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Joseph Ostrowski’s Answers

386 total


  • What should you do if an executor of a will is withholding inheritances from the beneficiaries?

    My mother passed away 1 year ago. Before her passing, she expressed her wishes that I inherit her jewelry and some other items. My father is the assigned executor of her estate. I have tried asking him if anything was left to me in my mother's...

    Joseph’s Answer

    Usually husband and wife make mutual devises to one another and if your parents have a standard will they leave all they own to one another then to the children or who ever. Don't be pushy, your father is grieving and having you clamor about the will, might induce him to change his will. Don't fight with your dad over possessions, he will lose respect for you and you will resent him.

    Good luck. You may have to wait to get yours, don't be fixated on possessions, it makes you look bad if you are making a stink about it. If your mother devised it to you, it may pass to upon your fathers passing, but maybe not before.

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  • Is it legal for my employer to make me pay for food mistakes?

    I am server in a local restaurant. Today I had a woman order a steak with mushrooms. The kitchen forgot to put the mushrooms on the steak and it wasn't until the end of the meal, when I had given the check, that the woman even realized the mushroo...

    Joseph’s Answer

    Your manager has several "complimentary" meals to handle customers. But if the mushrooms were a key to a meal, the manager could give the whole meal as a comp or simply remove the cost of mushrooms. Where do you work because I will never eat there if they treat there servers like this. You should not be forced to pay for a non-material mistake. This is wrong, the restaurant has no right to recover cost of things that were never sold. It's called unjust enrichment at your expense.

    I would go up the chain of command, if they fire you that's something also making you pay for something that wasn't sold does not pass the smell test. I would contact corporate .

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  • How can i be chargedd with ouid if i was not driving

    i was sitting in the pasenger seat

    Joseph’s Answer

    Being intoxicated in a car in a car being operated by an intoxicated driver is not a good thing. If you were alone, intoxicated and sitting in the passenger seat and had the keys, there is a presumption that you dove the car to the location and maybe knew you were intoxicated and got in the passenger seat to sleep it off. Probable cause to investigate a car parked on the road or in an unusual place or an unusual way, that is not moving as it could be abandoned, stolen, inoperable, checking the plates and tags are also legitimate police activities. Now if the police see you are alone in this car and drunk with the keys they have probable cause to believe you drove to the location. It is not unusual for friends who see other friends hammered to encourage them to sleep it off or if you passed out at a party to put you in your car in the passenger and put the keys in your pocket or on the floor. This is all speculation, but there are a million scenarios I can come up with for a DUI with you in the passenger seat.

    Need more facts, the song remains the same your charged with a DUI, which you might have a defense to. My advice is to lawyer up. A OUI cannot be expunged from your record.

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  • Can I cancel an agreement with a roofing contractor without paying the 33% it says I will owe if I cancel?

    I had hail damage on a house on 7/1/12 and I signed a contract with a roofing contractor to do the roof and siding work. I had many problems with my insurance but finally received payment. The contractor wanted to talk to my insurance on my behalf...

    Joseph’s Answer

    Tell them they have lost the job. An essential element in a bargain is an agreement on the work to be done and the price. What motivated you to sign a contract with no price. What would 33% of nothing be? A big fat zero. Tell the roofer you'll pay him 33% of nothing. There is a Latin phrase "quantum meriut" which ultimately being paid for what they have done. They have no right to speak to your insurance company, because all they are going to do is drive up the price for unnecessary work, but want to get it improved. I suspect that a lot of houses in your area had hail damage. The 6/17/12 could have been an error and the insurance company would be suspicious, People are not usually not off by a month and this roofing company is trying to strong arm customers by providing low bid or no bid contracts to chase away competition and will usually say after quoting the price, say that the damage was more extensive than they thought and will need more money. Or if they can leave a blank space in the estimate area they will get you to unwittingly collude with them to rip off the insurance company.

    Key terms to remember when entering a contract: 1.) Exact work to be done. 2.) The price of the work to be done 3.) Material cost. 3.) When is the work is to start/finish. 4.) Acceptance of the proposed offer (you may need to submit estimate to insurance company for their approval) Remember the insurance you have is your asset and if they (evil insurance company) feel they've over paid they could raise your rate or drop you (but don't worry there are plenty of insurance companies out there battling for your insurance dollars and they all like to keep as much as they can and they do. So don't worry if you get dropped, be mad that you have paid them premiums for years and it has cost you a lot more than them to insure your home (but I digress). 5) A partial payment (so they can buy materials - negotiated, usually 10-20% with the remainder paid when the work is completed to your satisfaction. Oh, and before they start work make sure they are licensed and bonded and that they will be responsible for any damage to your plants, trees, lawn, shrubs and performing all things in a workman like manner.

    If they haven't started work yet, tell them to take a hike and call the BBB and file a complaint. If they have call your insurance company and ask them to send a representative to the home while all of you are there. Send these guys down the road if you can. But in any event you will know what to do next time. These roofers don't sound like they give a damn about anything but money. Tell them no work means no pay and that means they get 33% of their quoted contract price which is nothing. Even if they quoted a price they don't get 33% as that would lead to unjust enrichment and payment of quantum meriut, that which he deserves.

    If the roofer is dumb enough to demand 33% of work that was not done and says hell sue you, tell him that's fine, but you are 1.) Going to call the police department or file a complaint with the police and the prosecuting attorney (but that's a bluff) and then you are going to call your insurance company and get the roofer black listed as a favor to your carrier (they'll probably thank you and keep you) 2.) Ask the insurance company for a list of approved roofers, as they may have a list. Sometimes you have to pay a little extra, I get the impression, the roofer you are dealing with will say there is guarantee on the shingles from the manufacturer, but tell him you want a guarantee on his work for 5-10 years.

    If you like my answer or think it's the best so far please give my answer feedback as I did spend considerable time on this question. Thank you for allowing me the opportunity to help with your problem.

    Thanks and good luck.

    If you run into problems and feel you need representation consider contacting me at (216)316-3161

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  • What kind of sentence does the 52-3 Rochester court typically give out for OWI 2nd offense?

    I was wondering what I could be looking at if I am convicted of an OWI 2nd offense in Judge Asadoorian's court. I understand she is extremely tough on defendants. I already know what the potential penalties are according to the law, but I wanted t...

    Joseph’s Answer

    You are probably looking at a least probation and possibly a license suspension, the judge could impose some jail time. If I were in Judge Asadrosian's shoe I would be wondering what I need to lessen the threat that you are going to drink and drive again and possible kill someone, because obviously you have not gotten the message. I don't know what if any mitigating factors may apply, but under the circumstances I would be seeking to get the message across, that drinking and driving can kill people and maybe you don't deserve driving privileges. You might be hoofing it, riding a bus, a taxi or riding a bike to work.

    Don't expect mercy, expect the worst if you go it alone and my best advise is that it behooves you to "lawyer up". If you blew way over on both DUIs you may be up the creek.

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  • My daughter just had her second baby this weekend today the hospital staff told her that she need to let them do a drug test

    on him. because of a past child abuse case that has been closed and the other child is back with her. can they do this.

    Joseph’s Answer

    Yes they can and will as it is in the best interest of the child. How insanely selfish if she was "using" during pregnancy and more so if she continued to use after she knew and if she was using up until delivery, they may seek to have Family Services Intervene and may place the child in foster care, or a suitable environment, perhaps your home is best. The logic is that 1.) If she wasn't using why does she care and 2.) When she is released she may go right back to using and neglect the child. If she is clean then who cares? The hospital has a duty to its patients and that means mom and child and they are duty bound to protect the child who cannot protect him or herself.

    Good luck.

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  • If your vehicle is parked and searched by police and pharephinella is found.

    The passenger made a full confession that the pharephinella was his can the driver of the vehicle be charged as well?

    Joseph’s Answer

    A little more information is needed, but if it appears you were both using marijuana you could be charge with a substance abuse charge. It was in your car, that's a problem. Did you know it was in the car. Were you given a ticket? What were you doing in a parked car with paraphernalia? it had marijuana resin in it correct and it didn't get in that way after one use, correct? Was your car towed? Was your car parked legally or illegally and where? Did the police ask to search the car? And finally the $64,000 question,did they have probable cause to search the vehicle? if you can provide more facts I can give you more answers. If your buddy copped to the phareephinella you'll probably be OK, but you are not out of the woods.

    Good luck.

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  • Marriage can i get married if i have a guardian in michigan

    can i get married if i have an adult guardian in michigan im 25

    Joseph’s Answer

    I really need to know more information. The one question I have that may be a key to the answer is:
    Why do you have a guardian in the first place at the age of 25? Give me that Answer and I'll be able to give you an answer. If you would rather contact me call at (216)316-3161 for a free consult.
    You may inquire of your guardian as well.

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  • Can I end my lease without penalty due to mental anguish.

    I have been in my current apartment since April of 2011. In that time, I have had to file 2 police reports for theft, one for attepted burglary, and one for armed robbery that just happened two days ago. Two men came into my apartment and put a ...

    Joseph’s Answer

    You are in a tough spot. Tell your landlord that you are in fear for your life based on the incidents. That security measures need to be taken, like steel grates/bars and other security measures need to be taken. You can tell him that you will pay the rent into an escrow account at a bank (and really get one don't bluff) give him the bank name and account number. Indicate that you have a contract and it is his obligation to make the building secure. Give him time to take some action (cure the problem) and if he does not take these measures you will consider yourself to have been constructively evicted or discuss subletting.

    Good luck you may need a lawyer depending on out come. Tell him you won't be able to pay rent if you get robbed or killed.

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  • My ex is on the jurist box and the case is pending. can he switch households?

    He says you cannot switch households and i just want that verifyed

    Joseph’s Answer

    Not enough information please resubmit.

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