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  1. Replies

    Termination of an Easement: Re: Right of Way

    I always hate to give bad news but at this point in time you would probably lose if you close the right of way and the other owner takes you to court. The easement has now been in use for a...
  2. Replies

    Heirs and Beneficiaries: Re: Minor Children and Inheritance

    This is commonly called a "child's trust". It can be set up with you as the trustee or a professional trust administrator as trustee or both. Often it is set up through the will as a testamentary...
  3. Trust Administration: Re: Remaindermen and Documents

    You are legally required to provide every beneficiary with a copy of the trust instrument if requested. Further, you should obtain a release from each beneficiary when you distribute their share to...
  4. Replies

    Trust Administration: Re: Executor of Family Trust

    The first step is to contact your Aunt and ask her to disclaim the appointments as executor of the will and trustee of the trust. That is the simplest solution. However, if she does not, you can...
  5. Custody and Visitation Issues: Re: Dad's Rights when the Mother Dies and Grandparents Claim Custody

    You are the parent and have the rights to have the child live with you. While they can take you to court, they are
    unlikely to win since you have remained a significant part of the child's life and...
  6. Divorce: Re: Can You Divorce a U.S. Spouse Without Being in the U.S.

    He cannot change your surname. You will need to be present to testify for that to happen. Here is the
    website with all of the information and forms.
  7. Speeding Tickets: Re: Speeding Ticket Through the Mail Based on Photographic Evidence

    The information that I have received from the town clerk is that if you pay the ticket it will not be reported to North Carolina. Whether that is true or not I have not been able to verify. South...
  8. Re: UIFSA and Child Support Jurisdiction After a Parent Moves

    As long as you remain in South Carolina any court actions to change child support will have to be in the South Carolina family court. In addition, child support in South Carolina stops at 18 and...
  9. Replies

    Drunk and Impaired Driving: Re: Out of State DUI in South Carolina

    The laws have recently changed so it depends on when she was stopped. Here is the link

    The best advice I can give her is to retain a...
  10. Replies

    Drug Possession: Re: Simple Possesion in South Carolina

    It is on the ticket you received.
  11. Replies

    Life Estates: Re: Life Estate vs. Remainderman's Interest

    Get the probate file from the court. You can order it for a small fee. There should have been a deed of distribution from the personal representative and this should be filed with the county.
  12. Re: Life Tenant and Remaindermen Want to Sell and Split Proceeds

    They can agree on how to split the proceeds. The court has no say. They will have to pay tax on the profit just like anyone else. An accountant can tell them the basis.
  13. Co-Ownership: Re: Rights of 50% 'Undivided' Ownership of a Duplex

    You need to take the original deed and your husband's probate file to an attorney and let him tell you what rights you have to the property. You can usually get a consultation for a reasonable...
  14. Re: My Dad Died and We Cant Find the Title to His Car What Can I Do

    The personal representative of his estate can apply for a new title at the DMV.
  15. Replies

    Re: Connecticut Right of Way

    Your attorney was correct. You can be sued over anything.
  16. Re: Ex-Husband Tricked Wife into Signing Off Warranty Deed but NOT in Front of a Nota

    You need to consult an attorney and let him look at what you signed. He can then advise you of your options.
  17. Replies

    Re: What Can I Do About My Case

    No. You don't have to pay for it sitting in the tow yard and you are eligible for reasonable rental car time although they will fight you over it. This assumes that you are right about it being...
  18. Replies

    Re: Do I Include Insurance Company As a Defendant

    No, you just sue the other party.
  19. Replies

    Life Estates: Re: Life Estate vs. Remainderman's Inerest

    If there is a deed making you the remaindermen, then she cannot sell the house. She can rent it or sell her life estate. Why don't you offer to buy her out?
  20. Replies

    Reckless Driving: Re: Recless Driving Charge in Texas

    My advice is to hire an attorney.
  21. Replies

    Life Estates: Re: Life Estate Reversal

    Real estate can only be transferred by deed. If you did not get it filed and your brother did, then you are out of luck. This is what you get for trying to do a legal document without an attorney....
  22. Careless Driving: Re: Cited for Careless Driving, But Did Nothing Wrong

    Sounds like a local city ordinance $100.00 no points ticket. She has the right to a jury trial and they may just decide to drop it.
  23. Criminal Records: Re: Can a Missed Court for Traffic Ticket Show on Background/Criminal Checks

    If they have reported it to NCIC it does.
  24. Replies

    Health Insurance: Re: Insurance Denied Medical Claim

    It depends on your policy. I have been successful in small claims but you have to follow the dispute procedure first. Sometimes the doctor will reduce when the insurance won't pay. Otherwise you are...
  25. Replies

    Co-Ownership: Re: Joint Tenants with Rights of Survivorship

    You could just kill them off. Kidding. The person that you want off will have to execute a deed to someone. The others involved do not have to sign anything.
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