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  1. W

    Having my life threatened by an employees armed boyfriend

    That is an assault and the police should have arrested him since they know who he is.
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    How to put a TOD asset into the estate

    You would be incorrect in your guess (if any). Maybe one or two that exceeded the annual limit. But to be fair, I don't do my own tax returns. I have used the same account for the last 27 years Since it was the cousin that requested the TOD designation, a disclaimer would be contrary to the...
  3. W

    How to put a TOD asset into the estate

    The only asset of the estate is the real property that will have to go through probate. The co-executor can pay the costs of probate and the debts of the estate and charge the estate. If she wants to distribute to the named heirs in the will, it would be a gift. It sounds like the assets have...
  4. W

    Pre-marital property

    You are making the assumption that the mortgage, taxes, expenses, and improvements have been paid for with joint or comingled assets. If that is not the case, she may have no marital interest. Any marital interest (if any) may or may not be significant depending on the facts which none of us...
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    Tree Down In Yard

    I don't disagree but it is not always true. I bought a new 1995 Chevy truck. Paid it off the loan in short order (ahead of time). I kept that truck in pristine condition. In 2010 there was a significant jump in my insurance rates. I called my agent and was advised to drop my collision and...
  6. W

    Tree Down In Yard

    The mascots and personalities are not there to inform you about the insurance. They are there to form an association between the company name and something the consumer can associate with the name however dumb that may be. They appeal to low gray matter individuals. Only pay for what you...
  7. W

    River Dave

    In NH the SOL to recover property is 20 years in adverse possession. This guy has been there 30 years. He needs a good property attorney to make his case.
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    Attorney Misconduct (Conflict of Interest)

    I disagree with this. The executor and the estate are not the same entity. The estate exists with or without the executor. Who would the attorney be advocating for? The executor or the estate where the heirs have a vested interest?
  9. W

    Attorney Misconduct (Conflict of Interest)

    I agree and have no argument about that. But what are the chances of that being the case? Is it possible that the attorney represents the brother in a divorce or a contract dispute or whatever sure.
  10. W

    Attorney Misconduct (Conflict of Interest)

    In my book it does. According to the Iowa RPC it does. And if you are referring to TC's posts, they are mostly hypothetical and don't take into account what the OP posted. Nor does he know the issues between the parties and the estate. Let's suppose that when the brother was the executor he...
  11. W

    Attorney Misconduct (Conflict of Interest)

    I agree with your analysis based on OP's post of the fact pattern. I too believe it is a clear case of conflict of interest based on the Iowa RPC and some Iowa case that I reviewed. In this situation the attorney is serving 3 masters, the estate, the executor, and the brother all with...
  12. W

    mechanic from hell

    Gone meaning not in possession of the shop that you entrusted to for the work. And by possession I mean it has been liquidated, sold, transfer of title, scrapped, not recoverable.
  13. W

    Other Criminal Charges & Offenses Can I legally be fired for a PENDING FELONY CHARGE?

    In all the cases that I have read, not once have I seen the term subcontractor to describe the driver. The driver is always described as an independent contractor.
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    Other Criminal Charges & Offenses Can I legally be fired for a PENDING FELONY CHARGE?

    I shouldn't have used the word employer. I should have said the person who hires (contracts with) the contractor. But that is a bit of semantics..
  15. W

    mechanic from hell

    I don't understand you response. You bring your vehicle to a mechanic and you don't get it back. And after three months of trying to find out where your vehicle is you think that your vehicle is not stolen? It's ok for the shop to dispose of it? Had you bothered to read the statute you would...
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    Other Criminal Charges & Offenses Can I legally be fired for a PENDING FELONY CHARGE?

    You are using the term subcontractor when they are treated as independent contractors. There is a difference. An independent contractor works for the employer. A subcontractor does not. They work for the independent contractor or another sub. And independent contractors are not afforded...
  17. W

    mechanic from hell

    Would you agree or disagree that if the bus is no longer in possession of the shop that it can be reported stolen?
  18. W

    Selling cars of deceased father

    Then why don't you call the DMV's in those states and ask what needs to done?
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