I am a widow but we were seperated , I found out that I am suppose to file probate on everything he had but I dont know what the time limit is on probate. His mother said I have no right to file but I am his widow so I was told I am the next of kin and I am the one who has to file it.
Answer:
Statutes of limitations and, in this case, limitations, if any, on the time in which one must make filings, vary by state. You should contact the probate court clerk in your county, or, better still, consult with a local attorney.
There are statutes of limitations on claims against estates of decedents but there is no real statute of limitations on opening an estate itself. An "estate" can be opened long after an individual's death -- usually this is done to clear title to property. So long as there is a legally recognized need to open an estate, a court will entertain it.
Tuesday, May 25, 2010
What is the statute of limitations for DUI in San Diego? How long before the City Attorney files charges?
Answer:
In CA, the DA has one year from the time you are arrested/cited to file a criminal complaint.
Lucky is correct, provided the DUI is a misdemeanor (and most are).
What is the statute of limitations for a felony in utah?
Answer:
Depends on the felony.
Why? What did you do?
Yeah.......Why? What are you planning to do?
http://www.justice.state.ut.us/...
This is a question that is best put before an attorney. I would suggest contacting a criminal attorney in your area and asking him/her. Sometimes they even work on Saturdays. If you call a prosecutor, they'll want to needle you down to the name of the party, etc., so I would call a defense attorney or there are websites like "ask an attorney", etc.
I would maybe find one of those sites so you can anonymously put in your information and the felony type you're referring to and ask your question.
Hope this helps.
You'll have to be more specific. It depends on the felony, and which class. For example, there is no statute of limitation for murder or voluntary manslaughter in any state. Check with your local library in the reference section.
What is the statute of limitations on possession of firearms in CA?
Answer:
The usual statute of limitations period for felonies in California is three years, and most firearms crimes are felonies. It is probable that this period applies to the offense you are concerned with, though there might be some firearms offense with a longer period that I am not considering.
This isn't the place for a question like this considering the "characters" that spend their days here.
My advice to you would be to call a defense attorney and, for a free over-the-phone consultation, get some idea of how the law applies in your situation.
Good luck!
What is the statue oflimation to collect for a medical bill that was to be paid by our lawyer in a settlement?
more detail is that our lawyer at the time ordered a machine for my sons wrist and we told the companywe did not want it and to come and get the machine they refused we tryed several times to contact tem and return it: it was never used they said no and we faxed serveral time to them now they are taking my son to small claims to collect the money.
Answer:
statutes of limitations vary considerably from jurisdiction to jurisdiction. you'd have to provide more information if you want an answer.
Well you don't really give enough information. Was it a written agreement, a judgment, or what?
If you son is under 18, then it seems to me that he cannot be liable for a debt based on a contract.
Answer:
statutes of limitations vary considerably from jurisdiction to jurisdiction. you'd have to provide more information if you want an answer.
Well you don't really give enough information. Was it a written agreement, a judgment, or what?
If you son is under 18, then it seems to me that he cannot be liable for a debt based on a contract.
What is the statue of limitations on filing a lawsuit from a car accident?
My father was involved in a car wreck almost a year ago and today was served papers. The police accident report faulted neither for the wreck and stated that neither party was hurt. The man involved never filed a claim with the insurance company for either the damage to his vehicle (which was just a minor scratch) or injuries sustained. Now he wants my dad to pay for damages, medical bills, lost wages, mental anguish, etc. He also wants a trial by jury for this. If anyone can give me some advice on this, I would greatly appreciate it and will supply additional information if needed. Thanks!
Answer:
Well, you have not given a location, so it's tough to answer in a vacuum. However, there is no state which has a statute of limitations of less than one year to file a lawsuit for anything, so the plaintiff is within the limitations period.
I don't like the plaintiff's chances, simply based on his failure to file with his insurance company. Tell your father to contact his own insurance company immediately (the one he was insured with at the time of the accident)! They are responsible for claims. If they refuse to defend him, then he can implead the insurance company into the case.
I'm not sure but I think if he didn't seek medical treatment within 6 months it's to late to claim for that. He will have to prove the mental anguish by having gone to a head doctor for a certain amount of time. I'd get a lawyer but I don't think the guy has a chance. What a jerk!
2 years or 3 years depending on the state.
i just googled this issue and here is what the article told me... I hope that it helps you.
But before you get bumbed out that this happend over a year ago---don't let that discourage you from pursuing this case... Lawyers will know more about t
he different injury laws and the statutes that apply to them. So read on and I hope that your father and you will find some solace in this answer.
Because the Statute of Limitations applies to personal injury cases, victims have a limited time frame in which to file their case. It is important that you consult an attorney if you believe you have a claim, so that you protect your right to file suit.
In Massachusetts, you must prove that you have been injured by another party鈥檚 careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of wrongful injury suits (torts) against defendants including:
*
Negligence 鈥?an individual鈥檚 act or failure to act has caused injury. While the act may be unintentional, the defendant is still liable for damages.
*
Strict liability - generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury.
*
Intentional misconduct 鈥?is the malicious or intentional infliction of harm that results in an injury or death. This type of claim is litigated under criminal law and punishment can include prison.
*
Comparative negligence 鈥?because the actions of the injured person may have contributed to their own harm, the negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
Each of these suits has different guidelines, restrictions and damage award guidelines. Only an experienced lawyer who knows Massachusetts鈥?intricate personal injury laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Kantrovitz and Associates' attorneys will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.
Physical personal injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Whether your injuries were caused by an accident, malicious intent, or a defect in a product鈥檚 design, production or labeling, you have the right to seek compensation for economic and non-economic damages.
Call Kantrovitz %26 Associates today to have your personal injury situation evaluated and to preserve your rights under the law. We can be reached at (800) 387-2860 or contact us via email at info@kantrovitzlaw.com.
Good Luck
Joanne W.
You have 2 years to file a lawsuit seeking damges. I just went through the same thing, a car accident....you have 2 years. I am 100% positive on that. Good Luck
Answer:
Well, you have not given a location, so it's tough to answer in a vacuum. However, there is no state which has a statute of limitations of less than one year to file a lawsuit for anything, so the plaintiff is within the limitations period.
I don't like the plaintiff's chances, simply based on his failure to file with his insurance company. Tell your father to contact his own insurance company immediately (the one he was insured with at the time of the accident)! They are responsible for claims. If they refuse to defend him, then he can implead the insurance company into the case.
I'm not sure but I think if he didn't seek medical treatment within 6 months it's to late to claim for that. He will have to prove the mental anguish by having gone to a head doctor for a certain amount of time. I'd get a lawyer but I don't think the guy has a chance. What a jerk!
2 years or 3 years depending on the state.
i just googled this issue and here is what the article told me... I hope that it helps you.
But before you get bumbed out that this happend over a year ago---don't let that discourage you from pursuing this case... Lawyers will know more about t
he different injury laws and the statutes that apply to them. So read on and I hope that your father and you will find some solace in this answer.
Because the Statute of Limitations applies to personal injury cases, victims have a limited time frame in which to file their case. It is important that you consult an attorney if you believe you have a claim, so that you protect your right to file suit.
In Massachusetts, you must prove that you have been injured by another party鈥檚 careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of wrongful injury suits (torts) against defendants including:
*
Negligence 鈥?an individual鈥檚 act or failure to act has caused injury. While the act may be unintentional, the defendant is still liable for damages.
*
Strict liability - generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury.
*
Intentional misconduct 鈥?is the malicious or intentional infliction of harm that results in an injury or death. This type of claim is litigated under criminal law and punishment can include prison.
*
Comparative negligence 鈥?because the actions of the injured person may have contributed to their own harm, the negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
Each of these suits has different guidelines, restrictions and damage award guidelines. Only an experienced lawyer who knows Massachusetts鈥?intricate personal injury laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Kantrovitz and Associates' attorneys will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.
Physical personal injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Whether your injuries were caused by an accident, malicious intent, or a defect in a product鈥檚 design, production or labeling, you have the right to seek compensation for economic and non-economic damages.
Call Kantrovitz %26 Associates today to have your personal injury situation evaluated and to preserve your rights under the law. We can be reached at (800) 387-2860 or contact us via email at info@kantrovitzlaw.com.
Good Luck
Joanne W.
You have 2 years to file a lawsuit seeking damges. I just went through the same thing, a car accident....you have 2 years. I am 100% positive on that. Good Luck
What is the statue of limitation on possesion of alchol as a minor?
I was charged back in 1999 in Ohio and don't really remember everything that happened in court. I recieved a letter in the mail from the local bmv 4/11/2007 about a block. I called and the courts stated i missed a court date in 2000 and have a warrent and need to come in. I never recieved anything in the mail on this until now and have lived at the same house for 27 years. What could happen? What should I do. I am scared and have a family now. I have never been in any trouble besides this.
Answer:
There is no statue of limitation on a bench warrant. You better take care of this issue because ignoring it won't make it go away. Get a lawyer.
Contact an attorney. It should have been dismissed when you turned 18, but maybe you put the wrong address down or mixed up the numbers of the address and the letter never got to you, or for that matter, the person who completes the letters put the wrong address on the envelope (although you'll probably never be able to prove that). Let the attorney clear up the matter. It may cost a couple of hundred to fix it with an attorney, but it is better than going to jail, don't you think?
If you missed a court date, your immediate response should be to contact the court to see what you need to do about the warrant that has been issued. If you missed a court date, you may have already been convicted. I understand that you are scared, but coming to a message board of mostly teenagers and other miscellaneous people is not the way to go. YOU NEED TO CALL THE COURT ON MONDAY--Pronto.
In any case, if you have already been indicted and charged, then the statute of limitation would not apply. If the case has not been prosecuted, you could move to dismiss on "speedy trial" grounds. In any case, call the court and see what is going on.
Do NOT go in...as soon as you show up they will call an officer to come in and arrest you. But, DO call an attorney. If you have an open warrant, then you are free game. As long as they can show proof that they mailed the notice to you, well...you are SOL. So, call the lawyer.
Answer:
There is no statue of limitation on a bench warrant. You better take care of this issue because ignoring it won't make it go away. Get a lawyer.
Contact an attorney. It should have been dismissed when you turned 18, but maybe you put the wrong address down or mixed up the numbers of the address and the letter never got to you, or for that matter, the person who completes the letters put the wrong address on the envelope (although you'll probably never be able to prove that). Let the attorney clear up the matter. It may cost a couple of hundred to fix it with an attorney, but it is better than going to jail, don't you think?
If you missed a court date, your immediate response should be to contact the court to see what you need to do about the warrant that has been issued. If you missed a court date, you may have already been convicted. I understand that you are scared, but coming to a message board of mostly teenagers and other miscellaneous people is not the way to go. YOU NEED TO CALL THE COURT ON MONDAY--Pronto.
In any case, if you have already been indicted and charged, then the statute of limitation would not apply. If the case has not been prosecuted, you could move to dismiss on "speedy trial" grounds. In any case, call the court and see what is going on.
Do NOT go in...as soon as you show up they will call an officer to come in and arrest you. But, DO call an attorney. If you have an open warrant, then you are free game. As long as they can show proof that they mailed the notice to you, well...you are SOL. So, call the lawyer.
Subscribe to:
Posts (Atom)