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Tuesday, May 25, 2010

What to do?

My sister was living in the house that my grandmother willed to me. She moved out this past Sunday and today I had a family member go assess the damage because I live out of state. Here is what they found:
-Trash throughout the house
-My grandmother's things ransacked
-My grandmother's bedroom suite was missing
-Various items throught the house were missing
-The kitchen cabinet doors were taken of the hinges and throughout the house
-Dirty dishes were on the stove
Needless to say I am devistated. The only reason she was in the house was because she wouldn't move out until I evicted her. I can't believe my own sister would do this. I think she was jealous I got the house and did this in spite. She is only 19 years old.
Legally, as Executor of my grandmother's estate, what can I do?
Answers:
You have said two different things and I have two different answers:
1. If you are the executor of your grandmother's estate and the estate is still in probate or otherwise not settled, you have the legal, "fiduciary" obligation to protect the assets of the estate and to bring action to recover items that were stolen from the estate or or destroyed. This is because as executor it is not all about you, it is about the orderly distribution of your grandmother's assets to her heirs. You can decide that it is not in the best interests of the estate to chase your sister and get nothing, but you will need to account to the court for the missing items and damage and explain your decision.
2. If the estate has been fully settled and you are the legal owner of the house, you are no longer the executor. The case is closed. You can decide whether you want to sue your sister or not over the damage she caused. But as others have said--she's your sister and she's got nothing, so what's the point.
As for these other people attacking you, I don't get it. I have seen many cases like this over the years. Most often, the grandkid living in the house is there because they are drug addicts or some other nonsense and when the parents or grandparents die the bottom feeder takes full advantage of the situation. You should not feel guilty because you were left with the responsibility of cleaning up this mess.
Probably nothing, but have you ever heard of legal aid? Look it up in the phone book!!
Let it go... cut your losses. Not like a 19 yo has any $$$ to sue anyway.
You got the house what did she get? Thrown out in the street? Dirty dishes and trash, sounds like she was there with grandma...where were you?
You could sue her for the damages. Do you really want to do that though to your sister? These kinds of things tear families apart. You got the house. What did she get?
Well, when you were evicting her, she wasn't believing her own sister is doing it either!

What to do with roommate's abadoned property?

My roommate moved out over a week ago and still has a ton of stuff left in his closet and a shed filled with furniture and other misc stuff. He told us he would have all of his stuff out by the 15th. Today is the 13th and he still has all this stuff here. He wasn't on the lease but was approved by the landlord to be a tenant. We've called and emailed him and he's only shown up twice to get things, but he's only taken what he's needed. He still owes us a hundred dollars for utilities for the last month he lived there. He said he'd give us a check but when he came by yesterday to get some things he neglected to bring us the check. Based on his character I feel like he'll leave his stuff as long as possible esp. considering he's left a motorcyle at his prior residence for about 3 mos. What can I legally do? What is the statute of limitations in TX for abandoned property? How long does he have to come get his stuff? Should we get our landlord involved?
Answers:
Wait two more days, then send him a certified letter stating that as agreed, he had until August 15 to remove his property. Give him 3 more business days to remove it, then get rid of it.
Personally, I'd post a "free stuff" ad on Craigslist and let others come and haul it away. Or, you could always pay someone to remove it and then sue him in court to pay you back.
Because he still owes you $100, take a few items worth that (CD player, nice shirts, etc.) and tell him he only gets it back when he pays.
i'd send him a certified letter to his new address informing him that he has agreed to have it all out by the 15th and still owes for utilities.
by the end of the business day on the 15th, I'd begin selling the items to pay for the utility bill and then sell whatever else is necessary to cover the funds needed to throw out the rest.
I'm in california and don't know texas laws, but, hey, he moved, you have a date to be 'out' by which means you and all your posessions.
call the landlord and just ask them what they know about a situation like this. be clear with them that you don't want them involved, you're just asking for their knowledge.
there is probably a local county office that can help guide you also regarding 'tenant's rights'.
never get the landlord involved especially when he wasn't on the lease. Even though the landlord approved of it verbally, he can always go back on his word.
As for your roommate's stuff, sell it on ebay, take the money owed to you and give the rest to him.
Considering the level of interaction that you have with this person, I'm guessing that it's not so much a legal issue as an annoyance issue. Unless he has something really expensive in your house, I doubt that he'll sue you if you get rid of it.
I would write him an email or leave him a phone message (although email is better because then you'll have proof later) saying very clearly "If you do not remove your things by X date, we will sell it in order to get the money you owe us." He'll be warned and you'll be covered. Don't let him in to get his stuff unless he brings you the check.
You may have to go to small claims to get your money for utilities. Your or your landlord is allowed to charge storage for any items left behind. If he leaves his junk after the 13th, I would be tempted to make some midnight trips to the dumpster. He shows up a month or two from now for his belongings, I would charge for the storage. If you do anything with his belongings and tell him what you did, he could sue you for their loss or damage. See if it is legal for you to give him a fair amount of time for removal and then donate the junk to Goodwill. Speaking with an attorney would be your best option. It would mainly involve your landlord if the stuff is still there after you leave and would be your responsibility to be removed when you vacate your residence
You cannot rush into this or he will be able to sue you and win.
After the 15th, send him a certified letter to his last known address, giving him notice that any items left behind after 30 (more) days will be sold or otherwise disposed of. Send a copy of the same notice to him by email.
If you do not have a good address for him, put an ad in the local paper where you think he lives, describing the items to be sold or disposed of, the date you will dispose of them and a contact number for you.
When the day comes to dispose of it, take pictures of the property, especially items of value.
If you sell it, you cannot keep all of the money, but you can keep what he legitimately owed you for bills and the costs of selling the stuff (the ad, etc.).
He will probably sue you in small claims court. Be sure to keep records and copies of everything.
O.K. now an attorney's answer.
Yes, you have a valid verbal contract so you must wait until the 15th has past to act. Once that date has come and gone send him a CERTIFIED (RRR) letter of demand telling him he has 30 days to remove the property. If he does NOT do so, you will have no choice but to seek legal redress.
You DO NOT have the right to sell the property but you DO have a duty to protect it under the doctrine of ordinary care. That simply means in the condition it was when he left it. Therefore, you cannot take it and leave it on the porch or if it is locked, take the lock off.
If after the 30 days has expired, it is still there, you will be REQUIRED to file a petition for personal action to recover costs associated with the removal of the property and action to recover monies owed under a verbal contract.
Any other action without the court's sanction opens you up to legal ramifications.
If he's said he would have all his stuff out by the 15th, you should be able to toss whatever is left over on the 16th. If he still owes you money try small claims court, but I wouldn't hold my breath waiting for it.

What to do with my son's father?

My son and I moved away from Cali to CO legally (courts permission) in Oct. 2006. It wasn't until Feb 07 that his dad came out. He was only here for about 36 hours. I get child support from him but not all of it b/c the military can only garnish so much from his wages. His dad has not seen him since Feb and isn't planning on coming out anytime soon. He goes to see his other child about every 2-3 months though (only cause the mom puts out). Is this abandonment? What should I do? His dad is a horrible person (hence why we got a divorce and moved away). Is there a cheap way to get this fixed? I spent over 20,000 bucks on my divorce b/c he's such a dipshit...help!
Answers:
Well the only thing you can do is keep on accepting his money. And is he is such a dipshit then he really doesn't deserve to see his kid anyway. But if you really need advise on the matter then I suggest you contact his local JAG office and see what the regulations are governing the situation. Good luck.
Umm...I need a little more info. What exactly are you trying to accomplish?
Under the state of Claifornia where jurisdiction remains, this is NOT considered abandonment. Therefore, no, you have no case.

What to do when your lawyer avoids you and your calls?


Answers:
Inform your lawyer that not maintaining regular contact with a client is a violation of the ethical rules, and that continued avoidance leaves you no choice by to file a complaint.
However, also be aware that the legal process is often very slow, and that it may be weeks or months between events of significance -- so if you are demanding updates daily or even weekly, the lawyer may be too busy to keep saying "nothing has changed" every time someone calls.
So, it's a balance that is sometimes hard to see.
1. Make an appoiontment to discuss why this is happening
2. Fire them and get a new one
Contact him in writting. He will respond! Written words holds record and record holds up in court. He will respond!
Your not telling what your case is about. If your case is something the lawyer was retained for, you have the option of going to the state bar assn. and reporting him/her for unprofessional conduct. If the lawyer didn't take your case and you did not pay him/her a fee then you need to look for another attorney. Most attorneys won't take a case unless they are sure of winning it in court unless they are a defense lawyer. If they were assigned a case by the court they may work very little on it. That's just the way it is!
They paid by the hour, and most problems are emotional and not legal. It wouldn't do you any good once you've gotten started.
Give your attorney notice of his termination, and write a complaint to the Lawyers State Bar Association, they may sanction and fine your attorney for violating his professional obligations and ethical responsibility. More so if he fails to file any document timely, the Advocates may suspend, terminate or bar his license to practice law.GOOD LUCK
Some people confuse their lawyer with a therapist, particularly in matrimonial cases. It's an issue people should work out with their lawyer. Many lawyers are famous for not returning calls, but many clients think that a phone cord is an umbilical cord. It's not, unless that's the deal up front. Many lawyers charge by the minute for phone calls, and that's why.
Ignore the bill when you get it!
Make sure that he/she is ACTUALLY your lawyer. If you didn't sign any fee agreement, then they are not your attorney (unless appointed by the state).
Get a new attorney.

What to do when employer won't pay your vacation benifits at time of dismisssle?

In Ohio, when let go, aren;t we supposed to recieve all our vacation benefits?
Answers:
If you are/were fired from your position, they aren't required to pay your vacation balance. If you voluntarily dismissed yourself, and gave proper notice (usually two weeks), then they probably have a policy that states they'll pay you for any unused vacation.
call 1 800 fed info for help this is the fed info center
or go to www.dol.gov us dept of labor
just the ones you've earned
It also depends on why you were let go.

Saturday, October 31, 2009

What to do if someone is choking?

I watched an american program lately called 'what should you do?' and there was a scenario of someone choking and it advised that you should not slap them on the back as this can cause the item to become further lodged and that you should just do the (don't know how to spell it) hi-men ik remover straight away. This isin't how I was taught first aid, is this true?
Answers:
Encourage the casualty to cough to remove the object, if no success bend them over and give up to 5 sharp back slaps between the shoulder blades with the heel of your hand. If the casualty is still chocking give up to 5 abdominal thrusts from behind. Repeat the process until the object comes out, you get it out, or until professional help arrives.
Heimlich Maneuver for the WIN. =OOO
its always good to try the hymen remover.
my grandma must have taught you first aid. The slap to the back hasn't been used in years
panic
Call 991
The Heimlich maneuver is the prefered method of clearing an obstructed airway.
The new version of first aid calls for 5 blows to the back then the Heimlich This is a new change so everyone will tell you no don't do that because that's how it was taught for years
True.
They do use slapping on the back today, but you are suppose to bend the person choking over and then hit them. But most people use the Heimlich Maneuver.
First of all its called the heimlich manuver second of all slapping a person on the back will most likely make the object get even more stuck so dont do that.
So if you do come a across a person choking you should never do anything at first. If they can cough just tell them to keep coughing. the might get the object out by them self. if their not able to make and sounds at all. then you need to perform he heimlich manuver. if that doesnt work then youll have to cpr. hope this never happens but good luck any way!!
Depends on who it is...if it is a liberal.I laugh and tell them to ask their terrorist friends to help.

PS.you only slap them on the back if their airway is clogged...and only do the Heimlich maneuver if clogged as well.if they have air exchange you DO NOTHING but call for medical help...
Heimlich manoeuvre.
encourage the person to cough. this can remove the object in case of partial blockage.
if the person is incapable of coughing (full bockage), give abdominal thrusts until the object is removed (chest thrusts for obese person/ pregnant women).
for more info, check out:
http://www.emedicinehealth.com/choking/p...
It is called the Heimlich Maneuver. You don't do back blows for adults only children. If they are choking you would stand behind the conscious adult, wrapping your arms around his or her waist. With one hand, make a fist. Place the thumb side of the fist against the victim's abdomen just above the bellybutton and perform abdominal thrusts.
http://firstaid.webmd.com/choking_treatm...
give em the old Heimlich manoeuvre! it worked in Mrs Doubtfire! lol
first answer was right. i had to use it to save my child. there is two kinds. one for children a swift blow to the back but you hand the child sorta upside down,,,,, and the hands around the tummy routine. go learn more at www.medlineplus.gov knowing it save my daughters life as a baby she is now in her 20's//
Whoever taught you first aid, must not have recently been taught themselves how it is done.
It is possible that your teachers learned their trade 50-100 years ago, then never got updated to the latest medical solutions. If so, that is an extremely serious and dangerous problem with your educcational system.
Medical people are required to get themselves recertified on a regular basis, so they know about new treatments, new medicines, etc. For someone to be teaching first aid based on the know how of 50-75 years ago, that is serious negligence ... you need to report that to the medical authorities of your nation.
Here are some links to details about the Heimlich Maneuver
http://search.yahoo.com/search;_ylt=a0ge...
Surprising!
1- call 911 ; give quick details, leave phone on.
2- Heimlich maneuver .
3- CPR if needed.
No training ? pray.
[get red cross training .]
If they are small children you can pick them up by their ankles and hold them up side down can sometimes help as well.
When I received a CPR certification about 10 years ago, I was told that (assuming the choking victim is standing) you should first bend him over and THEN give a few slaps to the back. By having him in the bent-over position, you don't have to worry about the food becoming lodged further down the windpipe. Then you try the heimlich manuever if that doesn't work. Although once when I was a kid, a guy was choking in a restaurant and a friend of his saved him by simply punching him hard in the stomach and the piece of food flew right out his mouth and across the room. He then vomited afterwards so maybe that wasn't the best technique, but I'm sure he didn't complain.
the heimlich maneuver is the best way as it forces air out and (hopefully) expels the object, slap on the shoulder does not do this. My training was by first aid instructors in military

What to do if a stalker is powerful, has legal and possible political influence?

Is there an option for poor defenceless, helpless women if a stalker has powerful legal and possible political infuence ?
What can one do in such a situation? Going to the police does not work because there is no substantial hard evidence.
Answers:
Get some hard evidence.
Record phone calls - they can't be used as evidence against the stalker in court, but they most certainly can be used to convince the cops that there is truly an issue with stalking.
I would also contact the public defender's office. They are going to have connections to lawyers that will reduce their fees or do work pro bono, and they will be able to aid in some legal advice. If they can't direct you to a law firm, they will get you in touch with an agency in your area that can do something for you.
Move. Or marry someone more powerful.
The biggest problem is, as you say, hard evidence. Police are reluctant to press charges that cannot be proven. In a case where the "criminal" may have connections, they will be even more careful. Get witnesses, pictures and any other reliable material that law enforcement can use.
The solution is edgy, but it works if you know who the stalker is.
You stalk him back. You have someone you know return the favor. And if he's an attorney, you file a complaint with the State bar (not the county bar, where his influence will stop the investigation).
Or you buy a shotgun and keep it handy. That is a surefire way to end the stalking. Let him into the house and blow his *** to kingdom come.
one stalker in my life
changed and deleted all e mails and changed all phone numbers and it stopped
Doesn't the bible say eye for a tooth, arm for a finger? I don't know what circles you run in but I bet you have a friend with a bit of know-how. Not a killer, either! Pool your resources, dear. If the connections appear start throwing some XXXL panties in his car. His wife will get the point! There are a million things that you have at your disposal, use your brain!!
 
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