Aaron Hill’s Answers

Do I have the right to visit my granddaughter even though my ex daughter in law won't let me

Aaron’s Answer

• January 9, 2014 10:20pm

Your rights will primarily flow through your son. I assume he is the legal father since they were at one time married and my answer is based primarily on that assumption.

In their divorce, visitation should have been established, it may be at the discretion of the mother and it may only be if you are supervising it. Reading the court order will enlighten you. Court orders can be modified, but you should hire an attorney if that is needed.

You have the right to bring a case yourself to succeed will have to show that either your grandchild lived with you for 6 months or you regularly or frequently visited for at least a year or otherwise show that you have significant relationship with your grandchild and that it is in the best interest of your grandchild to continue visits, and that you can work with the custodial parent if your visitation rights are granted.

What do I have to do to get the house my father left.

Aaron’s Answer

• January 9, 2014 9:58pm

You definitely need to consult an attorney, they will benefit from having copies of all deeds and court orders in your grandmothers's probate and a copy of her will.

It is conceivable that the house belongs to your uncle if your dad's title was a life estate or tenant in common or joint tenant with his siblings. However it is also possible that your uncle overstepped and perhaps committed fraud on the court. Go out and get that attorney.

Is it illegal for my landlord/seller to turn down a partial house payment?

Aaron’s Answer

• January 8, 2014 7:52pm

You should speak to an attorney and they will need to consult any written agreements you have with the landlord/seller. 3 days sounds like really short notice, and unless you are over 1 month past due he may not be able to take action, especially since you may have more than just tenant's rights.

Do you think I will be put in prison for stealing hypo dermic needles out of a hospital

Aaron’s Answer

• January 8, 2014 7:48pm

First, if you are in the UK may want to repost as this is showing up in England, Arkansas, USA. Second, the answer may depend on quantity and net value and the purpose.

If I file bankruptcy after foreclosure of my house, will a note (loan from my ex-husband) fall under the bankruptcy as well ?

Aaron’s Answer

• January 8, 2014 7:44pm

If you file bankruptcy, you ex husband will be an unsecured creditor unless his name is still on the property. (in which case he may be considered a secured creditor if he can prove his claim). He will be in the same category as the other creditors.

Since you have children with him and he will be a part of your life in some part until they reach the age of 18 I suggest that you offer him the ability to step into your shoes and take over the house prior to the foreclosure. If there is any equity to be salvaged from the house, or if it can prevent any further damage to his credit, this goes double since he has put six figures on the line for you.

I am trying to find out which forms I need to file to terminate my son's mother's rights. Can you please help?

Aaron’s Answer

• January 8, 2014 7:29pm

Even under your circumstances, courts do not grant a termination of parental rights easily. If you were married/remarried and your spouse wanted to adopt your son, that would be one way to proceed, but to terminate rights without a replacement parent will likely be more difficult.

You should seek legal advice, this is not something you should try pro se.

Can the mortgage company take my dads life insurance money away from my mom to pay the difference in a foreclosure sale?

Aaron’s Answer

• January 8, 2014 7:01pm

The magic words are "Non Recourse". If the loan is Non Recourse, the only thing the company is entitled to is the trailer and maybe the land (depending on what the mortgage covers). Any deficiency is theirs to deal with and will not come out of your mother's insurance benefit.

Your mother could probably benefit from talking to an attorney as there are multiple issues here involving real estate, probate, homesteads, and possibly bankruptcy.

You should definitely get a legal opinion on her not being able to sell the land with the trailer attached, unless I misunderstand, any law that would purport to do that seems to be an unconstitutional taking.

Can a house with a child support lien be refinanced? House is owned by wife and lien is against husband?

Aaron’s Answer

• January 8, 2014 6:44pm
• Selected as best answer

The home should be able to be refinanced (provided your ex has the credit and the house appraises for enough), the back child support (as of the date of settlement agreement anyway) should be rolled into the refinance amount, and the lien should be paid off at the closing of the new loan.

Considering chapter 7 bankruptcy in Kansas. Question is in regards to paying rent to a family member.

Aaron’s Answer

• January 8, 2014 6:37pm

Under the theory of a sublease, you should be able to pay rent to your mother for what is a necessity, as long as it is not above fair market value. Since as it turns out, you are paying exactly the pro rated amount monthly you are not making any preferential payment to one unsecured creditor over another.

This would be my argument if I were in your shoes. You should discuss this with your attorney.

I am translating a work in the PD that quotes 1450 Bible verses. How different do these need to be from copyrighted Bibles?

Aaron’s Answer

• January 8, 2014 6:27pm

My suggestion would be to use the KJV as it is public domain and change for clarity as needed. Of course it may be that the existing work uses KJV and what you have would not be any different from what you are translating.