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If the estate executor or administrator is ignoring your requests for accounting then generally your recourse is to file a motion with the court conducting the probate for an order to compel the executor to provide the accounting. You may want to seek the help of a probate attorney for that if...
There isn't any rule that says that the estate mailing address must be the same for all purposes. For the estate EIN you may use the P.O. Box as the mailing address but you must also provide the actual physical address, too. See the instructions for Form SS-4, which is the form used to apply for...
The federal National Labor Relations Act (NLRA) protects the right of employees to get together to improve wages and working conditions. Those discussions generally need to place off the clock; the employer has the right to expect that employees who are on the clock and getting paid are doing...
Against whom? As the plaintiff, you have to have evidence to prove your case. If you sue the dealer, you need evidence it rolled the odometer back or that it had knowledge of it. You may also have to prove the dealer misrepresented the mileage to you when it sold you the car (in other words, if...
One of the problems in litigating the divorce in NY is that while the NY courts may dissolve the marriage, they would not have personal jurisdiction over your spouse for any property division and support issues because your spouse does not live in NY and presumably has no property located there...
You don't need some similar case to show you insurance company to get paid. She destroyed your property. If that's covered by your insurance policy then the insurer is bound by the contract to pay as set out in that policy. The fact that the sergeant had not heard of that particular fact pattern...
It's not illegal to ask the question. However, it isn't a good idea for a business manager (or owner) to do. If the manager fires her or takes other adverse action against her, that kind of question can be used as a part of building a case against the employer that she was illegally...
That is not what I said. Go back and read it closely. The general rule is the person/entity who holds the asset when it is sold pays the tax on the capital gains, even if all the gain occurred while held by the previous owner. But with trusts and estates it gets a bit more complicated because...
I disagree. For the lender the ideal situation would be a mortgage lien coupled with a promissory note. The reason is that the promissory note is the contractual obligation to repay the loan, and the mortgage is what secures that loan. While a loan instrument other than a promissory note may be...
The answer to that starts with who held the asset at the time the gain is realized (e.g. sold, liquidated, cashed in, etc). If it was held by a decedent estate at the time the gain is realized, then the estate reports the sale on its return, but who actually pays the tax depends on whether the...
What kind of security does the friend want? If I was the friend, I'd at least want to hold a mortgage on the property and charge at least enough interest to meet what the IRS would impute as interest income on the loan along with a promissory note. Just getting a promissory note doesn't provide...
Simply being a draft dodger didn't make a person a convicted felon, though, so that would not have showed up on the information exchange with Canada. The dodger would have had to be convicted at trial or pled guilty to the crime for that occur. Only about 8,750 people met that fate, a very small...
Among other things, today the U.S. and Canada exchange information via the internet. That wasn't feasible in the 1960s and 1970s. The criminal records were paper files or isolated computer systems not shared instantaneously with with other U.S. agencies, let alone foreign governments. Canada...
Risky because it's pretty easy to miscount the day that it expires. I've seen pro se civil litigants who had good claims wait until the last minute make that mistake because they don't carefully read the rule explaining exactly how the days are counted for the civil SOL and end up filing their...
That seems odd to me. I can understand the actual smuggling itself being a big problem on the border (though I'd guess the border with Mexico sees far more drug smuggling). But I wouldn't think there are nearly as many people with drug smuggling convictions trying to enter Canada as there are...
The statute of limitations (SOL) is a defense the accused may raise to seek to have the charges dismissed. The SOL for most crimes starts running on the day the crime is committed and terminates a set period of time after that, e.g. five years for most non violent federal criminal offenses (with...
The U.S. can do the same thing, too, barring foriegn travelers convicted of crimes in their home country from entering the U.S. Of course, the U.S. has to know about the conviction first. For U.S. travelers going to Canada, the most common crime that gets them barred from entering Canada is...
It's quite legal. The U.S. and Canada have an extradition treaty that obligates each nation to extradite those wanted by the other for crimes that are similar in each country, which would include assault. About all you can do to help your friend is pay for a defense lawyer if Canada doesn't...
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