General Practice Legal Questions

I know this may not be he answer  you're looking for, but if a sexual partner later claims that he/she did not consent to sex, either because he/sh was forced, or was incapable of consenting due to age, lack of mental capacity, intoxication, etc, don't you think that person will make the same claim about any document he/she signs purporting to give consent?  If the person is too yound or drunk to consent to sex, or if they are forced to have sex, signing a document while underage, drunk, or being forced to sign won't change anything.... Read More

An employer can require its employees to wear a uniform, although in California the employer is required to pay for it, which your employer has done.  If you can show that the disposable masks are unsafe, you may have a case, but I think it makes more sense to simply wear a cloth mask under the disposable one.  I've started wearing 2 masks as a matter of course these days.... Read More

Different jurisdictions may define the crime of blackmail slightly differently in their criminal statutes, but nowhere would it be considered blackmail for simply telling your story; blackmail would be if you threatened to go public unless the person you are blackmailing provides you with some benefit.  A prime example is the threat this person made against you to "go public" with explicit photos of you unless you stayed silent about the miscarriage.  This is blackmail, and it is unethical for an attorney to engage in it.... Read More

You would start a court proceeding to probate his will or, if there is no will, to administer his estate, and you would ask the Court to apppoint you as executor (if there is a will) or administrator (if not) of the estate.  Some of these terms may be different in California, but the basic idea is the same.  It is probably a good idea to contact a Califronia estates attorney to help you.... Read More

The person with whom you had the 'dating/living' relationship can obtain the TRO. This person can also bring harassment charges. These are difficult cases because they are 'fact sensitive'. You are in a difficult position. Your intentions are good. They could be used against you. You did warn the police. They are on notice. Additional notification could put you in 'harm's way'. Ed Dimon, Esq. 732-797-1600... Read More

If your boyfriend gave you everything before he died it belongs to you, assuming that he was of sound mind when he did so (considering his subsequent suicide, this is a real issue) and that you did not exercise undue influence or defraud him into the gift.  However, with no will attesting to your boyfriend's intent or anything else in writing, and (I'm assuming) no witnesses, a court may not believe you when you testify that he gave you all his possessions before he died, in which case the property would pass to his family.  The fact that you have the stuff in your possession may, depending on the circumstances, help to convince the court that you are telling the truth, but it may not be enough by itself to convince the court.... Read More

If he has the money to pay, of course you can get your money.  You would sue him for breach of contract.  If the contract provided for interest, you can get that as well from the date of the loan; if not, you can get interest at whatever the state statutory rate is from the date of default, i.e. March 31.  You're going to have to prove tha tyou loaned the money, however, which may be difficult without a writing.... Read More

Absolutely, but you have to do it right.  It's not just the words on the page, but also the procedure followed in executing thw will and having it attested to by witnesses.  There's no reason you can't do it yourself, but make sure you're familiar with the proper procedure and follow it.  Also, depending on how old the original will was, it is possible that relevant law may have changed, and you wouldn't want to just follow the same words blindly.... Read More

Although it does not appeear as if anyone would be harmed in this case, you cannot cash your wife's check, and you can get into big trouble if you are caught forging her name on it.  You will either have to get the check reissued in your name or start an adminitration proceeding in court to handle your wife's estate and get the court to order that you can cash the check, either personaly or as the administrator of her estate.... Read More

Did the divorce decree state that y our name is changed? If so, use the decree to change your name with all the government agencies (social security administration, DPS, etc.) If your divorce decree did not change your name, you may change your name by common law simply by using your maiden name on documents. However, you must change your name through a court. If you do not change your name through the courts, you will always have to put your legal name on your most formal documents or use a/k/a "married name" if you do sign your maiden name.... Read More

What do you mean by allowed?  Of course, lawyers have the same first amendment rights as anyone else to have tattoos without government interference, and of course a lawyer's private employer may forbid them, again like anyone else's private employer.  Given the prevalence of tattoos these days, I think it unlikely that anyone would care.... Read More