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Can a lawsuit by an heir(s) looking to overturn a last

Can a lawsuit by an heir(s) looking to overturn a last minute change in a will on the deathbed of the decedent on the grounds of undue influence, receive:1. Legal fees awarded?2. Punitive damages?Scenario: A man called B with 4 children from a previous marriage, dies leaving his entire estate to his second wife, (who never had any children before or after she married him) of 25 years and zero to his 4 children from a previous wife.The new wife got the decedent to change his will so that the estate did not go to his children after her death. (presumably to whomever she wants).The issue of undue influence is very much there. However, fighting to obtain a possible benefit only when the new wife dies, (if there is any estate left) is not a suit that can be brought on contingency unless legal fees and/or punitive damages can be obtained, so the lawyers can receive something if the case is won.

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Loren

Juris Doctor

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I am being sued for breach of non compete.I am positive they

I am being sued for breach of non compete.I am positive they forged it.Their attorney handed over the agreement for forensic analasist to my attorney .We had a reputable handwriting analasist look at the document.My attorney made sure that they where happy with his credentials before analysis.He concluded that it was a bad attempt at a forgery.My question is,what can I do next?

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RayAnswers

Lawyer

Doctoral Degree

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Can you file a PFA or harassment charges against a person if

Can you file a PFA or harassment charges against a person if they keep on trying to sue you for the same thing over and over again.In the state of PA.Background of case:LLC was sued back in May 2014. Issue happen back in April 2012.Plaintiff sued LLC and its Member's.LLC was dissolved in JUNE 2014 by the state of DE.Went full term and judge dismissed the members from the case and put judgment on the LLC.In this case, they ask for Sanctions and we had a hearing on it.The plaintiff counsel was out of town. It took them three times and three hearings for them to figure out that they could not do sanctions. It cost me over 15k just for those three hearings.My attorney not once ask for for legal fees back for their mistakes.They also file criminal charges against us in two counties. Hired laywers for both counties and both counties dropped the case. Stated this was civil.Another 10K in fees.Plaintiff had a debts exam.LLC has nothing. No bank accounts or anything.Plaintiff is now brought a new case against the members again.Trying to piece the veil.I need to know if I can file a PFA or harassment charges on the plaintiff or the law firm that represents them.

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Richard - Bizlaw

Juris Doctor

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Question for - Bizlaw only, with regard to a notarized

Question for Richard - Bizlaw only, with regard to a notarized agreement ...Hello Richard ... You helped me to request a revision of a settlement agreement with our CPA, to include only the matter at hand, and for it to include a deadline for the refund check to be received. Below is the CPA's lawyer's revised agreement. I would appreciate you taking a look at it, and letting me know if it looks okay to you. Thanks so much!TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN,KNOW THATHUSBANDS NAME , MY NAME and OUR COMPANY'S NAME as RELEASORS, in consideration of the a payment of DOLLAR AMOUNT Received from CPAS NAME as RELEASEE, releases and discharges the said RELEASEE, RELEASEE'S heirs, executors, administrators and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns have in relation to allegations set forth in the email dated March 7, 2017 from OUR COMPANY'S NAME to CPAS NAME (a copy of the email is attached) effective as of the date of this ReleaseThe words “RELEASOR” and “RELEASEE” include all releasors and all releasees underthis RELEASE. As a condition of this Release, RELEASEE shall send RELEASORS the DOLLAR AMOUNT set forth in this Release within five (5) calendar days from RELEASEE's receipt of this fully executed Release. This RELEASE may not be changed orally.OUR COMPANY'S NAMEBy:______________________________MY HUSBANDS NAME, memberBy:______________________________MY HUSBAND'S NAME, personallyPage 2 of 3By:______________________________MY NAME, personallySTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME , to me known to me to be the individual(s) described in, and who stated that he amember of OUR COMPANY'S NAME and who executed the foregoing RELEASE, and dulyacknowledged to me that he executed same on behalf of said company._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME, to me known to me to be the individual(s) described in, and who stated that he is named in and personally executed the foregoing RELEASE._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY NAME , to me known to me to be the individual(s) described in, and who stated that he isnamed in and personally executed the foregoing RELEASE._______________________________Notary PublicFrom: OUR COMPANY'S EMAIL ADDRESSSent: Tuesday, March 07, 2017 12:53 AMTo: ***** *****Subject: OUR COMPANY'S NAME3-6-17OUR CPA'S FIRST NAME,We believe it's unethical for you to renege on our formal agreement by back charging us after we decided to terminate our relationship with you. It's for that reason that we intend to file a complaint with the State Board of Accountancy.While we reserve the right to pursue our refund in small claims court at a later date, we will inform the aforementioned regulatory agency that we are not requesting that they investigate a fee dispute, but rather the dishonoring of a written agreement and the fabricating of an invoice.We have just been informed by The Board, that once a complaint is filed it becomes a permanent government record, and legally must be produced to any member of the public if requested. With that said, we wanted to give you an opportunity to refund our $DOLLAR AMOUNT, consistent with what we agreed upon.Sincerely,MY HUSBAND AND MY NAMEOUR COMPANY'S NAME

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
In California, can a for-profit LLC accept help from

In California, can a for-profit LLC accept help from volunteers? I host a social cause based podcast and my fans often want to help out with production or guest booking, or social media, and I'd love the help, but I'm unsure if I'm allowed to accept the help offered without paying them.

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RayAnswers

Lawyer

Doctoral Degree

42,928 satisfied customers
Questions about signing a settlement agreement... My husband

Questions about signing a settlement agreement...Hello…My husband is the owner of a sole member LLC. We have worked with an accountant since the end of 2014. We pay him a monthly fee, that we have recently learned is almost double the customary rate in our area. Additionally, we became concerned about the work he did for us. The monthly fee paid him in advance and included the filing of our 2016 tax return. We notified him that we were not going to continue with his services and requested a refund. He responded with a fabricated invoice for research done in 2014 and 2015, so as to adjust the amount we requested to about a quarter of what he actually owes us. He included a check for that amount with the fabricated invoice. We did not cash the check which he marked “final payment”. We notified the CPA that we believed it was unethical to dishonor our formal agreement and back charge us, and would be filing a complaint with the appropriate regulatory agency, and reserving the right to pursue our refund in small claims court at a later date. We said that we wanted to give him the chance to reconsider and refund us the amount we originally requested. We then received this email and attachment from CPA's attorney:CPA'S NAME had advised me that he already paid to you $ AMOUNT OF CHECK SENT THAT WE HAVENT CASHED of the $FULL AMOUNT WE REQUESTED you requested thereby leaving a balance of $DIFFERENCE BETWEEN AMT REQUESTED AND UNCASHED CHECK. To receive this payment we ask that you execute and return the attached release with appropriate notarizations. After receipt, CPA'S NAME will direct you the payment.TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT MY HUSBANDS NAME , MY NAME, and OUR COMPANY NAME as RELEASORS, in consideration of the a payment of $amount written out ($_____) Received from CPA's NAME as RELEASEE, releases and discharges the said RELEASEE, RELEASEE'S heirs, executors, administrators and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE. In particular, but not in limitation of the foregoing, this release is given to settle all claims. The words “RELEASOR” and “RELEASEE” include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally.Company nameBy:______________________________MY HUSBAND'S NAME, memberBy:_____________________________MY HUSBANDS NAME, personallyBy:______________________________MY NAME, personallySTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY HUSBAND'S NAME, to me known to me to be the individual(s) described in, and who stated that he a member of OUR COMPANY NAME and who executed the foregoing RELEASE, and duly acknowledged to me that he executed same on behalf of said company._______________________________Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came HUSBANDS NAME, to me known to me to be the individual(s) described in, and who stated that he is named in and personally executed the foregoing RELEASE._______________________________ Notary PublicSTATE OF NEW JERSEY COUNTY OF ___________________ ss.:On ______________________, 2017 before me the subscriber personally came MY NAME, to me known to me to be the individual(s) described in, and who stated that he isnamed in and personally executed the foregoing RELEASE._______________________________Notary PublicAfter receiving the above, I reviewed my records again and realized that the CPA actually owes us a month more than I originally asked him to refund, because we always paid him one month in advance. All of that being said, my questions are as follows:1. We are uncomfortable signing any settlement agreement, especially when the language seems all encompassing. If we get audited for example and owe money because of the CPA's mistake; will the notarized settlement release CPA from any suits regarding his errors? Also, my husband and I would both have to arrange a time to meet with the notary which is relatively time consuming, Further, the attorney doesn't indicate any date the we will receive our refund, just “after” the signing.2. Should we mention the amount owed to us for the overpayment that I didn't include in the original request?Much thanks!

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
I was wondering what how I mightvgo about countersuing a

I was wondering what how I mightvgo about countersuing a plantiff.The company that I work for are being sued for breach of non compete.The company has been served a month ago.My lawyer has been in contact with thier lawyer asking for the 2002 copy of the non compete that we believe is forged.They refuse to give us the document for Forensic Handwriting analysis.We are sure that it is because it is forged.I was just served last week.I am hoping to not use an attorney because it is so expensive. Should I countersuit them for frivolous lawsuit and ask for punitive damages or just frivolous lawsuit and later sue them for punitive damages?

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642 satisfied customers
For CA contract law I'm an independent software distributor

For CA biz contract lawHi,I'm an independent software distributor relief a large firm for many years. In August 2015 52000 they claimed I had legitimately signed a contract and that because of that they were shipping me new software that was going to cost approximately 35 times more than I was originally.The contract that governs the relationship between me and the firm had a clause in it for invoice the speed dispute resolution. The clause is just about a sentence in the contract. I have been unable dictation regarding the procedure.I submitted my request for this in September 2015 they have now in February 2017 provided the response. In that response they find an entirely different cause of action at first it was this contract, but now they have ignored it. They now claim there was no change in the relationship and that I had been doing business at these new prices and volumes for many months prior.. My question is since the firm had taken 17 months to respond to my dispute resolution requests and the evidence submitted what would be a reasonable amount of time for me to request in terms of my submitting evidence and arguments disputing these new claims. What I'm looking for is here is the reasonable time window that would stand up in court as they had taken 17 months. Should I ask for 3 m,6m,9m, or you're is your recommendation?To repeat for clear communication, I'm looking for is an estimation of how many months I can request to respond as normal and customary given the facts at hand.Thank you for your guidanceCheers..Tom

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
I have a services contract where I'm going to be paid $5,000

Hi there,I have a services contract where I'm going to be paid $5,000 a month in exchange for promoting someone's services on my website.In the contract, they've requested the following language:"Notwithstanding the above, and except for the indemnification obligations in Section 5D below, each party's exclusive remedy for all damages, losses and causes of actions whether in contract, tort (including negligence) or otherwise, arising from this Agreement shall not exceed $500.00."The "notwithstanding the above" only references negligence and limited liability on my part." Otherwise, it SOUNDS to me like this clause would essentially limit my own ability to collect if they stop paying. Is that true? For example, if they stop paying me the $5,000 a month (we usually do 3 month terms) and I try to collect, can they turn around and say, "Oh, but this clause says you're limited to $500 max damages"? Or does this not apply to the actual payment for services under the contract?

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Richard - Bizlaw

Juris Doctor

11,510 satisfied customers
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