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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,307 total


  • Mother didn't have a Will, what are our next steps?

    My husband (resident of Oregon) is an only child. His mother passed away (resident of New York) and did not have a Will. She doesn't have much asset as far as we know. We know that she had a savings account and not much money in this account. He ...

    Robert’s Answer

    Sorry to hear of your family's loss.

    Depending on how much there is and how much debt his mother had, it might not be cost effective to recover these funds. You should probably re-ask this question as though you're in New York to get the advice of a New York probate attorney or contact a probate attorney where your mother-in-law lived directly.

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  • Can opposing counsel be sued?

    Can opposing counsel, the one that brought a petition before the court, be sued after the fact that a petition was brought to the court falsely? The opposing counsel seems to believe the petitioners' story without getting actual proof.

    Robert’s Answer

    You want to know if you can sue a lawyer because the case he brought doesn't prevail? In a very, very extreme case, there may be an ethical violation. But generally, no, you can't sue opposing counsel for bringing a losing case.

    If you're being sued, you should talk to your own attorney. No matter how sure you are that you're correct.

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  • Would this be considered retaliation in oregon?

    We received a termination notice one month after forcing our landlords to repair the well system. We went without any water for 3 days while they did little to nothing when finally insisted they bring out someone to do the repairs. About 2 weeks a...

    Robert’s Answer

    Fairly hard, but not impossible. The facts and the evidence in these types of cases are important.

    Ultimately, you won't be able to stay long term at a place where the landlord doesn't like you--even if you

    If you and your landlord can't work out a move out plan, you should talk with your own attorney about your defenses to eviction and the risks of challenging it.

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  • Lease threat

    It's not easy for me to ask due to mom being a drug addict. I was told when i was 18 years of age i signed a lease agreement that was 5 years ago. I was threatened by landlord with an eviction notice to my credit report if i didnt pay $1500.00 I...

    Robert’s Answer

    I agree with Mr. Abbott, but perhaps to simplify: if you haven't lived there for more than a year and this is a dispute about an overpayment for rent or the non-return of your security deposit, I'm sorry, but you're too late to bring a claim under the landlord-tenant act. While it's possible that you have another theory of recovery against your landlord, there's nothing to suggest that from what you've written here.

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  • What are the penalties (if any) for someone obtaining a Claim of Possessory Lien without any records, receipts, contracts, etc.

    I am taking a paint shop to small claims court because they will not refund me for a paint job they did not complete and I paid for in advance. They have placed a Claim of Possessory Lien on my vehicle for payment of work they did not complete.

    Robert’s Answer

    Probably damages in conversion (e.g. the value of the vehicle if not returned, or it's rental/loss of use value if it has been returned) plus return of any payment made for services not performed.

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  • My dad passed last month. He did have a wife. But he paid a house new cars. And everything he had before the marriage.

    He told me about bank accounts 401k p.o.d to his two kids. How do I find them?

    Robert’s Answer

    Sorry for your loss.

    As for the bank accounts & 401k, do you know where your dad banked? If not, can you get any of his records? Does his wife have them? If she won't share information with you about him or his accounts, you will need to talk with your own attorney.

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  • My husband has a rifle that was given to him by his grandfather when he was 18 does he have to give it to his siblings?

    My husband when he was 18 was given a 22 rifle, it is a collectible. He has 4 other brothers and sisters. They have been trying to get this rifle away from him since he recieved it. It is his inheritance. Twice he let his middle brother take it...

    Robert’s Answer

    Nothing in what you've written gives any indication that your husband's siblings have any say in what happens with the rifle or its proceeds. Of course, there may be more facts that you're not sharing here. This question has been tagged as about a "Power of Attorney" which isn't mentioned at all. If so, your husband should discuss with his own attorney before selling the gun.

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  • How do I remove an eviction notice from my record?

    A couple years ago I was served with an eviction notice. I went to the courthouse and met with my landlord's lawyer who gave me three options: (A) Pay off what I owe and stay in the apartment, (B) willingly move out, avoiding an eviction, or (C) b...

    Robert’s Answer

    It's unlikely the court can help you, it sounds like they did everything right. The problem likely lies in the company that is performing or reporting the background check. When you say it "still shows on my record" you should receive a copy of the record from the apartment complex that denied your application. You can then follow up with the apartment complex to explain the situation (and show the actual paperwork from the court) and the company that created the report to find out their dispute resolution process.

    Unfortunately, in my opinion, there's not nearly enough oversight for most of these background check companies and you might have to go through a bunch of hoops in several places to get this fixed. Or you can just be prepared to explain the situation in advance to every landlord for the next decade or so.

    Good luck,

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  • I was badly hurt in a fall at my brothers house. I need surgery on my shoulder. Is my brothers insurance liable?

    My brother after purchasing family home Moved all my stuff to attached storage shed. He built a shelf and piled d my stuff to the rear. While trying to get it shelf collapsed and I was badly hurt. I had no health insurance. My brother told me his ...

    Robert’s Answer

    Yes, his homeowners insurance may be responsible for coverage. Avvo has a "Find a Lawyer" tab that might be able to help you find an attorney who would take your case.

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  • Can my brother keep my personal property after entering my room by breaking a lock ?

    I moved in with my brother when he lost his job so he would not lose his home. After several incidents of theft. I went into his room and took a pistol he had kept after a third party left it in his bathroom. I returned it to it's owner. He told m...

    Robert’s Answer

    It sounds like you settled the case and that you received payment. I appreciate that you'd rather it came from your brother, but that sounds like an issue between him and your father. And it sounds like your dad would rather pay you some money than see you and your brother keep squabbling. That might not be "fair" but it might be something to consider. If you're looking for free help, Neighbor to Neighbor mediation provides free mediation services for some disputes in Linn county, which might be helpful to resolving you and your brother's legal disputes and family strife, if agreeable to both of you. http://n2nmediation.org/

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