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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11713
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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For attorney Andrea: Most of the artists names you sent me,

Customer Question

For attorney Andrea:
Most of the artists names you sent me, are unfortunately unfamiliar to me. Some musicians don't listen to a great many current artists, other than whom they've studied hard, or they're immersed in a particular genre or two. Also, 'silence' can truly be golden to those whose minds are even composing in their sleep. Music is a blessing for me, and I do listen to Antonio Carlos Jobim and the arrangements of Claus Ogerman. I also learned a great deal from Henry Mancini. Organists like Jimmy Smith and Eddie Layton have also influenced me greatly. Might it be the 'logical' assumption that you've never heard of the names I've mentioned? I am familiar with the styles of music out there... My favorites are: JAZZ, CLASSICAL (BACH for Baroque and master of counterpoint), BOSSANOVA, AMBIENT (NEW), and one I've created... I call it 'SUPRENEUVE'.
Now, for the new question:
It was a good decision on my part to not allow any further communication between my sister and mother. As of my sister's last *unwelcomed (*by me, mother was confused and fearful) visit, I noticed severe 'aftermath' effects. That was almost 2 months ago. Now, my mother is doing 10 times better, even with the court case. I now know, that my sister IS poison to my mother (and poison to me too). My mother's lawyer, who doesn't seem to trust me (I'm sure due to my sister's writings on the petition) should request an order of protection against my sister. But, the Creedmoor lawyer may feel or be uncertain on whether I am unduly influencing my mother. I am not. You know it, I know it, my mother knows it, and like you said... she has every right to choose to take her son's advice. About 6 years ago, I encouraged my mother to give my sister $60,000 out of my sense of fairness and honesty, when my aunt died. There were suspicious circumstances surrounding her death as well as my father's death, when one looks and understands all the facts. But, at the time, I thought it best to remain quiet to keep the family peace, and I felt that what appeared to be the formation of possibly suspicious circumstances at that time, would best be left in a file (so to speak). But, with the passage of time, there was much discovery, although mostly circumstantial. Why would a grown man, ask his 6 year old to jump up and hug auntie around the neck, causing a fall, and subsequent death? Why would a daughter, standing in a dark stairwell, not warn her father to wait for the light to be turned on, allow her father to fall (assumption of accidental), break his neck, lying down in a pool of blood, & unconscious? Why did this daughter then take off with her entire family, as the son worked on reviving his father (took about 10 minutes)? Wouldn't the daughter want to stay and see if her father would survive, or did her hubby give her some 'better' advice like "we'd better get out o' here... the police will be asking questions". So, now you know a little bit more about this story... A story that was planned and thought out carefully, about 20 years ago, by a very smart sociopath whose name does not appear on one document. Yes, his evil wife is also a sociopath. The master puppeteer and his hypnotized puppet. A perfect marriage.

Without my own lawyer, I suppose the judge can still order me to the stand. If I am asked about finances, would talk about my aunt tempting my brother in law to marry my sister and have children, by giving them a large bounty of cash, (in addition to idle talk about giving them a house or 2 (my house included in the beyond legal offer) and talk about that my sister extracted approximately between $600,000 and $1,000,000 from my family... would these facts help or hurt me?

If the court has no jurisdiction over me, how can I be ordered to the stand? Do I not have the right to remain seated, stating I'd rather not talk without representation? Or, does the judge have the right to have me questioned by my sister's lawyer? I'm very confused as to the court's power over me Thursday. You say I am on the sideline. Then, how would I end up in the hot seat unless I want to? When I studied music, there were much harder concepts for me to figure out. Please be patient with me... It may be necessary to spoonfeed me about what can and cannot occur on Thursday, what I have the right to or not to do. That's my biggest question, Andrea... because it will help me decide if I need an attorney or not, this Thursday. Alright, the main question is simple... Do I have to answer questions on Thursday? What powers, if any, does the court hold over me Thursday? Thank you, XXXXX XXXXX once I understand the concept, or shall I say the conflict (I am on the sidelines...yet I could be asked to testify... there's the rub me lass), I'll move forward from that point. Thank you, XXXXX XXXXX apologize for not yet grasping this concept. Stay well... live long... and Prosper, my friend.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.
Hi, Eddie, No apologies are necessary, nor do I require any,

1. The only person who cannot be forced to testify is the Defendant in a criminal prosecution

2. In cvil matters, anyone can be made to testify. If the individual is not in Court, he can be served with a Subpoena which is just like a Court Order and if not observed and the individual does ot come to Court, he can be held in Contempt of Court; if the individual is in Court, takes the stand and then refuses to answer questions, the Judge will hold him in Contempt of Court

I still do ot know why the Evaluator is not called first, after all, this is a Guardianship Petition and once they prove your mother has legal capacity, the Petition should be dismissed.

You should write an opera. see my last response in your other question:

http://www.justanswer.com/expert/qa.aspx?T=13057616

____________________________________________________________________


Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Live Long and Prosper, my friend,

 

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11713
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
For Attorney Andrea...(written in 1st person)

The case has been dismissed. I'd like to give the lawyers the credit, but I will give you credit for the knowledge you've imparted to me. For that... a big thank you.
A settlement was presented, but my mother wanted no part of that. And so my mother, was quite animated, with no fear, and proved what she's made of. I am a very, very proud son!

Thanks Andrea...LIVE LONG and PROSPER!
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Eddie, I am absolutely thrilled to hear that and you are very, very welcome,

 

I know that your mother must be very, very proud of you; I mean that in the most sincere way because in today's world, children do not appreciate their parents, couldn't care less about their well-being or happiness and would never go to the lengths that you did to protect their mother.

 

You left out the second best part of your news -

How did this come about ?

On what grounds was it dismissed ?

What did the Judge Say ?

What influenced the Judge the most in arriving at his decision ?

What was your sister's reaction ?

What did she say ?

What did she do ?

Were any attorney's fees granted ?

 

ANDREA

 

 

Customer: replied 1 year ago.
For Attorney Andrea:

QUE PASA? I SENT A HUGE PARAGRAPH WITH MY ANSWERS TO YOU I JOKINGLY CALLED 'REVERSA QUESTIONEERA', BUT I DIDN'T BACK IT UP... DID IT GET LOST OR IS NO ONE HOME? IT'S BEEN ABOUT 2 DAYS NOW.
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Eddie,

 

I have no idea what happened. I was not online today, but I have been looking for your reply. The last reply I received from you was 5/31/2013, 6:16 PM wherein you said the case was dismissed, after which I posed "20 questions". But did not receive a reply. Would it be too much to ask if you would type it again ? I'm anxious to know what happened and the answers to my questions,

 

ANDREA

Customer: replied 1 year ago.
FOR ATTORNEY ANDREA:

Computers...?!X!?... (I am writing in first person format... if you are sick and tired of hearing me say that... maybe I mean you are ACES/ NUMERO UNO / NUMBER 1 in my book!) OK... It's not their (computers') fault. You know... garbage in... garbage out. It's always the programmers. My new policy... write it as e-mail... then copy/paste. Andrea, your words have empowered me, and thereby my mother, through transference of positive thinking. As I believe you already know, an offer to settle (have a guardian oversee our finances and deal with all bills and payments) was made by my sister, while I was getting the original POA and health proxy in 100 degree weather (had to be the original for this !?X!X) requested by my sister's attorney. After my new attorney suggested I accept the offer, I said it's fine with me, provided my mother fully understands both sides of the settlement concept, and wants it that way. She adamantly refused over and over again. She would not have her rights compromised one bit. And so... it was off to war we go. The dismissal was based on the POA papers and I'm sure the Judge appreciated my mother's tenacity and... well please read this little tribute I wrote:
======================================
Please let me offer my congratulations to all of us (very much including you Andrea) for our efforts, resulting in a most successful outcome not only for my mother, but also to pay homage to the principles that this country stands for: Life, liberty, and the pursuit of happiness. In this case, justice has prevailed. We all know who the real heroine is. It is indeed my mother. She made me a very, very proud son. Having overcome and evaded Adolf Hitler, there was no way she was about to give in to her daughter. She was not about to give up anything. And, the result is, she retains all of her human rights, the status quo, the liberty and freedom, she has for so many years enjoyed and relished in the United States of America. I, for one, will of course continue to stand when the National Anthem is played, the difference being that when I stand, I will have a first hand understanding of the determination, fearlessness, willingness to fight, courage, and bravery that is apparently necessary to both achieve and maintain these priceless principles of the RED, WHITE, and BLUE.

This is the greatest lesson, a mother can impart to her son.

Thanks Mom!

Thank you all, and have a great weekend!
=====================================
My sister was crying, mother and daughter hugged briefly, and mother went on her way, not giving her daughter another thought. Sister made some kind of unintelligible loud remark in my direction, which caught the attention of some in the courtroom. Perhaps it was simply an attempt to fire a flare of disbelief, intended to result in an instant guilty verdict, for something like siblingato rivalato, perhaps considered a serious offense within the boundaries of the dimension she may reside in.
I was advised, in a friendly way, by the court evaluator and my mother's lawyer, who did an outstanding job, to allow free access between my mother and her daughter. I asked my mother... she wants no further contact with her daughter. I think that is another good call by my mother. Her doctor also wants it that way, but the evaluator says I should get a younger doctor for my mother. This doctor has done wonders for my mother, and everything the doctor predicted... happened. Why is the evaluator playing doctor, and offering me this advice? I have yet to deal with all of these questions, but I think I know the answers.

So, once again... May the force continue to be with us, and of course, Live Long and Prosper.
Expert:  Andrea, Esq. replied 1 year ago.

Good Evening, Eddie,

 

Your statement to the Court was very moving and it brought tears to my eyes because I, too, am an immigrant and I, too, will stand when the national anthem is sung. I was born in Cyprus, but immigrated to the US with my mother when I was 3 years old. Thank you for your compliments and your praise, but I think it is undeserved; I don't feel I have done anything. You and your mother should be praised for standing your ground and refusing to be intimidated.

 

You had mentioned that there was a settlement offer on the table, but never elaborated on it, so I was not aware that it was that extensive. Had I known, I would have vehemently suggested against it. Having a guardian oversee all finances and deal with all bills and payments would have tied your hands and divested your mother of all her freedom and is exactly what your sister was looking for. Even if she had not been initially named as guardian, I have no doubt that given a little time, she would have found something on which to base another lawsuit and sought guardianship for herself. So, you can understand where I'm coming from when I say that I don't particularly care for the new lawyer who represented you if he recommended accepting the "settlement".

 

I am totally in agreement with you on computers. I admit my computer illiteracy, but that only confirms my view that a computer will only do what it is programmed to do. If someone holds themselves out to be a "computer or technology specialist", they have the obligation to live up to their representation of themselves. The site has had some serious tech problems for over two weeks. I have been coming to JA online for four years and never had a problem receiving the JA email notifications that a customer has replied, or a customer has requested me, or any other notifications for that matter. I have not changed anything and I receive emails from everywhere else and everyone else at the same email address, but since the tech problems of over two weeks ago, I have not received any email notifications from JA. We are not supposed to communicate with customers except on their question page, but I do not know the reason. That is why they x-out any personal information the computer picks up like dashes in phone numbers and the "at" symbol in email addresses. So if you were to write an email address, it would have to be like xyz at yahoo dotcom . You would think that with all of the technological knowledge that computer engineers have today, this problem would have been solved in a matter of hours, or in a day, at the most, but it hasn't, and so I am still waiting for the repairs to be done. Who knows ? I hope they don't read through this and think I am maligning them in any way, but you never know that, either.

 

I don't know if your sister's lawyer had an ulterior motive in asking you to produce the original POA, but in the rules of evidence there is something called the Best Evidence Rule which states that where a party seeks to admit into evidence a document for the truth of its contents, the original must be produced, or its absence satisfactorily proven to the Court. I suppose, he could have stipulated as to the accuracy of the copy of the POA, but I gave up a long time ago trying to figure out what someone's motives are.

 

How did the dismissal come about ? Did your mother's lawyer move for dismissal ? Or, did the Court do it "sua sponte" "No, it's not Vulcan; it's a legal term meaning, "on its own" and is used when the Court initiates an action without a request from either party. I hope that somehow your sister changes her attitude because I am sure that your mother is heartbroken not being able to have a normal "mother-daughter" relationship. What was her lawyer's reaction to the dismissal ? Were any attorneys' fees awarded ? You left out some very important details,

 

Live Long and Prosper, my friend,

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11713
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 10 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

ps Having lived in New York all my life, or most of it, I know what "Que Pasa" means, but I don't know what " 'REVERSA QUESTIONEERA'," means

Customer: replied 1 year ago.
It's my sense of humor... a play on the 'latin' terms (I think, like Res Judicata...) Because our roles were reversed for a brief moment... I'm answering your questions... and so 'REVERSA QUESTIONEERA'. I'm just having fun... I like creating, coining, composing, and writing... maybe too much. I also find the legal jargon kind of interesting, but rest assured, I'm sticking to music.
Expert:  Andrea, Esq. replied 1 year ago.

Good morning, Eddie,

 

I was glad to hear from you and noticed a significant upbeat tone in your message. I'm sure you feel like a weight was lifted from your shoulders. You were carrying a very heavy burden for a long time. You have a good sense of humor; I thought that's what you might have meant by 'Reversa Questioneera', but I never like to assume anything. Why stick to only one thing ? I think that you should put your creative imagination to work and write a novel, then compose a song, using all the Latin legal jargon you learned. Give the phrases your own meaning; the only people who will know that a sentence might not make sense is a bunch of lawyers and who cares what they think, anyway ? :) Cooltitle="Cool"/>

 

I'm still waiting for the details of the dismissal and some very simple answers to my very simple questions (See above, if you've forgotten them)

 

Now I know that you will Live Long and Prosper, my friend,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11713
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
For Andrea:
(In first person format... and you are #1)
No Andrea, I have not forgotten. Do I want to forget? You know it. But, you deserve to know, and I'm sure I'll need more knowledge from the wizardess, you. I believe the case was dismissed because the Judge probably saw that the only evidence against my mother, was the irrelevant and contrived verbiage against me, from my sister. I'm sure he got the sibling rivalry picture. Most importantly, the POA was in order, and that document is indisputable, as you pointed out. Also, mom's determination and tenacity was very moving. If I'm not addressing all the issues, I apologize, because I'm may be a bit overloaded with so much negative (sister implanted) data, that my mind is just now dumping much of it, and it is at this very moment feeding seagulls at the Staten Island landfills (which, by the way, is where it belongs).
Please do ask me more, but try one question at a time, or read the book I may write, at your suggestion. I always enjoy chatting with you, and I certainly always come out with an enhanced intellect, after asking you a question. Andrea, you are not only a great Attorney, but you are also a great and highly motivating Teacher!
Customer: replied 1 year ago.
For Attorney Andrea: Hello my friend. I really was only given a few days off. My sister is pushing for visitation and calling rights to her mother. .. A reasonable request right? Wrong! Firstly, how can a daughter take her mother to court, with the ultimate objective of taking basic human rights away from her, just because she isn't a 'preferred sibling', something that is earned through sincerity in my feelings and actions I take for them. Secondly, (speaking in first person format), I must deal with 3 issues. They are:
My mother and I were called by Florida Police, about 6 months ago.. They actually wanted us to describe our features as if we were wanted. To avoid being uncooperative, we answered their questions. My mother was accused, by my sister, of abusing the 911 system on 2 occasions, making numerous calls to my sister's answering machine, and I was accused (by my sister) of instigating the whole thing. Now, I believe my sister is a sociopathic liar and always tries to entrap her mother. Here was my defense/response to the Florida Police (2 reasons given):
There were no emergencies that I know of in the household of my sister, and I am, and I always was, fully aware of the fact that the 911 # XXXXX only be used in a responsible and potentially life saving manner. Those that know me, would never even comprehend a misuse on my part, of the EMS system. My sister, obviously has some issues to deal with.I know my mother. She would not intentionally harass her daughter. Therefore, whatever she stated to her daughter, may have been a result of: a) frustration, due to my sister's habit of hanging up on my mother, and then blocking her calls, causing my mother to keep calling until unblocked. This occurred on many of the calls initiated by my sister, so my mother is not the 'calling villain' here. In effect, my mother fell into a trap, whereby she presumed her daughter's phone would eventually be unblocked again (an MO of my sister). I was asked by my mother to try my phone on 1 or 2 occasions only, in the event a successful connection could have been made that way (if the call had gone through, I would've immediately given the phone to my mother). I believe my sister preys on my mother's emotional attachment to her. So, who's harassing who? b) fear, due to a possible distrust of her daughter's lifestyle. Her daughter was observed excessively drinking alcohol upon her visits to NY. In addition, her daughter was sick, whereby my mother had to call Dr. ------------- (forensic psychiatrist and MD) to treat my sister for Marijuana toxicity. My sister has recently reported to NYC Adult Protective Services, that Dr. ------------- is incompetent. My sister has also reported 2 additional complaints to NYC APS (3 now, and all closed). All of the above APS cases have been closed and found to be unwarranted. I warned my sister that filing such cases without a premise and/or for her own self interest, is a felony. It was exactly 1 or 2 weeks after that warning, that my sister filed the most recent complaint against my mother and I, with Florida Police. There is no way my mother's motivation was intended to harass. I would always advise my mother to be careful not to make any statements that could be used against her, and I never 'controlled' her thinking and/or statements, other than to advise her to be extremely cautious and not to let her emotions take over. She is a mother of 87 years, and she does not suffer from dementia according to Dr. ------------- (her regular physician) and Dr. ------------- (her psychiatrist and alternate physician).

(I am reiterating the 1st issue... all of the above, perhaps because it is the most important issue of the 3 ... 2 follow this, because I made a verbal promise to an Officer ------------- at the Florida precinct, that no more calls would be made to my sister's location, and I asked for the same from my sister, to cease calling here, which of course you know, she has violated that numerous times, and in many ways. I on the other hand, intend to keep my word unless I have something in writing from the Florida precinct. If I allow communications and visitations, as recommended by the court evaluator and my mother's Creedmoor lawyer, who both witnessed the brilliant acting of a very shocked and disappointed daughter (tears, hugging, and crying out "MOM") that *someone finally said "NO" to my sister, who's used to getting her way all the time, (the wise and honorable, in every sense of the word, *Judge). Even my new lawyer witnessed this oscar winning performance by my sister, and suggested open communications and visitations).
The second issue is that there were 2 independent doctor reactions, for which I have signed documentation, attesting to my mother's vastly improved state of mind and overall health in the last 3 months, exactly the amount of time my mother has had no communications or visitations from my sister. This factor is actually more important than the first issue, but if I were to be separated from my mother, the end result would be devastating. So, am I supposed to disregard her doctors?
I don't trust my sister. She records, entraps, tries to have her own mother arrested, fabricates incredible and horrible things... how can I ever trust her.
Yet, I feel one day, fingers will be pointing at me... a sociopath knows how to throw blame around... she can get the sympathy she desires, and let's not forget her invisible husband... he must totally disagree with her... nah... or perhaps he's neutral... nah... or maybe he writes her material... whoever's writing her script probably encourages her to 'never give up!'... with the theory that eventually 'something may give way'... similar tactics of the most sinister people on this planet.

My question, dear XXXXX, is how do I stop a train that seems to gain momentum when it should've gotten derailed? Or, perhaps I'm worrying too much."This case is dismissed". I must remember those words and believe that to be the case... But, I know my sister won't stop. How can all these lawyers have no cure for this kind of cancer? C'mon Andrea... be the heroine here! I have faith in you. Think... take the time out for thought.

I also wish you guidance from divine providence. I know you are special. You have the answer within you.

Sincerely, XXXXX XXXXX trekking friend... Eddie.
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Eddie,

 

I am very glad to hear from you, but certainly not pleased with the road your sister is taking once again. You have a very difficult road yourself, acutally you are walking a tightrope because on the one hand, you must protect your mother from your sister's subversive attempts to gain entry into your mother's life, for her self-serving motives, while on the other hand, you cannot appear to be preventing any "reconciliation" between your sister a nd your mother. Both you and I know that reconciliation is the last thing on your sister's mind, but since her Oscar-winning performances seem to convince everyone (at least temporarily) that she is being sincere, you must watch every step you take and every word you speak.

 

I would not like to involve your mother after all that she has been through, but she will have to get involved to a limited degree. If she does not feel up to a visit from your sister, you cannot be the one to tell your sister that she is not welcome. First, because it will look like you are preventing your sister from seeing your mother; and, second, it could precipitate another lawsuit by your sister. I have no idea on what grounds, but if her lawyer is "fee oriented", he will think of something on which to base another lawsuit, and I know you do not want your mother to be subjected to this all over again. Maybe, if your mother writes a relatively innocuous note to your sister, something like,


"Dear _________

 

Over the years, you have hurt me a great deal with your baseless accusations (calling 911 needlessly, making serious accusations against your brother, knowing full well that they were totally unfounded, trying your best to have me declared incompetent several times in Florida and New York with yet more unfounded allegations against me and your brother, etc. I need not go through everything; you know what you have done to me and how sad it has made me because all of these false allegations have originated with you, my own daughter.

 

Maybe, with time, I might be able to put all these lawsuits you have brought against me behind me, but for now, I cannot sit down with you while you are in this litigious frame of mind. I fear that you may twist anything I say and use it against me in bringing yet another lawsuit, trying once again to declare me incompetent. I cannot allow you to do this to me ever again. your brother has othing to do with my decision. I am my own person and I do not allow anyone to influence any decisions I make.

 

I will let you know if and when I can (have a relationship with you - or words to that effect).

 

 

Your mother or you should speak to the Creedmore lawyer, telling her how she feels, and asking him to write the letter conveying her wishes to your sister. That probably would be best. Your sister must be given to understand that neither your mother, nor you will take anythinglying down and she will not be permitted to get away with anything any more and everyone will be watching her every move waiting for just one misstep on her part. I know that your mother has had enough of lawsuits and the Courts, but you might consider bringing a lawsuit against her, at least for your attorney's fees because she knew that there was no basis for her lawsuit and her lawyer should have advised her to drop the suit once he had the opportunity to speak to and observe your mother. He is not a doctor, but it does not take a doctor to see that your mother is very, very far from incompetent and that the allegations he made in his Petition had no merit. A lawyer has a duty to the Court to refuse to pursue spurious claims on behalf of a client. If he fails to refuse, then he is aiding and abetting the abuse and misuse of the Court's time and the judicial system and our Disciplinary Rules not only prohibit this type of conduct, but also provide sanctions against the attorney who takes part in it. Attorneys like him are the equivalent of "ambulance chasers" who give all personal injury lawyers a bad name. Somebody should clue this lawyer in so that he, too, realizes that his every step is being observed A lawsuit against both your sister and her lawyer should be considered. Actually, it should have been made part of your mother's case and I said so in one of my previous Answers to you when I suggested that your mother's lawyer somehow have the Judge consider your sister's Petition arbitrary and vexatious and an abuse of process. What do you think ?

 

 

Live Long and Prosper, my friend,

 

 

ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11713
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
For Attorney Andrea: (In first person format) Andrea, not only do I agree with what you have said, but I have acted on it before even reading it... and that makes me feel I've acted properly. Last night I had my mother and sister talking peacefully on the phone. I could tell, by listening from close by, that my sister was trying to see how much 'edge' she could get out of the deal, because I heard my mother protecting me by saying things like, "your brother can be there", or "we can all eat together". I called, among others, the court evaluator (who was ecstatic to hear that news... about opening communication and visitation) and I feel that this is the perfect time to show my good faith. My sister will now truly have to demonstrate that she will cease and desist trying to tell us how to run our finances, if she wants to respect the Judge's dismissal of her petition against her mother. I don't expect any apologies or explanations about the gross lies my sister wrote about me. As I said, I want to show my good faith, and that I truly want my mother to be as happy a mother she can be, especially with the Judge upholding all of her rights. If, however, there is any decline in the quality of my mother's life which may be directly or indirectly connected to my sister's behavior, I will let the courts know, and if necessary, take legal action. One question... shouldn't an appeal of the decision, be not permitted by me as part of this deal? Shouldn't court appointed legal fees be paid by the loser... and shouldn't the total legal cost be paid or considered for compensation in some manner or form, to the winner and interested parties, such as myself?
Expert:  Andrea, Esq. replied 1 year ago.

Hello, Eddie, my friend,

 

Thank you once again for accepting my Answer, the compliments and the bonus; as usual, you are very kind and very generous, but I feel the compliments are undeserved. I am glad that your sister spoke to your mother (even if it was for the wrong reason on your sister's part).

 

In Answer to your questions,

 

" One question... shouldn't an appeal of the decision, be not permitted by me as part of this deal? Shouldn't court appointed legal fees be paid by the loser... and shouldn't the total legal cost be paid or considered for compensation in some manner or form, to the winner and interested parties, such as myself?"

 

1. An individual's right to appeal cannot be cut off by anyone by any agreement or otherwise. It is limited in that an aggrieved party has 30 days to appeal and if he or she does not appeal within that time frame, it is gone;

 

2. With respect to legal fees and Court costs, If I am not mistaken, I had suggested on another question page that the Creedmore lawyer tell the Judge to call your sister's Petition "arbitrary, vexatious, and brought for the sole purpose to harass" you and your mother and also stated that you should tell the Creedmore lawyer to ask the Judge for Attorneys' fees; and, I believe that it was in the context of asking why your mother should have to pay for a lawyer who was not of her choosing, but one that was appointed by the Court. I cannot see any reason why a "Motion for Attorneys' Fees and Court costs" should not be permitted by the winning party. You should either make an appointment to speak with the Creedmore Lawyer, or call and ask him to file such a Motion. I do not think you would be able to get your Attorney's fees, however, because it goes back to the issue of your not being a party to the action. I understand how you feel and I would feel the same way, indignant and insulted after all the acts your sister accused you of in her Petition, but the botXXXXX XXXXXne is that, even though she made so many unfounded accusations in her Petition, you were not named as a party in the action and, as such, you cannot file any Motions for anything. I wish I could tell you otherwise, my friend, but above all, I have an ethical obligation to give you only correct Answers. It would be "illogical" for me to do otherwise.

 

Something you should seriously consider, now that everything is behind you, is to look back at all that has happened and call on your creative side and write a book. You can dedicate it to your mother and the importance of staying true to one's convictions. Your sister could not sue you for libel for anything you wrote in your book because, "Truth is an absolute defense",

 

Live Long and Prosper, my Friend,

 

ANDREA

 

 

 

Andrea, Esq., Attorney
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Customer: replied 1 year ago.
For attorney Andrea:

(Written in first person format) Your answers are always empowering and I believe my written testimony in court has been enhanced by that... Yes I may write a book. But, what should I call it? 'Winner, take nothing'? Because, sis will now try her best to win my mother over with other techniques, than being a sister or a true daughter. I know she will visit my house, completely disregarding that I'm even alive, further reinforcing hatred upon her kids towards me, never once apologizing in front of them or otherwise, for the gross malignment of my character. I realize she can no longer impose her wishes for controlling our finances, and any attempt to will be met with a quick reminder from me that the courts have already ruled on that, and that continued attempts are to be regarded as harassment, if not viewed as contempt by the courts.
I feel better knowing we won. But, I know she will continue to hurt me with her apathetic and sociopathic behavior. Andrea, how do you think 'Winner take nothing' will end? Will my sister continue to play her part, just as I write her script in such a book? She talks about a 'propensity for violence' on my part. This is pure projection on her part, as I have professional forensic witness' testimony to her violent motions against me. I, have never once displayed violence to anyone, or made violent statements of intention. I am a peaceful person, and this is the part that hurts me the most... that my own sister would fabricate such antithetical and completely fabricated lies about me. More than that, I am tormented by the fact that my sister's 2 kids are probably going to sit in my household, play their computer games, and completely ignore 'bad boy big brother'. Will my mother ask my sister to apologize to both herself and me? Maybe, but it won't mean anything. My sister has made no attempt to even explain her actions to my mother. By now, if she were normal, she would have said something like'
'Ma... I'm really sorry for everything. Will you and (brother) please forgive me, and can we move on?". But, upon questioning my mother, the conversations between the mother and daughter has been nothing more than topical and completely void of substance or depth of any kind. They are both acting somewhat afraid of each other.

A leopard doesn't change his spots. So, why am I allowing this openness between mother and daughter. I doubt her daughter contributes to my mother's health, but I don't want to lock my mother out of that wish, when and if she desires to see her daughter. I also don't want the courts to say that I denied my sister the right to see her mother. There is something very unsettling here because I believe that my sister is not done with tormenting me. She will find ways, such as the kids ignoring me on their visits.

The next reply will contain a copy of the last letter I wrote (last letter never got to you, probably too large a file)to my Attorney. As yet no response... and you should be aware I was charged 10 G'S. At 350 per hour, I believe I have some change coming.
Expert:  Andrea, Esq. replied 1 year ago.

Good afternoon, Eddie,

 

I wish I knew the answers to the questions you posed and to those that you have not asked, but remain on your mind, tormenting you ever day. I also wish I could tell you otherwise, but you are walking a tightrope, without a net and a hungry, salivating leopard which refuses to change its spots, looking up at you, biding its time. So, what I will do is hand you a rifle which will serve a dual purpose - use it to keep your balance while you walk the tightrope, get to the other side and then use the rifle for its intended purpose.

 

With respect to your sister's children, don't even try to compete with her. The best, and only thing, you can do is to be yourself, as if she did not exist. Treat them as you normally would. There will come a time when they will realize what their mother is all about and they will also realize that you played no part in forming their opinion. That will be when they realize that you were right all along and, if your sister is maligning you to them, there never was any basis for anything that she said about you.

 

Regarding the lawyer to whom you paid $10,000, you should know that our Code of Professional Responsibility, Code of Ethics and Code of Conduct prohibits any attorney from retaining any part of an unearned fee. The lawyer should give you an "Itemized Bill for Legal Services Rendered" which gives a breakdown by date, description of what the lawyer did on that date and how much time it took. I am sure that there is no way that he can justify $10,000 for one letter. So, at the very minimum, you should be receiving $9,500 back. If not, let me know and I will give you the contact information for the New York Attorney Disciplinary Board.

 

Your proposed title, "Winner, Take Nothing" is very appropriate and very true because nobody wins in these situations. I do not know how I would write a script for such a book because anger would cloud my thinking. I suppose, I would start by taking notes here and there, just to keep things fresh in my mind, and just keep doing that until at least some of the anger subsided. I would probably ask someone who was close to me and whom I trusted, someone who could be objective, to help me write it, just to keep the proper perspective on everything.

 

As for an apology, do not expect one from your sister (I know you don't, anyway) because that would involve so much more which she is incapable of admitting, possibly even to herself. She would have to admit that she was doing it for self-serving reasons, that she is selfish, that she holds a lot of malice towards you and your mother, that she is spiteful and jealous of you, and so much more. An apology would be an admission on her part of all the negative parts of her character, so that is something that she will not do. I do not know what to say, or what you should tell her because I put myself in your position and I know that I would not be able to be civil to someone like that. However, you do not have much choice because you cannot say anything that would make it appear as if you are talking against her behind her back. I think it is a good idea to have a lawyer be the "go-between" for now because the lawyer will serve as a buffer and will also be a witness that you did not say or do anything to prevent your sister from seeing your mother. The lawyer should also do the same thing for your mother so that your sister is clear that you are not influencing your mother or her feelings towards your sister in any way. It is a rather cumbersome way to communicate, but it might be necessary so that your sister is not given any fuel to put on her fire and institute any new actions against your mother or you. Your sister is prone to look at the negative side of things and appears to be very litigious, so I would consider that anything you do to protect yourself and your mother, would be the very least that you can do; at this time, anyway,

 

 

Live Long and Prosper, my Friend,

 

ANDREA

 

 

 

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