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  1. 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.
  2. 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.
  3. Red Kayak

    Charity beneficiary of bank account

    That somebody is right. Even if. The wills can even say the same thing, just different names.
  4. 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...
  5. 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...
  6. 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?
  7. 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...
  8. Red Kayak

    New state

    Since there is a default judgement, how can we be sure there isn't already a court order?
  9. 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...
  10. 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.
  11. 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.
  12. Red Kayak

    Someone is harassing my friend on Facebook about a stolen dog.

    What she needs to do is to start documenting what's going on until she has enough to get a restraining order.
  13. Red Kayak

    Premarital Assets

    Where the marriage ceremony occurs isn't relevant. Where the marital home is established is relevant. State residency at the time a divorce is filed is relevant. Depending on your age, and whether you have children from a prior relationship, trusts can be useful. However, it is wiser to...
  14. Red Kayak

    Premarital Assets

    OP needs to reread the bold portion several times. What OP needs to understand is: 1) if they are still paying a mortgage, they don't own it free and clear, and 2) money earned during the marriage is marital.
  15. Red Kayak

    Is this lawyer misconduct?

    Hunh? You were going to leave your career after 1 date? How does getting ghosted after 1 date screw you over, career wise? Why can't you find work?
  16. Red Kayak

    How to protect my mother

    Then perhaps you need to move to SC yourself. There is a potentially valid reason that they wanted her to print and sign the same day: there might have been the date on the document. You could preemptively get a POA yourself. Of course, that doesn't prevent your stepsiblings from having...
  17. Red Kayak

    How to protect my mother

    How about you work TOGETHER, rather than assuming that your stepsiblings are scumbags? Would having a joint POA be something you'd consider? Finally... once a week?! You're only willing to commit to calling your mom once a week? Because you're married and busy with you teenage kids. Is your...
  18. Red Kayak

    Ordered to stay away

    I agree: it does not sound like there is a restraining order against you. However, you are also not the legal parent, and if the legal parents have made this agreement, then for the sake of smooth co-parenting your legal children with your ex, you shouldn't knowingly make trouble. Of course...
  19. Red Kayak

    Requirement For Customer ID

    While there is no law specifically requiring this, there is also no law saying that they are not allowed to require it. It is not unlawful for them to ask for this. It is not a form of discrimination. You have asked if it's required by law, because you don't wish to comply. What you have to...
  20. Red Kayak

    Harassment, Stalking, Misconduct Is a PPO possible?

    Math isn't your strong point. Or biology. 9 < 11. Please leave the chick alone.
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