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Scenio: Elder Financial Abuse in California: My Mom named my

Scenio: Elder Financial Abuse in California: My Mom named my brother on her savings and checking accounts years ago in case something happened to her. She made several loans to my brother with the mutual (verbal) agreement of him paying her back. Eventually he took over her accounts - changed them to online statements without her permission and she could no longer see the account activity. (she does not use a computer). She later went to the bank and got paper statements and changed it back. He asked once in a while if he could borrow money after that, but eventually he stopped asking and just starting transferring money at will. My brother took her retirement savings of 200,000. down to 300 dollars from 2011 to 2015. As soon as she closed that savings - he started transferring money out of her checking account. He also owes my Dad 25K but my dad has a promisory note and my mom does not. What is my parents recourse (he owns a 2 million dollar house). Any advice would be appreciated. He will not willingly pay them back and does not have the cash flow to pay them back. Please advise as to options and recourse.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,122 satisfied customers
I need to know whether I can use certain evidence in my

I need to know whether I can use certain evidence in my motion for sanctions that I'm about to file. My attorney just dropped me and I'm appearing on my own right now because of some deal that he made with the other attorney I actually have an email from my attorney that says "they have agreed to except service but I have to get out of the case". That's all I know, two days later I got a notice of his motion to withdraw in the mail that showed a hearing date for last Monday but I called the courthouse on Monday and nothing had been scheduled. Four days later I looked on the court website and I saw that the hearing had actually just been the day before, so The papers he sent me were not the same ones filed with the court. He was removed by default. This was actually not my first attorney. My first attorney I was with for almost a year and he ultimately concluded that I would be in better hands with someone more aggressive so in comes this other guy, now when he first came on we filed the petition but we didn't serve it and I couldn't figure out why but later on he told me that the defendants had agreed to accept service and that there was nothing to worry about. then I received an eviction notice in the mail and was thrown out of my home because I had just filed this lawsuit against the trustees that are in charge of my home. So fast-forward a little over a month and it's one day before the eviction hearing and four days before service was due upon the defendants and my attorney calls me up and surprised me by saying that the defendants had NOT agreed to accept service and that there was no time left to do it. Keep in mind he had told me that we were going to fight the infection this entire time and that they had already agreed to accept service long ago. He said that the only way I would have a cases is if I agreed to the eviction by a consent judgment in exchange for the defendants excepting service. So I had no choice but to do it then my attorney sent me an email that says "they have agreed to accept service but I have to get out of the case". Here's my problem: I'm completely overwhelmed with all this paperwork, the defendants have caused me to lose my attorney, and there's a lot more here that I haven't mentioned. For instance, they tried to trick me into it and eviction in the first place. What they did is they scheduled a hearing for 30 days out and delivered that paperwork to me, then they went straight back to the courthouse and cancelled that hearing and rescheduled an alias for only three days away. But they didn't tell me about that. I got lucky and I happened to check the website the day before so I contacted their attorney and he told me that he was going to get a sworn affidavit from the process server saying that I had been delivered the alias, that's what he reported to the court and it was a total lie. I told him that it wasn't possible due to the fact that the alias had been issued after I had been served and I showed him a copy of what I had received and he closed his mouth really quick, but there's no question about it he was planning on me not showing up for the eviction and getting a default judgement. So here I am trying to get the trust to pay for expenses by creating this motion for sanctions and I just read something about how our emails and communications between attorneys or from attorneys cannot be used as evidence , is that correct. Now I've got emails from my old attorney to my new attorney that flat out say that the defendant had agreed to accept service when they had not. I've also got emails from my attorney to me talking About the deal he had made to drop me as a client, and that he was telling me one thing while he was doing another, it's painfully obvious but all my evidence is wrapped up in these emails, can I even use them in this motion for sanctions?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I just have one question. I was married in june of this year

hi, I just have one question. I was married in june of this year but I live in louisiana for work. my wife moved here a month ago. She left this weekend without saying she wouldnt return. what do i need to doJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I married in arkansas. I went home for wedding but I live in louisianaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of. I just want to know the quickest way to get a divorce or annulement

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
My roommate found videos of him and his girlfriend taken

My roommate found videos of him and his girlfriend taken through a window from our landlord. The videos were on a network drive attaches to the wifi in our house. But he copied those videos and all the others that were of the landlord. My roommate also demanded that our landlord buy him a car or he would contact the police. I know the landlord is in the wrong, but has my roommate also committed a crime by taking the other videos and pictures that were not his and the trying to extort money from our landlord too?

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ScottyMacEsq

Doctoral Degree

22,688 satisfied customers
A former friend is stating on social media and in an

A former friend is stating on social media and in an internet chat room that if I don't send her a check for $30,000 by a certain date that she will have me arrested for harassment. She didn't specify me by name but gave enough ancillary information that those following her social media and participate in the chat room know that it is me. She is upset that I am no longer providing her with money to help her out of financial distress. Mind you I have provided nearly $150,000 to her over a two year period and told her I am no longer going to do this. What options do I have?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
My son was to appear at small claims court today. He

My son was to appear at small claims court today. He appeared. Lawyer approached him outside the courtroom. No judge. Asked him if he owed the hospital bill. He admitted he did owe part of the bill. He had contacted law firm prior to court date for info showing billing etc for the hospital bill.The law firm did not respond. He never received any bills from the hospital in the mail etc. He did move, but had forwarding address etc for a year. He did receive services from the hospital. He had insurance in effect at the time.This happened over three years ago. He did not sign anything today, but lawyer said if $450/every two weeks(based on his salary the lawyer told him) payment not made by Sep1, they will garnish wages etc. There was no judge involved in this discussion today. They are asking for about $3500 total. My son said there were other lawyers there doing the same thing with other people. Can the lawyer do that with no judge involved? Is this legally binding?

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legalgems

Juris Doctorate

13,780 satisfied customers
I was married 48 hours ago while stationed overseas in

I was married 48 hours ago while stationed overseas in Japan. I am the service member. He lives in VA. Is a service member too. We haven't consummated the marriage. How can we seek annulment. Thank you!JA: Because laws vary from place to place, can you tell me what state this is in?Customer: JapanJA: Have you talked to a lawyer yet?Customer: No. It's the weekendJA: Anything else you think the lawyer should know?Customer: No

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Alex J. Esq.

Managing Attorney

Doctoral Degree

22,090 satisfied customers
1. My son bought a car at a buy-here-pay-here and I

1. My son bought a car at a buy-here-pay-here and I co-signed2. There was problems with the vehicle: ac not working, tail light not working, cosmetic details, clutch issues3.My son tells me when he took it to the shop the person there said they don't work on that type of car (VW Beetle)4.Two weeks after he purchased the car he ran over a stump and damaged the cars front end and radiator5.We had the car towed to where we bought the car and the owner filed a claim with the insurance company6.Insurance company totals the car saying it would cost too much to repair and the vehicle is not worth it7.After all is said and done they pay out to the owner 750.00(less 1000 detuctable)to the owner. So the owner now has roughly 1200.00 toward a vehicle that the insurance co. said was worth 2300.00.8.Owner calls me wanting his money for the vehicle. I do not think I should have to pay for the damages that were present prior to the accident they agreed to fix. Tax, Title things like that...he is in possession of the vehicle.9. The owner started a verbal altercation over the phone accusing me of lying and making things up and I just hung up10. So legally am I responsible for the damages they did not fix prior to my son hitting the stump with the car? What is my legal responsibility.

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ScottyMacEsq

Doctoral Degree

22,688 satisfied customers
My father in law has now checked mself out of the hospital

My father in law has now checked himself out of the hospital twice and he is suffering near Kidney Failure. What rights does my mother in law have as he seemingly has no interest in getting better. In OH.

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LawTalk

Attorney at Law

Juris Doctor

32,998 satisfied customers
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