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David Garner’s Answers

730 total

  • My mother needs NY Medicaid . If she spends all her savings on a crypt and funeral, would this make her ineligible for medicaid.

    A crypt and Funeral could use up all her funds with nothing left for medicaid or a nursing facility to seize.

    David’s Answer

    Some important assets that aren't required to be counted as resources are a personal residence, a life insurance policy with less than $1,500 cash value, a prepaid funeral and burial plan and a car (if necessary for transportation and care).

    You did not offer a lot of facts, but this might qualify.

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  • My friend was arrested for criminal mischief and conspiracy for vandalizing mailboxes. what will he get for these charged in ct.

    they hit aprx. 9 mailboxes all together. there were three boys in teh car and they were using a baseball bat which teh police found.

    David’s Answer

    You did not say their ages, so I'm assuming that they are teens (minors). If not, its a little different.

    I've had a little experience with this kind of thing so let me spin it out this way. First of all, since it appears that they have got them dead to rights with this, and because it seems like a fairly small matter, I think that the risk of admissions would be slim. Accordingly, I would suggest that the kids all become choirboys and make full and complete retitution ahead of their court date.

    I would have the boys purchase from their own funds replacement mailboxes, personally install them and spruce up the area around them and then grovel like their lives depended on it to the homeowners. They might even suggest a course of action where they did recurring lawn maintenence of something for the owners.

    When court comes up, they can show admissions, remorse, restitution, continued reparations and will thus have demonstrated rehabilitation. This may go a long way with the judge and might even get a couple of victims on their side.

    This is a stupid thing to do and the authorities are right to throw the book at them. That said, if the boys can demonstrate true remorse and rehabilitation, perhaps the court will be swayed to handle this in a way that does not put a blot on the records of such young fools.

    Justice sometimes can be tempered with mercy.

    Don't do it again.

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  • My 17 year old daughter's boyfriend's mother will not leave her alone. Can i get a cease and desist order against her?

    She texts her, calls her, visits her at work... emails and instant messages her telling her to lie to us and decieve us. What can I do to end this destructive relationship??

    David’s Answer

    I would suggest that a good place to start is to end the relationship with the boyfriend. You did not offer a lot of facts, but that seems to be the nexus of the problem.

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  • If a 15 y/o beats up another juvenile for bullying his kid brother, is he (the 15 y/o) exempt from detention or being sued?

    the 13 y/o has a history of bullying younger children. he has been asked to stop by the 15 y/o. the 15y/o had to resort to pulling the bully off his kid brother. the 13 y/o took a swing at him. the 15 y/o then broke the jaw & blackend the eyes of ...

    David’s Answer

    Well, I think you have a pretty good self defense / defense of others claim here. It would be helpful to have more facts, but there is a timing issue to be aware of.

    If 15 comes upon 13 attacking brother, 15 may defend brother and himself if swung on. What he cannot do it save brother and then beat the crap out of 13 a few days later.

    As far a sbeing exempt from detention, that is an issue with the school. As far a being sued, its doubtful. As the apparent instigator of the fracas, 13's claim for damages would be laughable.

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  • What rights do I have as a renter if I just found out my house is in foreclosure.

    I talked to my landlord and she insisted that I lie and say the she too lives at me address, isn't that illegal? She admit to not paying her mortgage do I still have to pay her.

    David’s Answer

    Yes, you still have to pay. Your obligation to pay rent is independant of her obligation to pay her mortgage.

    Don't lie. It will make a bad situation worse for you.

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  • My mother passed away recently without a will. Who needs to repay her debt?

    Our house is under her name. There is a good $100k left to pay off + $200k used from the line of credit for her clothing business. I know that the house will go to my dad because he is the spouse and I would like to keep the house if possible. S...

    David’s Answer

    The good news: You and your family will not be liable to repay any debts she has. If the resources she left were insufficient to cover them then the creditors are out of luck.

    The bad news: Creditors can reach the house and any equity therein. In addition, since California is a community property state, creditors can reach any community property assets as well in seeking satisfaction of this debt.

    I would talk with a probate attorney immediately.

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  • I am a tourist from Asia.Last month I bought a lottery number worth 3 dollars of the mega milllion.

    I am a tourist here from Vietnam.Last month I bought a lottery number of the mega million in Pensylvannia.It is not the jockpot prize I won but I got the 5 numbers correct including the mega ball.My aunt who helped me come here doesn't know about ...

    David’s Answer

    A couple of issues here. First I find it difficult to believe that you travelled from Vietnam on a (presumably) B-2 tourist visa to "tour" America by working for no pay in your aunt's kitchen. Thats not much of a vacation and if you overstay, it could be evidence of an intent to enter the U.S. fraudulently and subject you to removal. Your aunt might also face probelms. The fact that you say you have to re-pay her "invitation letter" sounds more like some sort of sponsorship for immigration.

    That said, I know of no law that will prevent you from claiming your lottery winnings. You will not be deported for winning, but as soon as you claim the winnings you will suddenly become visible to authorities who may question your status.

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  • Writen Contract.

    I am thinking of starting a home business in Dog Grooming. I am just starting out and do not have the money for Libility Insurance. Can I write my own contract and have a wittness watch while the client signs their name? Will this protect me f...

    David’s Answer

    That will not protect you. The better approach is to incorporate appropriate language into the contract disclaiming any right of approval of the cut and waiving liability to negligence under an assumption of the risk theory.

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  • Can we fire a registered sex offender or is it discrimination?

    We just recently hired a new employee 2 weeks ago...just found out through a call from that state police that he is a registered sex offender. Can we fire him for not telling us? Would it be considered discrimination if we fire him after finding...

    David’s Answer

    Absnet a contract all employment is employment at will. A person can be terminated at any time and for any reason (excluding prohibited discrimination) or no reason. You may terminate this person for no reason. The ones you have sound like good ones. Registered sex offenders are not a protected class for purposes of discrimination.

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  • If I marry someone with a hugh tax debt will I be stuck paying for it once we marry?

    This individual has not worked for greater then 10 years prior to this he was self employed, but got way behind on his taxes and could not keep up with them. He thinks the last time the IRS contacted him he owed >$30,000. He has not heard from t...

    David’s Answer

    First off, is the really the type of situation you want to marry? How can a person not work for ten years? How does he live? Just food for thought.

    That said, the IRS can and will levy his assets. While it would be helpful to consult a tax attorney, my first recommendation is to not have any joint assets that you can't afford to lose. File separate tax returns and see the advice of an accountant or tax attorney to help protect you.

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