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  1. Red Kayak

    My aunt's will

    It's near impossible to get rid of NY residency, so maybe it's relevant.
  2. Red Kayak

    Property Invasion, Damages, Trespass Guests in marital home

    Sorry, you're stuck with your BIL for the moment. However, you haven't expanded on the problem if asked. If he's just annoying, then you make the best of it, and resolve the issue when you and your wife mediate over what to do about the marital home. If she stays in the marital home, it's...
  3. Red Kayak

    Property Invasion, Damages, Trespass Guests in marital home

    Ding, ding, DING! We have a prize winner: Alimony support calculation
  4. Red Kayak

    Man choked his GF to death, dies of heart attack after burying her body!!!

    I'm more of a mind of "evolution in action". The dude was doomed no matter what. Don't let people see you digging a grave.
  5. Red Kayak

    Shared Driveway

    Aren't you an assignee?
  6. Red Kayak

    Understand easement

    Please clarify. Have you been abiding this 30 minute limit?
  7. Red Kayak

    End of child support case questions

    Yes, you should wait until the end of the school year, especially if your child is actually still in school. If the person that you spoke to is correct, the situation should resolve itself at the end of the school year.
  8. Red Kayak

    Violation of terms of visitation

    If there has been a change of circumstances, then the order is out of date. How old is the order? Does the order predate the birth of the child? Why does the order even address the issue of other children being present - are there other half-siblings?
  9. Red Kayak

    My ex and I financed a car together.

    Then you should have addressed this long ago, while you were still together. It is a difficult lesson to learn, but as others have posted, no, you have no legal recourse. Pieces of paper may not seem important, but legally, sometimes they can protect you.
  10. Red Kayak

    Do I need a lawyer upon spouse's death?

    You own properties in 3 states. Each state has its own quirks, some more than others. There are circumstances where you might have to file probate in all 3 states. It is usually easier to find 3 lawyers, one for each state, than one who is a member of the bar in all 3.
  11. Red Kayak

    DPA for my husband and myself - need help figuring it out

    Well, because you're not likely to die at the same time, for starters. Add what AJ said. Your will can be a simple "pour over" will, just addressing whatever isn't part of the trust.
  12. Red Kayak

    Charity beneficiary of bank account

    That somebody is right. Even if. The wills can even say the same thing, just different names.
  13. Red Kayak

    New mental neighbor moved in

    I suspect that the unspoken legal question you have is, "Can I get these neighbors evicted?" Nothing you have described is a lease violation. Perhaps you would be happier in a gated community, with you the HOA president. However, fated has to date not granted you the assets to enable that...
  14. Red Kayak

    Over charged by Home Advisor

    Just pointing attention to this salient point: OP is in NY, but OP signed a contract whose terms are governed by CO law. The jurisdiction is CO, not NY. Not exactly what OP wants to hear, but important for OP and others signing similar contracts to consider. I'll reiterate that it is...
  15. Red Kayak

    Over charged by Home Advisor

    Please clarify: what have you done to dispute the charges? Hopefully you have kept a record of the steps that you have taken to contest the charges. Would it be correct to assume that this occurred some time ago? After all, things don't get sent immediately to collections. Months? Years?
  16. Red Kayak

    Bad search warrant

    "Probable cause" = walks like a duck, talks like a duck, you may posit that it's a duck and proceed accordingly. A bullet hole through a wall would indicate that a bullet went through the wall, and that a gun was fired in the neighborhood of the wall. I suspect that they have probable cause to...
  17. Red Kayak

    New state

    Since there is a default judgement, how can we be sure there isn't already a court order?
  18. Red Kayak

    Step survivors and not

    Maybe. Maybe not. If there is a will, that generally dictates inheritance. If there are assets to be inherited, the nature of the assets and the states involved can be a factor. For example, if your step-father owned real estate in NY, there can be all sorts of fun. (I specifically mention...
  19. Red Kayak

    Please help with Custody Question

    He initially said that his wife had left just over 5 months ago. Details matter, including the county. But we can both agree that his attorney should have better insight into how to navigate this situation than strangers on an internet forum.
  20. Red Kayak

    Please help with Custody Question

    Child has not lived in NC for 6 consecutive months. Perhaps Dad should file for divorce in NY before mom establishes residency elsewhere.
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