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James G Robin

James Robin’s Answers

8 total

  • Do I need to set up an estate in order for life insurance company to pay proceeds from policy?

    James’s Answer

    If you are named as the beneficiary of the policy proceeds, it should not be necessary for you to make application for the probate of your aunt's estate in order to be paid the insurance proceeds. It sounds as if the beneficiary of the policy may be your Aunt's estate, rather than you. I think it might be beneficial for you to seek the help of an attorney to deal with the insurance company. The attorney can also help you work through the probate process in Florida , and determine whether their are other heirs that must be notified. Good luck to you.

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  • Who handles estate after person dies doesn't power of attorney end

    James’s Answer

    The effectiveness of an appointment of an attorney in fact ceases on the death of the principal. if the decedent died with a valid will, the person nominated in the will as the personal representative or executor will upon petition to the court, normally be appointed to administer the decedent's estate according to the probate laws of the state.

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  • I had a loan of $400 deposited to my bank account but I didn't apply for it. I never applied for a loan recently. What do I do

    James’s Answer

    Your first step should be to contact the lender, advising them of the mistake and asking how to return the money. If the lender disputes that a mistake was made, insist that they tell you how to return the money and let the lender know that you intend to contact the Better Business Bureau and the Minnesota Department of Commerce. It is very important that you do not make use of the money!

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  • My Fiance recently recieved a lawsuit from a unpaid dental bill in 2009, she was 19 at the time under her mother's health

    James’s Answer

    The fact that your fiance was covered by her mother's health insurance, does not make her mother responsible for her medical or dental bills. A suit against her mother would likely be unsuccessful. But neither are you responsible for the dental bill. if your fiance does not have the financial ability to pay the bill, call the dentist, explain her inability to pay and offer to settle the claim for a reduced amount and possibly with payments to be made over a period of time. Most importantly, do not ignore the suit and make certain that you submit a proper and timely response.

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  • I paid off my father's mortgage. Now he changed his will, so I do not get my money after the sale off the house.

    James’s Answer

    More facts are necessary to determine your options. The nature and content of the document signed by your father, whether your step mother also signed the document, the state in which the property is located, the circumstances leading up to the decision to pay off the mortgage and the expectations of both your father and you at the time you paid off the mortgage are all important to consider in determining what options you might have available to you. i think you need to consult a different lawyer. I suggest that you look for a lawyer who has access to expertise in contract law and real estate law.

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  • I have a large back tax debt, if I get married, will my wife be responsible for that debt?

    James’s Answer

    Marriage will not expose your wife to personal liability for your tax debt, but there could still be financial consequences to her. If any of her assets are commingled with yours and end up jointly or solely in your name, such assets may be subject to levy. The filing of a joint income tax return would expose the entire refund, if any, to seizure to pay your tax liability.
    Beyond these, you should also be mindful of some other practical problems. To the extent your earned income or assets are subjected to levy or seizure by the IRS, they are not available to help pay future living expenses. Also, joint credit may be much harder, if not impossible, to obtain.

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  • What can i do if a verbal contract between me and a company is not full-fill?

    James’s Answer

    I can understand the frustration that you have been experiencing. The first thing that you should do is look at the printed language of the written contract. Does it limit the effectiveness of statements or representations made by the third party or does it disclaims the effectiveness of all oral statements made? If such written limitations or disclaimers exist in the written contract, then it is likely that the carrier will not be bound by the oral statements of the third party.
    If it does not contain any such limitations or disclaimers, then the carrier may be bound by the representations. But you still face difficulties of both proof (if the third party denies making the statements) and enforcement (if the carrier refuses to honor the representations by the third party).
    Since both the carrier and the third party are likely to be concerned with their business reputations, you might want to explain to both that you feel that their refusal to abide by the representations amounts to some very bad business ethics and that you intend to take your complaints to the Better Business Bureau, local news outlets and online consumer complaint groups.
    If the service of the carrier does not meet industry standards, a judge might be inclined to relieve you of your obligations under the contract you signed, but the cost and time delay of a District Court action would likely prohibit the benefit of such an action.
    If all else fails, try filing a Conciliation Court complaint against both the third party and the carrier. The filing fees are relatively inexpensive and you will usually get a hearing within sixty days.

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  • Our rights as a small business owner to be paid and to keep our employment

    James’s Answer

    The answer to your question will require additional information, but you should know that the relationship between your LLC and the condominium association is one based on contract. Whether the conract is written or oral, it consists of whatever terms you negotiated with the condominium association and whatever terms are implied under Florida law. For example, was there any discussion about how long the contract would last or how much notice you would be entitled to, before the contract would be terminated? If there was no discussion about advance notice, then you would need to check with a Florida lawyer to determine whether any "notice" provision would be implied under Florida law. You may also want to talk with the person who originally hired your company to do the work. You might find out that the person who "fired" your company did not have the right to do so.

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