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Recent content by ALawyer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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    pre-incorporation agreement

    While any competent adult can make almost any agreement (other than one for an illegal purpose) with any other competent adult or entity, with or without a lawyer, whether or not one should is a totally separate matter. A pre-incorporation agreement sounds as if it would be good to have, and...
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    Progressive Insurance 5000 per Accident liability claims

    I agree with Taxing Matters. While the driver getting out of his car and then back into it and hitting your car clearly sounds as if it's 2 separate accidents, if the driver's insurer continues to deny the claim when dealing with you, your recourse is to either sue the driver who hit you (and...
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    Administrator Intentionally Hid 4 Brokerage Accounts and Just Transferred them to Herself

    In order to transfer title to real estate held in the name of a decedent it is typically necessary to file for "ancillary probate" in each state in which the real estate is located. Although the facts set out are somewhat incomplete and unclear, I assume that the decedent lived in Utah and the...
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    Is this too similiar of a brand name

    I strongly doubt that there would be confusion -- especially if the products were in different lines of business. But file for your own trademark and get real protection.
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    Alimony and Buyout does this sound reasonable?

    I agree with Zigner, as the best deal is one 2 people agree on while avoiding litigation. What I might think is fair would differ from what someone else might think is fair. One thing -- it would be important to hire a lawyer to document the terms of the agreement, and file the essential court...
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    Beneficiary changed after death

    One more point -- the life insurance proceeds come in tax free (in about 99.99% of all circumstances) whereas funds from a non-Roth IRA, 401(k) or 403(b) contain "pre-tax" money and when the funds come out of the tax qualified account become taxable to the person receiving the funds. As to...
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    Stepmother Changed Joint Trust - Refuses to Disclose - Autistic Granddaughter will get nothing I fear

    The situation you describe is, unfortunately, not at all uncommon. A current spouse frequently wants more -- or all of it -- for him/herself or his/her children and works on the very dependent spouse to cut out or reduce the share that goes to his or her own children. The legal issue that you...
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    What to do when there is no will or executor

    If she had life insurance and named you as its beneficiary, you'd inherit those proceeds. As I gather she lacked a Will, her heirs at law (using her state of residence's laws of intestate succession) would inherit any personal property. Any real property would pass to her heirs at law under...
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    Beneficiary changed after death

    The life insurance company knows it is obligated to pay the face amount of the insurance plus possible interest from the date of death. It doesn't dispute that but certainly does not want to risk having to pay twice. Therefore, unless both potential beneficiaries agree on a mutually...
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    Insurance company said they take full liability

    Make sure that when you got the check you did not also sign a release giving up your rights before you sue the other driver.
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    New Homeowners wants Premium BEFORE Application

    It almost seems as if you are dealing with an insurance agent rather than an insurance company, and the agent or his/her agency is either somewhat unscrupulous or wants to make sure you have the money to pay for the insurance should it find a carrier willing to accept you. Also, as you...
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    Non-Disparagement Clause in Departure Agreement

    It sounds very much like the company is making the type of payoff that someone who shall not be named made to a certain porn star to keep her from telling about her "relations" with a certain then married candidate for public office. That said, firms that have smart counsel generally...
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    Insurance company trying to settle not sure what to ask for? Hurricane Micheal Damage

    There are several issues here. First, there is the issue of exactly how much damage was done from wind (flood damage is usually excluded from homeowners policy claims) and what it will cost to repair the damage, and possibly make "code upgrades" if required by your jurisdiction. Second there is...
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    Suing for defamation

    You're hurt, and I fully appreciate that. Yet as a lawyer I have to advise you lawsuits for defamation rarely go anywhere, and few if any competent lawyers would handle such cases -- particularly on a contingency basis. Based on the brief facts you set out, the person merely stated that your...
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    accident While backing up

    You were at least partially at fault for the accident, and the issue is whether the other driver was also at least partially at fault. As the person backing up, you would likely have had the last clear chance to avoid the accident, unless the other driver turned into the street illegally as you...

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