A friend of mine who owed me money died and I believe the executor fraudulently filed a "no asset" estate. I am an out-of-state creditor and this was an oral agreement to borrow and pay back money. At least one of the deceased's next of kin ackn...
With respect to real estate, there are some forms of real estate ownership, such as joint tenancy with right of survivorship, in which the title to the real estate passes to the other owner at the moment of death and is not subject to probate. So it is conceivable that your friend may have owned real estate jointly with another, and that title passed to that other at the moment of his death, and is therefore outside his probate estate.See question
I struck an animal with my brand new car and it requires a new front bumper. the Manufacturer (Mazda) is refusing to supply a bumper from their supply chain and has no estimated date for when that part will become available. They have offered a re...
I don't see a legal claim here. Maybe there is a bumper manufactured by some other company that you can substitute, or maybe a parts yard can locate a bumper from a new car that was damaged in some way that preserved the front bumper. Alternatively, maybe a body shop can modify a similar bumper from a prior model year so that it fits your car.See question
Can a court reporter who works for a county district court in Kansas be considered a person acting under color of state law?
More factual context is necessary to offer an opinion that contains anything of value. The post suggests you want to sue a court reporter under 42 U.S.C. section 1983 for violating your civil rights. But the question whether you can make out such a claim is not an abstract question, it is completely fact bound.See question
I work at a bar. On New Years, just as I got off work, someone was being reckless and hit my teeth with a bottle of beer on accident. The tooth chipped off and I had to get some dental work done. How do I go about getting compensated for my repair...
You could start by sending them the bills for the dental work with a note asking them to reimburse you for them. If that works, you won't need to sue them in the small claims court. Remember that if you do sue them in the small claims court and you win, you still have to collect on any judgment the court may award you. And if they don't have the money to pay, or don't want to pay, that is another hurdle you may have to surmount. But first things first.
The other thing you can do is submit a claim with your employer. If it happened while you were still doing your job, acting in the course and scope of your employment, you have a worker's compensation claim. If you were already off work, chances are you don't have a worker's compensation claim. But consult a worker's compensation lawyer who practices in Illinois to be sure, and to advise you of any remedies you may have.See question
My grandfather just died and left everything to my mother in his will. His will requests that she not sell for 10 years and states if my mother dies within that 10 years it is to be equally split between me and my sister. My mother plans on sellin...
I don't know what the actual language of your grandfather's will is, but you characterize it as "requests that she not sell." In the law of wills this is called "precatory language" and the effect of precatory language in a will, and whether it may give rise to a trust, has been discussed in the law of West Virginia. This is an example of a 1953 case in which there was such an issue:
I cannot say what the state of the law is in West Virginia today, since I do not practice there, but you may want to consult a lawyer who practices in the area of trusts, wills, and estates in WV, and obtain his or her legal advice. Expect to pay a fee for the consultation.
Good luck.See question
My 8th Grade literature teacher is trying to force his political beliefs and opinions upon me. I don't agree with him and he's making me read all about it. Thanks for your time.
We cannot become educated citizens if we limit what we read to things we agree with. How exactly are you being harmed by reading about perspectives which differ from yours?See question
Was legally separated. Spouse passed away on 9/2016. On 7/2015 deceased spouse removed his 401 from his old workplace of 30+ yrs (which he worked the whole time of marriage) (and wife was beneficiary) and opened an traditional IRA w/banking inve...
When you say you were legally separated, do you mean that you received a formal legal separation in which a judge entered a final order determining the property rights of you and your former spouse?See question
I am working a new job. I have been there for 6 months now. My boss (branch manager) has been there for 17 years. A co worker who I will call Chris is his right hand man has been there for 10 years. Plenty of bad things have happened and ther...
Everyone has heard this term "hostile work environment." It comes out of the law of employment discrimination. It arose out of gender discrimination cases, and refers to a work environment so permeated with catcalls, cheesecake posters, sexually charged horsing around, etc., as to completely alter the conditions of employment depending upon what gender you belong to.
Similarly, a racially "hostile work environment" refers to a racially charged atmosphere, where the terms and conditions of employment are different depending upon what race you belong to.
Garden-variety hostility in a work environment does not constitute a "hostile work environment" in a sense that gives rise to employment discrimination claims. The law does not entitle workers to a workplace that is free of hostility--that's the misconception that many people have. The law entitles workers to a workplace where they are not being discriminated against on the basis of sex, race, national origin, disability, in Vermont sexual orientation, age, or religion. What you describe is a coworker who your boss gives authority over you, a coworker that gives you a hard time and who has a drug problem, and a boss who has an alliance with your coworker. This doesn't give rise to an employment discrimination claim as the law understands it. Employers are not required to treat their workers fairly or wisely; they are free to treat them unfairly and unwisely, so long as they do not run afoul of the law by engaging in unlawful discrimination or other unlawful conduct.
You don't say much about your co-worker's drug use, and whether it involves illegal drugs or not. It is hard to tell you what to do. If you have knowledge of someone's illegal drug use, you may report that illegal conduct to law enforcement, which will independently decide whether to do nothing or do something. If employer retaliates by firing you for making such a report, it may give rise to a claim for wrongful discharge in violation of public policy. But that may be cold comfort during the long period you are out of work and during the miserable period during which you are suing the employer, with no assurance that a jury would find you were discharged for that reason, or mainly for that reason. So I cannot recommend either for or against such a report.
Sometimes the best remedy for a situation you can't bear at work is to pound the pavement and find a better job. I wish you well.See question
As I've been learning my job, I've made some mistakes, as most people do. On Friday, in a meeting, I was told I need to improve my job performance over then next 30 days. Apparently he's the only one that thinks I don't Know my job. I must learn m...
Generally speaking, persons who are terminated from employment for poor performance are not disqualified from receiving unemployment benefits provided other necessary conditions are met. Generally speaking, people who quit their jobs may be disqualified from receiving unemployment compensation. Generally speaking, a person who wants to be able to receive unemployment compensation should not quit his or her job, even if he or she thinks employer is going to terminate that employment at some unspecified future time.See question
My family lives in Guatemala. My daughter started attending a private boarding school in Vermont in 2014. Due to the fact that we live overseas, the school demanded that we purchase their international insurance. I am now finding that there is a c...
The way you have worded the question is too vague to permit meaningful response. Instead of posting the contractual language here, consult a lawyer privately. You may be able to find a US lawyer in Guatemala to review the facts in detail with you and advise you based on the specific facts at issue and the specific language of the contract. The US Embassy in Guatemala City may be able to suggest someone local.
Good luck.See question