own injury?

    My husband is paraplegic and has been transferred 3 weeks ago from the hospital (5 months) to a rehab facility in CA. He is still on a process on healing an open wound on his lower back and he has been transported by an ambulance 4 times a week to...

    Ian’s Answer

    Generally you are allowed to take photos of your own injuries. Just make sure no other patients are in the photographs because you do not want to violate anyone's HIPAA privacy rights. If your husband was injured during the transfer you may want to consult an attorney to determine if he has an action. Best of luck.

    See question 
  • Can you subpoena Skype calls that you were not involved in?

    Can you subpoena the Skype calls of the other party with other people?

    Ian’s Answer

    It depends on whether or not they are reasonably calculated to lead to admissible evidence. Also, you are required to give the party notice and they have the right to object to your subpoena. They may file a motion to quash your subpoena as well based upon privacy concerns. You may want to consider consulting an attorney on this issue because this will likely lead to a motion to quash and having to oppose it.

    See question 
  • My Mother passed 7 years ago will had a no contest clause. I had a mental disorder up until now. Is it to late to contest?

    3 million estate, assests in california and texas. At the time of death I was suffering from serious depression and anxiety. I have been medicated and want to know if is to late to contest. I also have a feeling that my mom transfered oil lease...

    Ian’s Answer

    You will want to get a copy of the will and bring it to an attorney in your area to determine if you have a right to any portion of the estate. You will also want to look into whether or not the estate has gone through probate and if so, how were the assets distributed.

    See question 
  • Father died from neglect in nursing home in California. Who can file the lawsuit?

    My father had died from neglect from nursing home. ICU doctor immediately said he was going to open look into. My mom and dad was still married, my sister falsely got power of Attorney and she was telling doctor's my dad was divorced. She calle...

    Ian’s Answer

    Under the Elder Abuse and Dependent Adult Civil Protection Act, either the decedent's personal representative or successor-in-interest may file the action. The personal representative is typically appointed by the Court, the successor in interest needs to file a declaration with the Court. See Code of Civil Procedure section 377.30, et seq. Elder Abuse lawsuits are extremely complex, you will want to hire an attorney to prosecute this case on your father's behalf.

    See question 
  • I used Turbo Tax to file taxes for my friend that works at 7-11. I believe the manager of the store committed tax fraud.

    My friend's W-2 form doesn't list 7-11 but rather the name of his manager as the actual employer. I met my friend while he was working and I know this guy is a full time graveyard shift worker. My friend has yearly salary appeared as $1500 for a y...

    Ian’s Answer

    If someone is committing tax fraud you would consult with the IRS. See the following link http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F

    It is a very serious criminal offense to accuse someone of tax fraud and it should not be taken lightly.

    See question 
  • I'm the trustee of my mom's trust. She died in May. Her trust has nothing complicated. There was around 2,000.00 in

    The trust accounts when she died The house and contents have yet to be sold 250,000.00. My brothers, the successors trustees have committed breaches of trust, embezzled assets , and this week stopped escrow days before it was to close. They refuse...

    Ian’s Answer

    If you are the trustee, you need to retain an attorney to help you follow the terms of the trust. If your siblings did in fact embezzle assets, etc., then you (as trustee) may have a cause of action against them. However, all of this should be done with an attorney as trust proceedings can become complicated quickly. Best of luck to you.

    See question 
  • Why would a skilled nursing center where my mother recently died refuse 2 written requests 4 release of all her medical records?

    On About February 3, & March 6, 2014, Sent By USPS Certified Mail, letter requests for all my mother's records. The "Skilled Nursing" Center refuses to respond to my requests for all her medical records. Exactly What Must I Do To Get Their Attenti...

    Ian’s Answer

    If you hire an attorney in CA, the law allows for an attorney with proper authorization to get medical records on behalf of an individual for an investigation under certain circumstances. Best to contact an attorney for assistance with this.

    See question 
  • What type of attorney can help for investment loss?

    Hi, I have invested in a small company and receives series a series stocks and promised x amount of returned within 3-6 months when the product launches. More than a year later, the product never launch and it's kinda in a dead state. The compa...

    Ian’s Answer

    There may be a potential way to get at least a portion of your money back if the LLC is running out of money and headed towards bankruptcy., especially if you were defrauded. Many fraud lawyers offer a free consultation and would be happy to talk to you about your rights and remedies.

    See question