Skip to main content
L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,275 total


  • Can I place a recording device in my husband's vehicle?

    My husband is having an affair and I want to place a recording device in his truck to find out when he is planning on meeting his mistress so I can have him served with divorce papers while they are together in case she doesn't know he has a wife....

    L. Maxwell’s Answer

    You ought to have a look at the Federal Wiretap Act. Here is a useful summary:

    http://communications-media.lawyers.com/privacy-law/wiretapping.html

    See question 
  • Can I avoid jail for a first time felony embezzlement?

    Embezzled about $85k and have paid back approximately $10k to date and continue to make monthly payments of $1k. After initially being fired, was asked to continue to help with the business until a replacement was found (about 4 months) and in wr...

    L. Maxwell’s Answer

    If ever there were a time to hire a lawyer, that time is now. The lawyer you hire will evaluate the circumstance and advise you based on his or her extensive evaluation of your particular circumstance. Do not post about your case online. Hire counsel immediately.

    See question 
  • Where can I find the NC statue stating that wills did not have to be notarized back in 1967?

    I have my mom's signed & dated long hand will written up by her attorney back in 1967. I have the posted envelope & receipt from the attorney. She passed in 2012, I'm the last survivor. The asset is her house & it's still in her name. I took her w...

    L. Maxwell’s Answer

    It is easier to find people than you might imagine. If the lawyer is still licensed to practice in North Carolina you can look him up here: http://www.ncbar.gov/for-the-public/finding-a-lawyer/member-directory/

    There are many sources of information to help you locate witnesses. Data aggregators such as Radaris and Seisint have enormous searchable databases which may be searched for a fee. Some lawyers have subscriptions to these databases and are accustomed to using them to locate witnesses. The problem of having to find witnesses to an old will is fairly common and surely those lawyers who practice in the probate courts of your state have encountered this difficulty and may be able to assist you.

    North Carolina General Statute 31-3.3. sets forth the requisites of a valid will. The text, which says nothing about notarization, is here:

    http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_31/GS_31-3.3.pdf

    Good luck.

    Not legal advice as I don't practice law in North Carolina or hold North Carolina licensure. It's just my two cents on your question in light of some general principles. Consult NC counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

    See question 
  • How do I protect myself from layoff as I approach retirement?

    I'm 18 months from turning 70. If I tell the company now that I plan to retire in 18 months, does this provide me any "protection" from layoff actions? Or should I wait until 12 or 6 months from retirement? We are going through some company red...

    L. Maxwell’s Answer

    Ultimately I am not sure any employee employed at will can protect him- or herself from layoff, because companies have the right and the power to lay people off. Companies cannot lay people off for discriminatory reasons; i.e., in your circumstance, because they are older workers and the company prefers to have a young workforce. At the same time, announcing an upcoming retirement does not automatically protect a worker from being laid off. Older workers enjoy no special protection from being laid off just because they are older, or because they are close to retiring. The reality is that employees who are not members of a union protected by a collective bargaining agreement with management generally have very few protections against nondiscriminatory discharge.

    If you do receive notice that you are being laid off, it would be wise to consult counsel. You may have rights under a variety of statutes including the federal Older Workers Benefit Protection Act and the federal WARN Act. State law may give you additional rights.

    Not legal advice as I don't practice law in California or hold California licensure. It's just my two cents on the facts you describe in light of some general principles of law. Consult California counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

    See question 
  • I am a 68 year old woman living on ss,have been separated from my husband for 14 months I am in a lot of debt.

    I can barely survive on my income. What can I do to get out of this mess?

    L. Maxwell’s Answer

    Schedule a consultation with a lawyer who represents debtors in bankruptcy proceedings, to help you evaluate whether bankruptcy would be right for you.

    See question 
  • Do separation papers NEED to be filed,with a court to be legal in VT?

    My wife printed some separation papers off the internet. She claims that they have notorized. In the state of VERMONT do those papers need to be filed with the court to be legal? My other question is..if those papers are not legal, can i use the...

    L. Maxwell’s Answer

    People can make agreements between themselves without involving courts. They do it all the time and those agreements are called contracts. Whether courts will enforce those agreements is an entirely different question. People ask if papers are "legal" all the time, but I have never been quite sure what they meant by "legal." If the question is, if one party breaches an agreement, will the court enforce the agreement against the breaching party?, the answer is, it depends. Probably there's no general answer.

    Attorney Wysolmerski steers you correctly when he tells you about legal separation, which is a process in which the rights and obligations of the parties are fixed by the court, and the property of the separated persons is also divided. Consult a Vermont matrimonial lawyer who can advise you about legal separation.

    Marital infidelity is not, in the usual circumstance, going to be admissible in a proceeding for divorce or legal separation.

    Not legal advice, just my two cents and some general principles. Consult Vermont licensed counsel confidentially for legal advice you can rely on.

    See question 
  • What are my responsibilities as a healthcare employee to report a HIPPA violation that has occurred with a surgeons office?

    I am an employee of a small outpatient surgical facility. A patient who came through for surgery is a friend of mine who is elderly. This patient was unhappy with her surgeon and decided to seek out a new surgeon for another future surgery. Whe...

    L. Maxwell’s Answer

    Here is the web page at the Department of Health and Human Services pertaining to HIPAA's Breach Notification Rule. I hope it will provide some guidance with respect to your obligations to report:

    http://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html

    See question 
  • What jurisdiction can family court judge charge you for criminal contempt instead of a civil contempt during a divorce hearing?

    Without giving you an opportunity to pea or defend the charge, just throw you literally in jail without due process.The Constitution grants court *two* different criminal jurisdictions -- one is a criminal jurisdiction under the Common Law, and th...

    L. Maxwell’s Answer

    Possibly the information at the link below may prove enlightening on the subject:

    http://www.divorcesource.com/research/edj/contempt/98dec133.shtml

    See question 
  • How do i get my canadian #ss, without having to go back to montreal canada Please

    I live in fl. I mis place my Canadian # ss...

    L. Maxwell’s Answer

    The following link may provide useful information:

    http://www.servicecanada.gc.ca/eng/sc/sin/index.shtml?utm_source=Vanity%20URL%20-%20DDN&utm_medium=Offline&utm_term=SIN%20Card%20Termination%20%28SCTOP%29%202013%2F2014&utm_content=Dec%202013%2C%20Eng&utm_campaign=SIN%20Card%20Termination%20%28SCTOP%29

    See question 
  • Will it cost me more to become executor than the check is worth

    Hello, My sister recently passed away. We have managed to get everything wrapped up with the exception of her last two paychecks. I was the beneficiary in her life insurance and I have split it between her three children. When I tried to cash her...

    L. Maxwell’s Answer

    I can't speak to Georgia law, but I can tell you that generally unclaimed monies end up sent to the department of state government that deals with unclaimed property. Then the heirs may claim it if they meet the requirements of that department. I'm not suggesting you do that; I'm saying, that may be one of the options available. I have seen such circumstances where checks show up after an estate closes; the bank account is closed, it's, say, a $30 check, and it's not worth reopening the estate or the estate's bank account to cash it. So it ends up at the state, where an heir can claim it.

    Not legal advice, just my two cents. I don't practice law in Georgia or hold Georgia licensure. Consult Georgia counsel to obtain legal advice. I practice in Vermont ONLY.

    See question