Civil Litigation Legal Questions

Your mom died first, so to the extent that she had separate property her will would control the disposition of that property.  To the extent that she owned property as a joint tenant with your dad (or anyone else for that matter) those assets would pass to the survivor regardless of any will.   Your dad’s property, including any property he inherited from your mom, would pass according to the laws of unrest act.  ... Read More

During the discovery process in civil litigation, each side has to provide all requested documents which are even arguably relevant to any issue involved in the lawsuit, unless that document is somehow privileged, for example an attorney-client communication.  When and iff this evidence is used at trial or in a motion, you can argue that it does not tell the true story for whatever reason, but you still have to produce it.  This would be provided for in the code of procedure for the court in which you are litigating, either the Montana code of civil procedure or hte federal code of civile procedure and numerous cases.  If you don't comply with your discovery oblgiations, you could be sanctioned by the court, including having judgment rendered against you.... Read More

You need a civil attorney.  Most attorneys cannot afford to work pro bono; they have a staff, office rent, etc. to pay.  I'm sorry but I don't know any pro bono attorney either.  I'm presuming that you checked with Public Counsel and other low-income services.  You might go to the court and request self-help--sometimes attorneys volunteer there.... Read More

I'm sorry but your fact pattern is hard to follow.  I'm assuming that you are the moving party?  The motions are NOT heard by the clerk but the motions must be FILED in the clerk's office.  After being filed in the Clerk's office, then the Clerk sends the motion to the Judge. I'm shocked at the sanction order for $2,205 -- for what?  Did opposing party file a declaration that attorney's fees were accrued because of the wrongfully-filed motion?   If court reporter showed up, then the court reporter probably reported the hearing.  I'm guessing but it seems that you didn't want to pay for the transcript?  You should check with the Court as to whether a minute order was filed in the case and go from there.  Of course, you always have a right to an appeal.... Read More

I don't think anyone can answwer your question without a lot more infomraiton.  What does that mean "my name is in it?"  Are you a trustee?  A primary beneficiary?  A secondary beneficiary?  What are the terms of the trust?  Is there any quesiton of your friend's competence at the time he created the trust?  Etc. ... Read More

Not sue what you are trying to accomplish. The remedy if the LL wont do repairs, per Fla. Stat. 83.56 is to terminate the tenancy and move. You say they have agreed to that. As to not paying rent, andy refusal to pay rent when due invites an eviction and can relieve the LL of the obligation to make repairs. ... Read More

That is always the risk you take. If there is some fraud involved, there might be remedy but you would have a huge amount of legal work needed to address that meaning you would have to have substantial injuries to justify the legal effort. Bear in mind you have to have permission from your UM carrier to settle the case, because THEY waive thier rights to collect from the at fault parties collectively if they say yes, so they have a vested interest in finding that coverage also. If you are trully worried about it, you can get your own or ask your lawyer to do an independent asset investigation, but understand if it turns up nothing, you simply end up paying more out of your settlement costs. ... Read More

  Ms. Glasgow, generally speaking, making statements about someone in the context of a custody proceeding are privileged and not defamatory.  Here's an article I found onlline whicy you might find useful.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

Ms. Rodriguez, defense counsel should not have been blocking your questions unless they were palpably improper or sought disclosure of privileged / confidential information.  Objetions to the form of a question are permissible.  That said, if you seek a further deposition of this witness you'll have to file a motion in Court compelling the defendant to appear for such.  You'll need to attach a copy of the deposition transcript so that the Court can determine whether defense counsel's interference was justified.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

First of all, did you give them the money, or loan it to them?  If you loaned it to them you can sue to recover it regardless of whether they lied.  If you gave it to them, why were you "under the impression?"  If they lied to you, you would have a fraud claim to recover the money.  If you just assumed without htem lying to you, you could have a problem.... Read More

It would depend if you lost any money.  In other words, what's the harm to you?  How have you been damaged other than your pride or hurt feelings?  Since it was for a fundraiser and not for commercial means, it appears that you did not lose any money or have a reason to sue her.  Lawsuits are to repay someone for money damages.  The courts do not award any money damages for hurt pride or feelings.... Read More

That is a strange telephone call.  However, process servers try many different tactics to find people to serve with legal documents.  First of all, you do not have to answer the door.  If it's someone you don't know, you could merely say that through the door.  No crime has been committed so no reason to call police.   The reason people knock is to ask permission:  "Can I come in or will you come to the door?"  You are not required by any law to answer the knock except law enforcement.  If you don't answer the door for law enforcement after they knock (depending on the circumstances), they are permitted to enter the house. ... Read More

Anyone can "demand" anything they want.  An unconditional gift is irrevocable (except in unusual circumstances not present here).  The problem is that, with title never having been transferred, your friend may have a tough time convincing the court that his brother gave him an unconditional gift if the brother claims something different.... Read More