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I, a non-attorney, have a probate hearing within 8 days in support or against a family member who has petitioned for letters of administration. I was encouraged to submit an objection, but I can't find a form for objections anywhere on the probate...
Your chances as a pro se litigator are near zero if you plan to object so get a lawyer. If you lose you also have a high risk if being ordered to pay legal fees and costs to the estate so it is unwise to file anything without prior legal advice. Your paperwork may also prevent you from raising issues not properly addresses in pleadings. Your question regarding an entry if appearance also tells me that you haven't even looked at basics like the courts uniform rules. (You dont but be sure your pleadings have proper contact info.) Sit down with a lawyer to determine what you should and should not do.See question
The father wants for insurance he says. We were not married. He has made threats to take my child and leave going out of state. My concerns are: He could enroll in school etc He has financial issues and could use child's SSN for his purposes (f...
Unless he has legitimated the child in court and obtained custody or visitation, he has no right to even see the child, much less carry the child somewhere or enroll the child in school. Having said that, many insurance companies may want the SS number for insurance. Given his threats, although you could voluntarily allow him visitation, see a lawyer to determine if you would be smart to impose and document limits on contact since that is your call absent a court order. (If you don't have a court order for support and insurance now may be the time to seek that). If he ever files for legitimization/custody, you NEED a lawyer.See question
My husband had an affair and now has been gone left everything behind
First of all, you need a lawyer, as pro se cases often go awry. Second, odds are high you CAN locate him. While a judge will permit service by newspaper if he truly cannot be found, with today's internet (and old fashioned) tools, I find that in over 9 cases out of 10 when a client tells me that their spouse cannot be found, he is findable, often within days. You must use those steps, called a dilligent search, before a judge will consider publication. If you find him, and are lucky, he may sign, which will hold the costs way down, and if he won't you will have to serve him in a contested case by sheriff or process server.
An affair doesn't matter in most divorces. You can usually get a divorce on a no fault ground without proving an affair, and an affair doesn't always change the outcome anyway.
As for assets and debts,unless you mutually agree, a court will decide how to divide them. You may or may not get some or all of what he left behind. The court must also address other issues, like children.See question
If I file bankruptcy, Chapter 13 and the transmission/engine goes out in my vehicle, will I be able to amend the bankruptcy ? I wouldn't want to pay on a vehicle that is not functioning. Will the lien holder at that point take the vehicle back? If...
The short answer is that yes, if things change, you probably can dismiss (or possibly modify, depending on the math), your 13. But you need to see a lawyer. Pro se Chapter 13s have nearly a 100% failure rate (even with a lawyer, about half of 13s fail).
Student loans are usually paid as unsecured debt in a 13. In most cases, the balance survives the 13 and must be paid later.
I generally find Chapter 13 is a very bad idea if the main debt is a car. You are adding thousands of dollars in legal and trustee fees to the price of a depreciating asset to keep the asset. There may be better options than trying to use Chapter 13 to save a car. That's not always a true statement, but sit down with a lawyer and analyze the options, and look closely at what keeping the car will cost you.See question
Father passed away in May 2017 . I'm his adopted son from his stepdaughter and have POA and my fathers will is still being looked at . His nephew stole checks and has cashed one for 1800.00 . Filed charges on him with Chatham county. The nephew is...
I'm sorry for your loss. The POA is now irrelevant; it died when your father did. You do not have authority to pursue the stolen checks. The reason is that you have not opened a probate estate. If here is a will, whomever the executor is can open an estate (and needs a lawyer). That person will have authority to pursue civil, or criminal charges as to the checks, deal with eviction, etc. If you're not the executor and the executor is refusing to act, you may also want to see a lawyer. And if you are the executor, you need a lawyer to get sworn in and start, as until the will is probated, you have no power to act.
(You misposted this in part of AVVO that deals with divorce, support, custody, etc, and I have now moved it to probate, so probate lawyers will finally see it, which they likely didn't earlier).
Good luck.See question
Involved in a rear end collision, it was a minor fender bender to third party jeep(in front of my vehicle), filed a injury claim with my insurance but they rejected, received a letter from insurance company saying that they are suing me. Do i have...
Your insurer must defend you and if you lose pay the judgment. In some cases their refusal to pay could make them liable even above your policy limits, depending on facts I don't have. You have a duty to cooperate with the insurer and will likely have to attend a deposition at some point, and may eventually end up in a court hearing, although most cases settle.See question
I was in an accident. The other driver is trying to sue for 100k, but I'm only insured for 25k. The other driver agrees to settle for the 25k, but wants me to agree to a limited release of claims. From what I'm reading, it seems like that means th...
Likely yes. Under a Limited Release a person is releasing the option of taking the person's assets or income directly, is likely getting their full insurance policy limits and can still recover from Uninsured Motorist Coverage.
The Uninsured Motorist Insurance could then sue the defendant and go after assets or income.
There are many questions that can affect this - like naming a spouse in the release, or the presence of indemnity language, etc. Additionally, knowing the scope of damages affects the answer. Should you do this? Talk to your lawyer as more facts are needed and you can't afford to get it wrong.
BTW, going forward, get real insurance. $25K is woefully inadequate in 2017. 4 times that is arguably inadequate. It is a bad idea to be so underinsured.See question
My mother originally had a third party as her trustee and each of us three girls were beneficiaries to receive 1/3 Of her estate when she passes away. Before I got there my sister manipulated my mother into making her power of attorney she took ov...
Without locating her, there's no useful answer, so see a lawyer after you locate her with a private investigator. I'm perplexed why you didn't go to the police or get a lawyer earlier about the abuse. And note that she can exclude people from a will or trust, and you likely can't see those documents until she dies - whether you can challenge them depends on whether there was undue influence - as it is lawful to exclude family members. But your starting point is to find her and address the abuse with your lawyer,See question
Legitimation was denied and We were told that this can be appealed within 30 days . The findings of fact were not true stating father had abandoned right to make a connection with child, when he had supervised visitations that were through the cou...
Appeals generally require an error of law. Disagreeing on facts which is what you're doing is not usually winnable. To appeal you also need counsel; pro se appeals rarely succeed. Appellate counsel is expensive. You'll likely need a transcript so hopefully you requested a takedown at trial. The real lesson here is that a good lawyer at trial matters. Good luck and don't forget the 30 day deadline.See question