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    Duties of the Executor language

    This is a good example of why people shouldn't rely on internet sites or computer programs that generate wills based on cookie cutter paragraphs. That paragraph is, IMO, poorly written. If you have to read it more than once to understand it the author should rewrite it to make it more clear...
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    Landlord charged me more than legal security deposit

    You may want to see a local landlord/tenant attorney about this. If you've not paid the deposit yet, you may be in a good position to offer the landlord only the two months rent and point out the state law that limits the amount of security deposits. If the landlord refuses to do that, you...
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    Revocable trust, property with lien

    That is, in part, because the TOD concept is pretty new to property law compared to trust law, which has been around for centuries. Trusts are still very popular because there are a lot of different things that may be done through a trust and a trust can hold any kind of property, not just real...
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    What would be the best way to deal with an attorney mishandling a case?

    Not many lawyers are going to be specialists in both worker's comp claims and attorney malpractice claims. You may be able to find a sizeable law in your area that has both a worker's comp lawyer and a legal malpractice lawyer. That's what I'd try to find first if I were in your mother's situation.
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    Revocable trust, property with lien

    It's the federal Garn-St Germain Depository Institutions Act of 1982. The part of the Act which prohibits mortgage lenders from from accelerating the loan (which means calling the full amount due immediately) in certain types of transfers is found in the US Code at 12 U.S. Code § 1701j–3...
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    Must a wife's maiden name be used on estate documents?

    How you identify the person depends on the particular document involved. Typically with a will, for example, the goal is sufficiently identify the person so that anyone who might have a claim to his/her estate can find the estate proceeding and put in their claim. In my state, it is common to...
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    S-Corp. VS LLC.

    Prior to January 1, 1997, the tax classification of a business for federal tax purposes was determined primarily by (1) how closely the business entity matched the powers, benefits, and limitations of corporations and (2) how many owners the business had. The S-corporation election was an...
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    Supreme Court Rules on Presidential l Immunity

    Even assuming that he was allowed to move he records to his home while president, he was not permitted to keep them after his term expired. He no longer had presidential duties and there did not need those records to carry out his duties as president. As a result, once Biden became president...
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    Supreme Court Rules on Presidential l Immunity

    A prime example is the case charging him with keeping federal records after he left office. Once he left office, keeping those records was of course not an act of carrying out his presidential duties. His presidential duties were by then over.
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    Supreme Court Rules on Presidential l Immunity

    I would modify that to say alleged criminal acts. Until a crime is proven in court or the defendant pleads guilty that allege act is just that, an allegation. As much as I dislike Trump, he's entitled to the same legal presumption of innocence as any other defendant. The key take away from the...
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    The Very Sad Ending to What Was Once Thought to be a Great Presidency.

    I agree. So far, despite the calls from Democrats, the President has shown no inclination to do that. There is no way Trump would do it unless something drastically changed for him that would make running, and winning, the job more of a burden to him than he'd consider worthwhile. That's why...
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    The Very Sad Ending to What Was Once Thought to be a Great Presidency.

    I don't think he was serious about me actually running for the office or that my chances would be very good if I did. Rather, I took it as a comment on the rather poor choice of candidates we do have. I think a lot of Americans would rather have some other truly viable options than the two we...
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    The Very Sad Ending to What Was Once Thought to be a Great Presidency.

    Not too late. But the rules of the parties would have to be followed in order to do it, and those rules would make it nearly impossible to substitute another candidate unless the current candidate either drops out of the race, dies, or becomes incompetent. Current party rules generally favor the...
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    The Very Sad Ending to What Was Once Thought to be a Great Presidency.

    I feel no such sadness because America is a democratic nation. There are two general types of democracy: direct democracy and a democratic republic. The latter is what the U.S. has. A direct democracy would be very difficult to implement in a large nation like the U.S. and the public is not...
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    Limits of Government authority and compensation for harm caused

    I'm not sure that "pushback to what Congress intended" is exactly what you wanted here. It could be taken several different ways. I assume that you mean agencies in making their regulations will have to ensure that the regulations they issue are within their authority to do, follow both the...
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    Limits of Government authority and compensation for harm caused

    All I'll say for now about today's decision is that, as I stated before, I had always thought Chevron was over broad and needed to be pared back. Today's decision takes away the Chevron standard, that part is all well and good. I'll need to take some time to read the decision carefully to decide...
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    EEOC case - Age discrimination plus, Administrative Judge over 240 days non-responsive after each party disputed summary judgement

    The EEOC outlines the process for federal employees to follow when they have a claim of illega discrimination against their employing agency: Overview of Federal Sector Complaint Process. If you don't follow that process carefully and do so timely you may find you lose just over procedural...
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    Parking discrimination at work

    The employer may fire an employee for any reason not prohibited by law, which includes parking in places that management doesn't want them to park. My guess is that the reason it's a problem for management is that street parking is at least somewhat limited and they want that street parking...
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    Parking discrimination at work

    So the problem they were written up for was for not following management's orders rather than just the parking issue itself? They were told what to do, so they knew what their management wanted. Not doing that is defying management, always a risky thing for employees to do. Managers typically...
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    Parking discrimination at work

    What contract book? In general, company employee handbooks are simply statements of company policies and do not make enforceable contracts. If they are simply statements of policy then management may choose to ignore them if they wish; no law requires they follow their own policy (though of...
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