We were both living in Texas at the time. We were married for 23 years. I have moved to Pennsylvania, he remains in Texas. He has filed for bankruptcy, and has since remarried.
Here in Pennsylvania, spousal support is just for people who who are married. That's why it's called "spousal." After you're divorced, any support would be called alimony. You may want to talk to a Texas divorce lawyer to see if there's anything in your divorce decree, property settlement/divorce agreement if any, or in Texas law that would allow you alimony 2 years after your marriage was dissolved. Texas law may give you something. Short of allegations of fraud or duress in your settlement, or something in your agreement that allows you go go back into court for alimony, I can't think of anything in Pennsylvania law that would help you.See question
My spouse and I have lived separately for over 5 years and I hired a cracker jack box lawyer (all I could afford) to help me reopen my original divorce case. (I had filed solo to save money, but had no idea what I was doing and he isn't allowed to...
I second the recommendation -- ask your lawyer what's happening. Since you've been separated 5 years, and your husband signed for the complaint, there should be some paperwork generated by now. Occasionally, inactivity is a sign that your lawyer either isn't competent or isn't doing his job; but often there's a reasonable explanation.See question
Getting divorced, we have a plan and would just as soon leave the court out of it!
Of course you can work out your own plan. That's the best way to do it! Just make sure you get it down in writing. Best course is to have an attorney write it out for you so everything is covered.See question
My grandfather passed away a few weeks ago. My uncle is the beneficiary for a CD of my grandfather's. He is also believed to be the current executor of the Will. My uncles are fighting because the beneficiary/executor is saying he doesn't have to ...
Ms. Cohen is correct. I will just add that, in order to become sworn in as executor, your uncle would have had to have submitted the will to the Register of Wills in the county where your grandfather lived. So you can go there and look at a copy of it. Your uncle, the executor, would also have had to send estate notices to the other beneficiaries and certain close relatives, and most definitely to anyone who was named in the will. The notices would say that the will was available at the Register's office. Call the Register and see if the estate was filed. If you all sense that something illegal is going on, you can hire your own lawyer to look into it. Good luck and my condolences on your loss.See question
Recently left my employer, signed a non compete. One of my employees from the former company contacted me for a job with my new company. Can I help him get a job with my new company or will my old company try to take me to court?
Mr. Sweeney beat me to the answer. Often there is a provision in the non-compete saying that you can't bring employees of your old company into the new one. I second having an attorney review the agreement and discussing your options.See question
My son is currently in MEPS. He was injured during boot camp which caused damage to the third optical nerve in his brain stem. He just received word that he needs to go through another evaluation because they but down that he has a concussion. Thi...
I am so sorry to hear about your son's injury. Your question got categorized by the AVVO computer as a Family Law question, which it is not, and I don't know much about military law except regarding divorce. So I am changing the practice area to Military Law in hopes that someone who understands it can see this. I wish you and your son all the best, and I hope he's able to get the medical care that he needs. Clearly the brain and eyesight are nothing to mess around with.See question
My father lives in North Carolina and I live in Pennsylvania where they have inheritance taxes. If my father dies in North Carolina, will I have to pay inheritance tax on my inheritance from my father.
Mr. Lamonica gave you a good answer. I'd just add that you should be on the lookout for possible personal income tax liability depending on what type of assets there were. For example, that can crop up on certain retirement accounts and benefits.See question
My dad died and didn't have a Will. The Deed to his house is in his name. He has 3 children, 2 of which want to sell the house, and the 3rd wants nothing to do with the house. We're trying to put our names on the Deed but the 3rd child won't sign ...
Maybe he'll sign a Power of Attorney over to you that's limited to what you'll need to do. If not, you may have to file for a court order against him. I agree that you should work with an attorney to have the estate administered. Even if there wasn't a will, you still have to follow all of the rules and laws including filing deadlines, advertising the estate, preparing the inheritance tax return, and inventory, and it all has to be done on time or there are penalties. I'm very sorry for your loss.See question
My aunt passed away in 1986 and I had a notice mailed to me in 1988 (I was 5) that I am named in the will and my $1,113.16 would be held by my grandfather until I was 18. Well my grandfather died before I was 18 and I am now 34 and my dad just gav...
Have you tried contacting the attorney for your aunt's will? Maybe they set up a custodian or trust account for you with your grandfather as trustee. That's what should have been done, whether the estate did it or your grandfather did. Maybe the buck stops there, so to speak. The money shouldn't have been mixed in with your grandfather's funds.
Also look at your grandfather's will; there should be a clue as to who would have been responsible for becoming in charge of that account and holding the money for you. That person could be the executor, or it could be the administrator if there wasn't a will. But generally the personal representative of an estate is responsible for making sure everything gets where it's supposed to go.
I would hold that person responsible and contact him or her. It's possible that the executor or attorney for the estate had no idea that this money was being held for you if it wasn't in an account with your name on it as in trust for or as custodian for you. If you don't get an acceptable answer, you should be able to go into the court file for your grandfather's estate and see exactly what assets he had at the time of his death and in whose name they were. The estate's PA Inheritance Tax Return should set that forth clearly, and you may be able to find an accounting of the estate if they filed one.
Was there an "in trust for" or guardian account for you? If so, PNC would have taken over that account when they took over the old bank. They have attorneys that can be contacted. If you don't find out what you need to, contact an attorney who can look into this. Finally, Pennsylvania has an Attorney General's office that could be helpful.
Also, if you search the Pennsylvania Treasury's online database for unclaimed property, search it under you and your relatives' first names and last names because sometimes things get misfiled.
Good luck to you.See question
It's a same sex marriage to a foreigner. Me being the foreigner. There's no animosity, no fight over possessions, I'm just going back to my country and would like to settle the divorce so my spouse will be free of it. But i want to leave the count...
I think it would be possible. I would recommend that you at least stay around long enough to accept service of the complaint, and be available to sign anything necessary to the divorce including a separation agreement or property settlement agreement, and consents to the divorce, which would have to be signed after 90 days after you were served with the complaint. I would recommend talking to a local attorney who can represent your interests, and let him or her advise you about this.See question