Archived
My ex-husband and I have a General Durable Power of Attorney (Hawai. Is it still valid? There was never a revocation declared.
Robert's answer
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Answered on April 08, 2014
There would be no reason why the POA would not be equally valid. Having said that, because of the separate living circumstances you should have an...
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Archived
If I have my original deed signed at closing why do I have a mortgage and I never applied for any type of loan.
Robert's answer
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Answered on April 08, 2014
There are too many unanswered questions to provide any answer. We do not know whether this was a purchase money mortgage or a refinance, or what...
Archived
An attorney filed a motion, failed to inform the court the issue had been resolved, and did not remove his motion from calendar.
Robert's answer
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Answered on April 08, 2014
All of that paperwork suggests that something was not as "moot" as the writer indicates, nor is there any indication of what the judge did at the...
Archived
Judge's order for leave to amend complaint
Robert's answer
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Answered on April 08, 2014
Unless the order is otherwise, the answer is "yes." Any new allegations must satisfy all the same requirements as an initial pleading to survive...
Archived
Aren't there any lawyers I can hire to handle processing that aren't just interested in cases that would only make it to court?
Robert's answer
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Answered on April 08, 2014
Contrary to some opinion, and speaking only for myself, most lawyers would prefer to settle rather than go to court. Lawyers also have families...
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Archived
Adding additional defendants' names to substitute Does and modifying complaint - is it worth it?
Robert's answer
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Answered on April 08, 2014
It is a good question that really cannot be answered without more facts, such as which entity actually signed the notes, and whether it is solvent....
Archived
Never served prior-do I need to show up to court if I received copy of summons addressed to plaintiff in civil collection case?
Robert's answer
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Answered on April 08, 2014
You do not say how you received the summons and complaint "addressed to plaintiff", but if it was by ordinary mail there is not proper "service"...
Archived
The plaintiff agreed to "stay" the litigation while we try to work out an agreement. How long can they delay the case this way?
Robert's answer
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Answered on April 07, 2014
It is all of that. If the parties agree to extend the time to do or not do some normal act ordinarily necessary to prosecute the action, the judge...
Archived
Can a person get a updated letter of testamiary after probate has closed in california ?
Robert's answer
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Answered on April 07, 2014
The basic answer is "no", and reopening a probate is going to be difficult if even possible at all. You would have to provide more specifics to...
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Archived
My sister and I are joint owners of a house in Nebraska. She is not doing well. Her son is a convicted felon and drug dealer.
Robert's answer
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Answered on April 07, 2014
There is a lot going on here, but the general rule is that co-owners have a fiduciary duty to each other, that each must contribute equally and/or...
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