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Erin Levine

Erin Levine’s Answers

210 total


  • Can you help?

    http://www.dailykos.com/story/2016/01/18/1471112/-Mass-gassing-of-kids-in-Wisconsin-and-Scott-Walkers-exit-from-the-Presidential-Race I feel unsafe.rights violated Need federal civil rights attorney

    Erin’s Answer

    If you are looking for an attorney, your best bet is to Google an Civil Rights attorney in the area of the problem, i.e., Wisconsin and have money ready. Very rarely can an attorney work for free (pro bono) as much as we would like to because we have bills to pay and families to feed. It's just life.

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  • What should i do?

    I applied for a inbound sales position at ComcasXYZ and they sent me a job offer and went through the entire process untill background came up. It took the company 5 weeks to get my criminal history that the judge said i didnt even need to disclos...

    Erin’s Answer

    • Selected as best answer

    Have you spoken to a lawyer about having the conviction expunged? If the endangerment of the welfare of a child (misdo) did NOT involve a simultaneous conviction of child abuse you may be able to get it expunged so that you don't have to disclose it.

    Was it more than three years ago? Is your record squeaky clean since then? No arrests, convictions, nothing ANYWHERE AT ALL? If you are good, I would highly recommend speaking to someone and get that off of your record. as my colleagues have said, can't do much about it retroactively but going forward you can save yourself toms of drama and headaches.(Switched your area of law.)

    Happy Holidays

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  • How to evict a tenant after the lease is terminated and won't move out

    We got a roommate and rented out two of our rooms in our house about 3 months ago. However it wasn't working out with his due to his significant other constantly staying over (including her doing her laundry at our place...all utilities paid by us...

    Erin’s Answer

    Asker of the question- if you need a lawyer, either of these two are really good at what they do. If you wish to file an FED, I would recommend speaking to an attorney first, and really hiring someone because as you have been told here if you don't do it EXACTLY right, your case can be tossed and you will have to pay your tenant's fees and costs. Not fun. It is way better to spend the money for a great attorney up front and possibly get an attorney fee award that tenant has to pay.

    On another note, is your tenant completely up to date on rent?

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  • Can I have the fraudulent 1943 wills reopened and is there someone who can do this?

    in 1943, on a Montana Indian Reservation, my Aunt, a Bureau of Indian Affairs employee, wrote 2 fraudulent wills on my grandmother that has continued to corrupt the Interior Board of Indian Appeals probate system with fraudulent wills, false birth...

    Erin’s Answer

    I agree with Mr Sharkey. Contesting a Will 70 years later won't be cheap, or easy, to put it mildly. How are you personally affected by a 1943 Will? Since we don't know your age, we need to ask - were you alive then?
    Did the grandchildren have a direct bequest in the Will? Or just through his and her respective parents? You will have to have standing to get a Court to re-open a probate 70 years later, and be able to answer the question "Why now?" I am curious too. Why now?

    Generally speaking, to contest a Will, one must prove the Will's author was coerced, was under duress, or was mentally incapable of signing his or her Will and did not know and/or understand the legal significance of doing so.

    Since the Will's witnesses are either dead or really old and a memory of one day 70 years ago may be hazy, you will need to have other evidence and testimony as to your grandmother's capacity and intent. You must prove that the Will you DO have is not hers if you are alleging it fraudulent.

    And, you need to know that you will very likely spend a LOT of money as your attorney gathers information and prepares.

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  • Can PERS collect for overpayment of an IAP account from a beneficiary after the estate probate has closed?

    I am the spouse and beneficiary of my deceased wife’s IAP Pers account. They gave me a lump sum payment on her IAP account several years ago. The estate was put into probate and closed after the legal amount of time had passed. Now years later,...

    Erin’s Answer

    How MANY years later? I would definitely advise looking over the paperwork you received from them when your wife passed. You would have had to notify them that you were the beneficiary of the account. There may be something in there specifically about overpayments, but as Mr Shields said payment wasn't made to the estate, it was made to you directly. That asset, with a named beneficiary, passes outside of probate directly to the recipient.
    I switched the area of law because your benefit is a result of your wife's employment and there are attorneys who practice PERS specific law.

    Then, you could call the Oregon State Bar lawyer referral service and request an employment lawyer who knows PERS. The OSB-LRS panel attorneys offer an initial consultation up to 30 minutes for only $35!

    Great way to get some case-specific information, since on here we can really only give you general info. We don't know you or your facts so we have to keep it somewhat vague for everyone's protection.

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  • What can I do? Can I legally be evicted from a domicile that isn't currently up to code for reasons not of my doing?

    Renting room, multiple issues (drawings on walls from past family, downstairs toilet is inoperable, kitchen sink leaks, garbage disposal doesn't work, landlords animals messes are not cleaned up, and most of all landlord makes me feel extremely un...

    Erin’s Answer

    With the exception of possibly one thing, you don't have Code violations going on. An uncomfortable living situation to be sure, but nothing against city code.

    Children drawing on walls = bratty yes, code viol. no.

    Downstairs toilet non-functional = non-issue.
    The law doesn't make you have more than one working toilet.

    Dog pee/poop/barf - inside? Unsanitary but Code Violation? Depends. On the other hand, it is not your dog, but if it is literally ALL over the place where you are living, and you just step over and by it too, then I would ask you why you are still there? Outside? Nasty, but there is no law that says you have to pick up your doggy doo in your own yard. It would be impossible to enforce.

    Finally, there is no law, code, or statute against being a jerk. If so, 90% of the people driving would be breaking the law just for that. Courts cannot make people apologize.

    You say your LL says move out or stay in your room in the eves. (S)he can't do that because you pay for the right to use the whole of the house, i.e., bathroom, kitchen, laundry room, but again the bigger question is why would you WANT to stay there?

    If it is just a financial issue, you can't put a $ on breathing fresh air, nor can you on surrounding yourself with positive, friendly people.

    Life is too short to be unhappy, friend. Good luck to you, and get out of there!!! ASAP

    (*PSU and Lewis & Clark, as well as Craigslist, will have roommate search boards.)

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  • Discovered LL faked "Purchase Agreement" intent to evict. What can we do? DO we still have to move? Crimes committed? ADA-Elder

    Over 3 years, 2 prior attempts for LL to evict, most recent April/May 2015- tenants prevailed in court proceedings. First week of September 2015, tenant was contacted by a (friendly) HOA neighbor and a member of the HOA, during a condo associatio...

    Erin’s Answer

    Seems like an awful lot of work and hasslewhen all your LL really has to do is give you a 30 day No Cause Termination of Lease. He doesn't even have to give you a reason, just give you 30 days UNLESS your tenancy is week-to-week instead of month-to-month and then he only need give you 10 days.

    If you have not paid rent, you can be evicted. If you are in drug/alcohol free housing and violate that, you may have to be out in 24 hours. There are a variety of "for cause" reasons with different times. The 30-day one, however, needs no reason. Probably should not let your LL in on that. Good luck to you!

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  • What should i do? it seems like they broke the lease before i moved in, which would make the lease null/void right?

    Hello i live in eugene oregon. i rent a 3 bedroom,2 full bath, fireplace and garage for 1275 a month. since we moved in the property mgmt company told us that we can no longer use the fireplace. the owner decided to opt out of that option. the gar...

    Erin’s Answer

    Questions for you - when did you move in? how did you come up with a 22% reduction in the rental value based upon leaky shower door, leaky garage roof, and non-working fireplace? Usually rental reductions of that size are for not being able to use whole rooms.

    Here, buy a bath mat or throw down a towel. We have a shower curtain but my teenage boy forgets to close it (EVERY NIGHT, sheesh!) so water goes everywhere.

    Fireplace? Did you ask on your initial visit to the place if it was working and received a clear unequivocal YES?

    Is the garage a stand-alone or attached? Are you using it for storage or vehicle? If it has been leaking for two months, why didn't you see discoloration on the walk-through?

    Also, it may not be property mgmt's job to fix things, rather the property owner's. How many times have you asked for repairs of the shower and roof? In writing? (You need to put it in writing, and save a signed copy with a copy of the fax cover sheet or stamped envelope.

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  • What kind of lower do we need to look for and do we have to have the death certificate before we can get the power of attorney

    my father-in-law pass away and we need to get a lower to help up with the estate and the debt and we need to get power of attorney

    Erin’s Answer

    So sorry for your loss. As my colleagues have said, the Power of Attorney ends with death so for the PO and DMV to want one is silly. It is just a piece of paper at this point. Also, unless you are the spouse then you have no right to transfer mail or vehicles out of the decedent's name until a probate or Small Estate Affidavit (like a junior, way less expensive and easier version, of probate) is filed.

    Another thing to think about, and this is quite important, if the vehicle(s) is/are in your FIL's name only they belong to his estate until transferred. Unless there are co-owners and subsequently CO-INSUREDS no one should be driving the car(s). Say for example you did, before getting DMV paperwork done - the insurance company won't insure the deceased so you are effectively driving without insurance. 1) that is a problem for you, and you will get a ticket, 2) if you injure or kill someone in an accident, both you AND your FIL's estate can be on the hook for damages. Someone will be and it won't be the car insurance company because without a valid driver you don't have valid insurance.
    Even if your MIL thinks she can drive the car, your state intestate laws may say otherwise.

    You DEFINITELY should speak to a probate attorney before doing anything further.
    Best of luck to you and your family.

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  • Is it legal for a consumer to use a coupon infinitely? (Black Friday and deals in general)

    What are the laws surrounding the use of coupons? If a retail company offers a coupon, say $5 off $5, and new unique coupons can be generated an infinite number of times, are there any kind of criminal charges for fraud or stealing a company can b...

    Erin’s Answer

    I think we are all confused. Are you asking if you can go through the line and buy 1 zillion items with 1 zillion new coupons that you have either printed or cut out for each purchase? That's extreme couponing or hoarding, or some other TLC show. You can do any of the above. But if you are asking if you can take 1 zillion coupons to buy 1 item, not likely the store will allow it. It the small print doesn't say Non-transferable, one item only, or something similar then you can perhaps double up, but usually stores are pretty specific about the one to one. That's what makes Extreme Couponers do what they do. It's the challenge.

    Shalom Mr. Kaufman.

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