Are statements made to someones attorney grounds for
Are statements made to someones attorney grounds for defamation? I've got a case of intentional infliction of Emotional distress, false imprisonment, Breach of fiduciary duty, And more against the trustees of my family trust. It's A long story, but in summary, I just discovered the existence of a dozen false police reports and other reports made to the local mental health department that outline an almost two year long effort to have me declared legally incompetent so I couldn't sue them for committing estate fraud. Like I said it's a long story. I'll try to get the police to press charges for the false reports and they don't want anything to do with it, they keep saying it's s civil matter. And I can't use the information in the report as a basis for a defamation claim because information provided to the authorities in this respect is considered absolutely privileged. so my question is can I Use statements made to my own attorney by the defendants as a basis for defamation and then just have everything else serve as evidence for the claim? It's been over a year since the reports were made so even if I could use them the statute of limitations has passed for defamation. However it's only been about eight months since the defendants met with my attorney and told him the same thing that they said in those reports. They said I was schizophrenic, diagnosed With borderline personality disorder, that I had domestic charges, and basically anything else that you can think of to try to convince the authorities that I was a dangerous to others were a danger to myself. can I use those comments made my own attorney as a basis for this defamation claim ?
Massachusetts Case Involved in a car accident I was the
Massachusetts CaseInvolved in a car accident I was the Driver and only person in the car Aug 11, 2015 wonderful Mother owned the car--gave it to me the week before but I was in the process of moving so I did not Register it yet--went to dinner with a friend got on the highway for less than what I remember to be less than 5 minutes I felt a snap and then my car felt it went sliding violently across the highway and smashed into a treeI needed to be extricated out of the car and brought to the Hospital legs were severely broken into 11 different breaks placed into knee immobilizers for 4.5 months, small breaks in my Spine had to wear a neck brace for 2 months and now a year later I still cannot walk rightI have Multple Sclerosis but my friend who I was having dinner with when asked "did you see or notice anything different about me before my accident" "No and I don't think a Water with Lemon slices would have done anything to you either wasn't your MS either"Now my lovely Mother when asked "why didn't you have anyone look at the Car to see if there was something wrong with the Engine" "why? You just drive like an #%%^#}* Your Aunt was driving it the week before an she said it was fine" She is such a caring sole she received a check from her Insurance Co. for a whopping $6K she did to replace the car and that was that this July I went to register my truck with a new Insurance co and the agent asked me "did you have your car accident looked at? I am not a Lawyer but we always recommend that you make sure you have one look at your case and that car you were driving is NOTORIOUS for getting into wrecks you really should have it looked into"I did look and there are several complaints on the year, make and model of the car "why didn't you have my accident ever looked at?" "I told you your Aunt was driving it she said it was fine you're just looking for money"Here we go the car was a 2001 Honda Civic yes one that was recalled for its Takeda Airbags (sorry if I am not spelling it correctly) it had ready? Only 36K miles on it was my late Grandmothers car she never drove far and for the last approximately 3 years it never moved in her driveway so when it can up here it the interior was all dry rotted no on ever had the engine looked at it was like a brand new carHence my Mother wins it in the Probate of her Estate should I have a Legal Expert look at this?Thank you
I had already written a lot but got lost trying to get on
I had already written a lot but got lost trying to get on PaypalJA: What state are you in? It matters because laws vary by location.Customer: CaliforniaJA: Has anything been filed or reported?Customer: I received a check for my inheritance from a trust I am a bienifishary and I think the trustees which are my brother in laws are not giving me the right amount. How can I get a copy of the trust.JA: Anything else you want the lawyer to know before I connect you?Customer: They sent me a half sheet of paper that looks authentic but a very bad job of recreating it they typed in the three of us at $10,000 each two are their grand children and the trustee are my two brother in-laws How can I get a copy of the trust.
Police reports are considered Absolute privelage but
Police reports are considered Absolute privelage but absolute privelage can't be applied if the comments made were later published, so would a police report published in the local newspaper be considered privelaged?
My ex-husband and I owned a business, a corporation based in
My ex-husband and I owned a business, a corporation based in New Mexico. A few years ago he began working in Texas outside of Dallas due to the lack of work (construction) in New Mexico. Although I went down frequently to help out, I never moved full-time to TX. About a year and a half ago he met a woman and became involved with her. She immediately began to take over control of the company and his life. We got divorced (finalized Nov. 30, 2015) and as part of the settlement, I signed over my 50% ownership of the corporation to my ex.Initially he was paying all of our bills, as well as paying me alimony, but several months ago he began saying he was broke. He began to suspect that this woman who'd taken over his business was taking money from the corporation but couldn't be sure. About a month ago I finally convinced him to get all of the bank statements, credit card statements, etc. so that I could prepare the books for our accountant so that he could file our 2015 corporate taxes. The upshot is that between making personal charges on the business credit card and taking cash withdraws from the business account (yes, he did put her on the account), she stole almost $300,000! My ex-husband is now completely broke, which of course affects my financial situation and has a credit card with a $60,000 balance on it. He is still living with this woman but wants to move back to New Mexico and start over with me. I realize that I probably can't sue this woman, but I would think that he can. What do you think?
Los Angeles I need to sue my 2 brothers. The 3 of us are
Los AngelesI need to sue my 2 brothers.The 3 of us are co-trustees for my 95 year old father. Brothers had him deemed Incapacitated with an Affidavit of Successor Trustee, last July. Right after that my younger brother said the roof needed to be replaced. He sent a roofer to inspect it and the roofer confirmed it.My father's finances were low due to remodeling the kitchen ($68000) and my mother's funeral a couple years later ($23000). So I entered into a verbal loan agreement with my brothers to pay for the roof, with the money being paid back to me when my father could pay me back.Right after that, my father's condition became such that a 24/7 caregiver needed to be hired to take care of him. We sold my father's house to pay the caregiver agency $5400 per month. The house was sold for $640,000 and the money is in the bank.My brothers will not pay me the $6000. I have called, written emails, texts, etc. for months now, to no avail. Can I sue them? Since they are co-trustees to my father's estate, does it have to go thru a different court? Or Do I have to sue my father's estate or him?This is a terrible situation. Please help.
I am preparing a motion to replace the trustees of my family
i am preparing a motion to replace the trustees of my family trust must rely on the courts to appoint a successor... How do I word this and who can be appointed? Ive prepared the notion and the argument is very strong to replace them but every example ive seen recommends a replacement to the court, i dont have the anility to do that but i dont want to file an incomplete motion, any advice? I dont really care who the successor trustee is, but should i talk to a few banks? There is a LOT of money in the trust.
My closest friend recently died in a biking accident. She
My closest friend recently died in a biking accident. She left a will leaving her property to me and I am the executor. She left a certain amount to a partner but they have been split up for eight years. She made a copy of the original will and deleted the section with the portion to be left to her ex-partner.Must I notify the ex-partner and will the deletion stand up in court. She initialed the change.Please help me with this. There was never a marriage and she specifically excluded members of her family by name.
What laws are in place that discuss amendments made to
What laws are in place that discuss amendments made to trusts that were not properly made and what are my remedies here... Its been almost five years since it happened but i just discovered it. The trustees added themselves to my special trust, removed the hems standard, and a number of other changes were made at the same time five years ago. Ive recently obtained a true copy of the trust with all the amendments and discovered that my signature was forged on two notifications of those amendments and i was never told about those two amendments. So fast forward to today... Long story short, ive been evicted from my home and cut off from the trust and they are saying that ive violated the no contest clause and no longer have a trust because I sued them for commiting a number of torts against me. But i didnt even know they were trustees until recently, they were the trystees of my grandfathers main trust but my grandfather didnt intend on them being trustees of my special trust, they added themselves in addition to my mother five years ago without the ability to do it. Now they are saying that i cant do anything about it because its too late, is that true?