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I'm next of kin and signed cremation consent but was told moms boyfriend got ashes because he paid for cremation.
I agree with Ms. Hollis. Absent a document that your mother signed (while alive) giving her boyfriend the right to deal with her remains, he has no legal right to the ashes. You could involve an attorney in this to explain to the boyfriend that he misused the law. But this will cost you money. So it would be better to try to come to a practical informal agreement with the boyfriend if that is possible. At the end of the day, possessing the ashes won't bring your mother back and everyone is upset and grieving. Somethings things just need to calm down and people need a chance to deal with their grief before they will reflect and do the right thing.See question
I was divorced 20 years ago but kept my married name (so me and the kids would have same) Now their grown and I would like my maiden name back. I am a little confused on whether I can just file regular name change papers at the courthouse or if th...
You can file for a regular name change. This process works for any type of name change. I would make sure to included in both the Petition and the Judgment the history of your legal name changes, ie your name exactly as it appeared on your birth certificate, your name as it appeared on your marriage license, and your name as you want it to be after the change. (I am assuming that you only got married once and only changed your name once.) What is important is to have all the information as to your prior and current names listed exactly as the names appear in official records so that when you send a certified copy of the final name change document back to the office of vital statistics where your birth certificate is, the won't question whether you are the same person. As long as they are certain that you are the same person on the birth records they maintain, they will go ahead and amend or supplement your birth records to show your current court ordered name change. You might want to call the office that has your birth records BEFORE you initiate the name change process (even if it is in another State) and just verify what information you need to have in your final Judgment of Name Change in order for them to process the name change. (The allegations in the Petition and the Judgment need to match.) If you need help you can always ask an attorney to review your proposed Petition and Judgment forms that you have filled out before you start the process. That would be relatively inexpensive.See question
MY SISTER IS VIOLATING THE TERMS OF MY MOTHERS WILL. AND I NEED SERIOUS LEGAL ADVISE AND REPRESENTATION, WITH TAKING HER TO COURT, AND SUING HER!
The mere fact that there is a Will and it nominates you and your sister as coexisting Personal Representatives, does not necessarily mean that the key to dealing with your mother's property is through the Will. There may be property that the Will has no control over, such as real estate where the real estate passes to a survivor, or bank accounts that pass to another person named on the account. Retirement Benefits often go to the beneficiaries named on the account. These are examples of property transfers that are not subject to the terms of the Will. You need to consult with a Probate Attorney in your area and figure out whether or not your sister's actions are violating the law and what you can do about it.
Also, it sounds like the Will is not being formally probated. When a Will is admitted to Probate the court will require a strict accounting of the Assets and of any expenditure of Estate Funds. This will put a stop to any misuse of the funds but at the expense of paying attorney fees to the attorney hired to run the probate, so the Attorney Fees can be considerable especially if there are disputes between you and your sister. The Attorney Fees are paid out of the Estate Funds, leaving less for you and your sister, but it may be necessary if she is misusing estate funds.See question
The boyfriend passed away in October so the girlfriend said everything is locked up in probate, the bill was to both her and her boyfriend. It's now February and she now tell us we must wait untill she files his 2016 taxes. This is her bill as we...
All Oregon cases are now on an electronic system so any attorney you consult with can look up whether there is some type of probate proceeding filed. I suspect there isn't because part of a formal probate involves sending notices to all known creditors. The more likely scenario is that the term probate is being used loosely to signal that the girlfriend is trying to sort out the property and debt issues. A construction lien is probably not an option at this point but that is what should have been done upon completion of your work. Your best chance of getting paid is to get a judgment for what is owed to you and have the judgment create a lien against the house, assuming it is owned by the girlfriend, before the house is sold to someone else. You can sue both girlfriend and deceased boyfriend's estate in a single lawsuit, but a probate will need to be opened and a Personal Representative appointed to stand-in for the defendant that would have been the boyfriend. This will cost you some money but it may be worth it if there is equity in the house you remodeled and the house is still owned by the boyfriend/girlfriend. Often people will become much more cooperative about paying a debt when they start getting served legal papers if they have non-exempt property. If they are judgment proof, then there may be nothing to gain by bringing a suit.See question
My wife left our property in january 2016, after removing me with a fapa order. while she was gone moved over 80 miles, and i was trying to get order to return to the property, a burglary occured. she told my insurance agent she had all the i...
If the divorce isn't final yet you can bring up the money she took in the divorce and ask for the court to make an offsetting settlement award. The temporary restraining order in the divorce does not prohibit either spouse from using marital funds or selling property to pay for reasonable and necessary living expenses or attorney fees. So this may not be a clear violation of the restraining order. If the check was made out to both of you then the bank probably shouldn't have cashed it without both of your signatures but if she deposited it into a a joint account, then both of you had access to the money and I don't see a problem.See question
A person I new years ago died and left me a some of money and property. I did not know this up til a few weeks ago. So is that will still in effect or did the government take it because no one made claim to it. This happened in the state of illinois
This seems like an issue for an attorney in Illinois as there may be specific Illinois law that needs to be applied. Generally speaking a bequest doesn't disappear and you would still have the right to any property left to you. The problem often is that there was no property to be distributed after all the bills of the decedent were paid, so finding out that you were named in a bequest doesn't mean that there was property left to give you. You should probably investigate this a bit further and contact an attorney in Illinois if you find something worth pursuing.See question
Backed into someone at a gas station while waiting in line to get gas. About 7-10 feet apart. The other driver's car was stationary. After the hit went outside and asked if they were okay. The only response received was okay as they signaled their...
If I understand your post correctly you backed into somebody and cause damage to your own car. I don't understand why you would want to contact the lawyer? The person responsible sounds like it was you. Please post additional information if this is not correct.See question
I was stabbed 4 times by a drunk he was sentenced to 6 years with 2 year's mandatory he pays all my medical is all I was awarded my wife lost wages I now have to have a finger removed and I'm suffering from PTSD from this can I sue for Pain and su...
Yes you can still sue the defendant as long as it has not been more then 2 years since you were stabbed. The Statute of Limitations in Oregon is 2 years. Whether you will ever collect anything is another story. But I have seen judgments that I never thought would be collected get paid off, but it's rare. Contact and experienced personal injury attorney in your area and discuss the case. The criminal conviction will establish the liability portion of the claim, so that makes it a lot easier. If there are other facts involved that would bring in another party as also being responsible, you might find a deep pocket to help pay for your claim.See question
My SUV was hit a month ago from behind causing $5K in damages. It was fixed and has been returned to me, no injury involved. The insurance company will not pay anything further in terms of pain, suffering and inconvenience. I want compensation ...
You probably have a claim for diminished value for your SUV, ie the reduction in the value if you try to resell this. DV claims work best on newer cars, so if it is a really old car it may or may not be worth pursuing. DV is a type of property damage claim. Also included in property damage is a claim for loss of use, ie the time your car was not drive able, but this would be offset by having a rental car as the cost of the rental car is usually the amount I use to argue the value of loss of use. I would imagine you could use the cost of renting an SUV versus the cost of the rental car you ended up with and argue you are still owed the difference. Please understand that you can't get emotional damages in a case where you only have property damages, so you are not going to get pain and suffering. Also please understand that there is a duty to mitigate your damages as a general principle of law. So if you are saying that you couldn't get to work because you couldn't drive your 4 wheel drive SUV during the snow, the counter argument would be that you should have found a work around. There were cabs and uber drivers with chains that were helping people out and some people found rides to work with co-workers. The same goes for Christmas with your family, it was your responsibility to find another way to get there. Maybe you can prove that despite your best efforts to mitigate your damages you just couldn't do anything to counter the circumstances. Also there is a legal doctrine called "foreseeability". Your damages are limited to what is a reasonably forseeable consequence of the accident, so sometime you just can't get damages for things that the accident caused to happen in your life but which aren't the normal type of results in most accidents. There isn't a hard and fast rule for this, but rather it can be argued and determined on a case by case basis. Just know that this could be another obstacle to recovering the damages you seek. You should contact an attorney if you want help with this, but keep in mind that even if an attorney gets all your claimed damages you might have to pay the attorney by giving them a percentage of the recovery. There is a very effective demand that can be made using ORS 20.080, assuming that this is an Oregon case, and sometimes I see cases where the insurance company doesn't pay the fair amount of damages and down the road the attorney is entitled to bet both your damages and get their attorney fees paid. But that may be a bit of a battle. Contact and experienced PI attorney if you want to find out more about what can be done.See question
My son died in an accident. His will gives 100% of his estate to the child (his child) of a woman he was living with at the time the will was executed. The will does not name a second child, living at the time the will was executed, who he had wit...
Generally speaking, if he was paying child support to the other child, he would have been required to also have a life insurance policy in place for the other child to cover child support in the event of his death. So this may not be such an uneven distribution if the other child's mother is getting a life insurance settlement. Also both children will be entitled to social security until they are adults which will help substantially with raising them. My colleague is correct that the son that was left out of the will may be covered by the doctrine of pretermitted child, but that won't help if the will mentions that child and specifically doesn't leave that child anything.See question