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Seeking Utah specific (torts: probate: plaintiff

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Seeking Utah specific (torts...

Seeking Utah specific (torts: probate: plaintiff successfully challenged an unrevocable estate trust, despite no facts in his favor, just a completely stupid bunch of jurors who believed his false tears and lies and purgery, and trying to discover sufficient grounds for argument that reversible and harmful error or other due process violation occurred, in order to appeal what is a grossly and wildly and obviously wrong jury decision of fact

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I did

Lawyer's Assistant: Has anything been filed or reported?

No the decision was made by the jury a few days ago transcript has not even been requested yet as it is evidently quite expensive

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, there was one oddity, aside from the fact that the jury decided wrong and the plaintiff purgered himself, at one point a juror admitted she had a potential conflict of interest,, disclosed that, and the judge unilaterally allowed her to remain on the jury pool, thereby potentially poisoning the integrity of the jury, which would offend amendments 5 and 14 as a matter of due process and public policy--however I cannot find anything supporting my view, as it seems, the appeals court gives the judge huge latitude in that situation, and defendant wanted to object to the juror remaining but was never given any opportunity to do so

Submitted: 7 months ago.Category: Estate Law
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12/14/2017
Estate Lawyer: DamienJD, Attorney replied 7 months ago
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Estate Lawyer: DamienJD, Attorney replied 7 months ago

Are you the attorney in the matter? Or were you represented by an attorney at trial? Have you already filed a Notice of Appeal?

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Customer reply replied 7 months ago
Hello, thak you, Sir for responding, I hope you are a man of patience and empathy as I have prepared a document that elucidates everything and is clear on what was fact and what wasn't but ultimately there is a lot of somewhat ... it is not as perfectly written nor organized as I think my best writing would be and that is evident but it is truer and more sincere than anything else I could have written and I apologize for the verbosity and the lack of organization, however I am willing to pay again the fee if you read it all carefully and excuse me that the writing is not ordered nor articulated like I would have preferred but I am emotionally affected and very underslept and stresssed and so i convey it all, and I know much of what I explain is unlikely to translate to a legal argument for reversal, and especially that error existed and was beyond harmless error, however I think I accurately convey the depth of injustice that happened and I would greatly apprciate it and respect you for doing it if you do read it carefully and completely and respond as best you can, then, I am glad to pay the fee twice and also you will have my sincere gratitude even if your best analysis ultimately doesn't give me a way of righting this wrong, the benfit of your eyes and knowledge and experience and analysis and time, is greatly greatly appreciated. And I am willing to pay whatever extra compensation is appropriate for the fact it is not something that can be rapidly read and accurately processed and that is becauseI have written it and been somewhat pouring my soul and not giving much thought, and am too tired, to have it presented and organized well, and I apologize for that. The writing is defective but the assertions and details and emotions are all sincere as coud possibly be. And in answer to you I am actually an attorney I am impressed you guessed that but no I am not a party in the case (not by name) though I suppose I am a "loser" as the judgment does affect me, but I am not named by name in the complaint and I filed no documents and made no appearance and even did not attend because I felt this issue too close and personal and with the fact I am a lawyer but a fairly new one, and mostly not experienced in this venue and only studied estates, trust, probate, etc., in school--then thinking I would exclsively practice that--but life took me differently and I ended up a pro bono for the poor um defense litigator and then a divorce attorney on behalf of other very poor clients, and there saw people in genuine distress and I having divorce thrust upon me at the same time, or shortly before, and allowing her to essentially have whatever she wanted, and take, because I had no heart to fight and was in shock and then somehow was for free representing nearly 10 clients, in utter despair and poverty, all of whom had been victim of tricks or lies or other deliberate deceptions or abuses of process and were needing technical help that I was able to give them, and that helped me find some value in myself as I did nothing but feel pain from my divorce, and then... I had to close the practice and cannot practice because I am subject to an advanced persistent targeted threat that I have not yet figured out how to eliminate, and I had cyber insurance but they did nothing for me did not even look at my data, and assumed I was wrong, with no evidence, meanwhile I lost access over night to multiple accounts, financial accounts, and domains and email accounts, including my law firm email and I ha ve never been able to get that one back. So I had to withdraw and have spent this last year in hell, becoming an expert at peneration testing and network security and every tool in Kali Linux toolbox and an an expert in deployments and Windows 10 and sysprep and panther and learning a lot that I did not know, and was happier not knowing. I am glad to know it but remain still in a state of passive breach where I still cannot secure my devices or network, and I could explain in great detail how the combination a clever and over the top set of exploits, in harmony, implemented by someone who had physical access to the devices, has made it so that despite me, by myself, being the one to learn the tools and skills to find the evidence and copy the malicious code and try and make sense of it and use creativity to break the math of encrypted databases that then, when successful, 9 in 10 times, the data is exactly as I predicted or speculated a year ago when it started, and reported, and did so with no real technical knowledge but able to detect a change in the heuristics and the patterns and operations of my devices, and also, it was kind of no brainer something was wrong when Mnday, I can access all my accounts, and Tuesday with same passwords I cannot access mst of them, and I am certain the cipher key I am using is correct, so, pretty good sign, someone took it over and changed the password. But I should stop there. Please read attached&thank you
Customer reply replied 7 months ago
Hmm... I spent a lot of time making that comprehensive overview and typing it but it is not uploading. I will keep trying but fear I may just fall asleep, or die of lack of sleep, if I do not try to go sleep now, but is there an e-mail I can send it to it is just a text file. But I did put a lot of time into making it and would appreciate very much getting it to you as otherwise I feel that I have done all of that thinking and emoting and explaining in vain.
Customer reply replied 7 months ago
34;We're Sorry -- an unknown error occcurred. Please try again." is all I can manage apparently. Well, I suppose a spot of irony in the sad frustration, as this case is basically that for sure the most unjust outcome occurred and so I say an unknown error occurred and would LOVE to try again... but no, I did not try the first time, I was not the attorney, I was not of record or asked to testify or be deposed or anything, I was a beneficiary by the fact the trust in dispute said something like per stirpes this amount to the issue of this person, who is my mother. But I am not technically attached or of record in any way here.
Estate Lawyer: Attorney2, Attorney replied 7 months ago
Attorney2
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Customer reply replied 7 months ago
actually and have a more technical knowledge of the case and even am considering various (normally discouraged but in these facts, actually quite compelling, post-judgment TC motions, prior to appeal, such as a 50B or a 60B (iir) however yeah, I do have questions. I was hoping the dude would leave his e-mail so I could send him the entire fact pattern but I can send you a summary now, as I guess he just up and left.
Customer reply replied 7 months ago
OKAY so I am a litigator by nature, but solo I did a little of everything, mainly for charity, or for the taken advantage of whose inferior knowledge of process, or deception, had put them in a bad position, and then I also did divorces as I had been surprised by mine that year and wanted to help others who had similar experiences, and no money, get through the process, so I know a bit about motions practice, and so on, but would not say I am any expert on it, or Utah evidence, or when a juror MUST be dismissed (or if the trial judge cannot be reversed on that...) hence I seek the thoughts of a lawyer more specific to this venue
Customer reply replied 7 months ago
BUT essentially this is what happened, my grandma was bullied by my uncle, and so she kicked him out her house (her primary asset), and he had previously been named, in a very old trust, as the designated trustee, then his sister (my mom) but my grandma was very afraid of him and he became very loud, tempermental, and frightening and intimidating by the end, so she went and his at a hotel, and she asked my parents to stay over too, and she correctly predicted that my uncle would threaten my Dad's life, as he had taken to doing, and my Dad is very gentle, so they all hid there, at grandma's request, and waited, and eventually had to take more formal action to remove my uncle who was still squatting there, even 4 weeks when he had been demanded 2 (and for cause,m, like trashing her office, leaving her suicide notes if he did not get his way, and trashing the basement)
Customer reply replied 7 months ago
my uncle for months, util my grandma died, would behave hugely unpredictably and we were all afraid because he would so often threaten my dd who would not defend himself, he just has no sense of violence. But I licensed ccw and trained to become expert with a firearm, my little bro the same, we were in such fear and my sister had to begin anti anxiety medicine; and my granbdma had also had made and asked me to help her (as her lawyer, but that began as a little "joke" when I had just passed the bar as she asked to be my first client for a retainer of $1) suddenly there was things she wanted done (I did not engage her in any way about her estate or bequests or will or anything, my job was to check to see how title was held and make sure mty uncle in one of his many pattern of schemes to steal or sell the house's equity, which she was alive, had not done so)
Customer reply replied 7 months ago
It was not an unreasonable request as he had in fact gone and made himself, illegally, the sole beneficiary of her few financial banking instruments of some $16,000 and changed her amail password ***** that cause her confusion, and otherwise tried to promote her confusion. And every time he hired a lawyer for this or that, I was sent information from that lawyer and then would have to clarify that my grandma had not intended my uncle to be her fiduciary and, ,clearly he had no concept of what a fiduciary responsibilitywas, as he took care of himself, not her interests, and the lawyer my grandma finally hired to do her last version of her trust, only she and the lawyer knew she had cut out my uncle, and by then I was actually withdrawn as her counsel, as I had been told to on advice of a professor and I took it to mean that I was making my uncle more agitated that I had her trust or something, even thought she only ever once assked me one estate question (and I lived with her in that house for 5 years prior to law school and she was my friend and between me and the dog that was her social life.
Customer reply replied 7 months ago
BTW the question asked me was whether or not, essentially, her kids had a legal property right that, if not preserved them, became actionable after she died, shoul;d she fail to bequest it. And I told her NO it was the revocable trust still, and yeah (she used the example if she donated itall to the make a wish)and I said "doesn't matter what anybody else says, you own your stuff, and you can give it all to make a wish if you want and nobody else gets any say in it
Customer reply replied 7 months ago
that was the extent of our legal relationship and then shortly after I withdrew on advice
Customer reply replied 7 months ago
however we have all these recordings she made thatr we did not know of before where my uncle is yelling at her until she does what he wants (she evcen saw her accountant to see if a reverse mortgage was possible, just so Gary wouldn't be mad) and he testified, ,along with many other neutrals that she had found him intimidating,, She had even asked the accountant to be the one to call her son the enxt day and say it was impossible
Customer reply replied 7 months ago
o tried to sell her lexus while she was in the hospital (and she got better) and on that car she and my mom were tenants in common, and that was my grandmka's choice too, after my uncle told for cheap a fairly pricey immaculate old classic car once my grand dad died
Customer reply replied 7 months ago
my uncle had the neighbor, his buddy, give him adderal on a whim and bragged to me of it, and the neighbor wanted my grandma's house for a bargain, and that was known,, and my uncle wanted it to sell him it for a bargain, also known
Customer reply replied 7 months ago
then she dies and we discover it says half to daughter, half to her issue, per stirpes, and none to my son who has been so disrespectful of me (at one point he called her greedy for still being alive)
Customer reply replied 7 months ago
the cause of action brought was by my uncle against my parents and it allegted 1. undue influence, ,and 2. tortious damages to him for the 3 weeks or so my grandma refused to return to her home, as her son had dishonored her and refused to leave, and in fact he never did repay the 12 months of rent he owed, but he smashed up her basement with no permission and billed her any materials for his projects, and she hated it but feared him greatly.
Customer reply replied 7 months ago
the balance of the evidence went like so:
Customer reply replied 7 months ago
the plaintiff came and brought the neighbor (a known co-conspirator) and they shared a joint, practice, tearful, but false narrative, of how the son got back from his trip (btw he was so used to manipulating his mother with threats of suicide he had drawn a bullet on her calendar she used every day, and wrote on another day "my last day" and underlined it, then left---and this because she was upset he had, despite 3+ specific requests he not, gone and trashed her office she loved
Customer reply replied 7 months ago
plaintiff testified with charm and lies about how distressed he was getting hopme and not knowing where his mother was, and my grandma not wanting him to, and not wanting the others to either, for their own safety--->a correct prediction of his volatile and known vilent state (in fact despite later denial, it so rattled the neighbor he did the first and last good thing he ever did and cvalled and warned my dad so my dad was less likely to be murdered) the exact threat was "suicide by cop, but not before Hiram"
Customer reply replied 7 months ago
my dad then seeks a protective order, it sticks, then they go beofre commissioner Casey, who I have argued such motions before as well, and he becomes extremely confused because my uncle's lawyer misstakes the names and identities and eventsand facts so much and confusingly Caasey did not know what the hell happened. So he said he had never been so unsure before, then rebuked my uncle but also allowed for the protective order not to continue (this is a fact my uncle used often and trumpeted, that he had already won in court)
Customer reply replied 7 months ago
but there was a mountainm of evidence of his behaviors, criminal and almost crimianl but very selfish and manipulative that were all tied tightly to the nexus of his greed and desite for his own pecuniary gain, and sooner the better, and same for the neighbor who was going to then buy the hgouse for a bargain, which is not a fact of record, bnut is a fact we many of us heard them say
Customer reply replied 7 months ago
meanwhile my parents had counter sued for damages as my uncle had destroed a hockey table my dad had invented in his youth, and it still worked, .. until then ... and also he found ourbaby and child pictures around grandma's house and dismembered them not unlike a serial killer and put them in the trash and broken glass, and took pictures (he is a pro at pictures, and sent them to us---but did not tell grandma, though he did try manipulating her with emails and so on)
Customer reply replied 7 months ago
I am very curious as to the jury instruction because they came back with a unanimous verdict on my uncle's favor and it sounded, from what everyone said in shock, that they maybe mistook a necessary condition of a confidential relationship between my mom and her mom as a sufficient condition for undue influence
Customer reply replied 7 months ago
nd in truth, and her lawyer testified, no one but grandma knew of the trust, including me and she had trusted me a lot over the years as I lived with her, we bonded over much, and had similar humor, she called me "Switzerland" and actually protested when I sent her a letter withdrawing, she called and tried talking me out of it
Customer reply replied 7 months ago
now she had me drive her to get documents notarized, including my uincle's old, and misused alleged fiduciary doumenet he was using everyhwere, and sent him, his lawhyer and held onto extras, notice ofit being withdrawn, and he continued to use it and claim to have this power, and multiple lawyers then sent me papers, I replied with the notice, and then they, as per ethical rules, then would seem to drop my uncle as a client as he was continuing in his fraud
Customer reply replied 7 months ago
now I as the time has led up through discovery and into trial, was not involved because I have been spending the year against my wishes fighting an advanced persistent targetted threat that his me in January or December and I am still contending wiith and learning a lot about ALPS had sold me cyber security and response, and they did not come, anjd did so in technical bad faith, and I shalol raise that action later when I can, but mostly as I have been fighting this it was unclear what I had of value and if I could salvage it, etc., and in fact I had some recent breakthroughs and I have 2 major secuirtity companies calling me today interestedin my data, includingv Symantec
Customer reply replied 7 months ago
sorry (almost done)
Customer reply replied 7 months ago
anyways to my somewhat surprise, but I am heavily engaged in trying to discover evidence and parameters of this threat as it could forward project onto new devices I bought so there was no escaping it, and the SBI had e-mailed me once or twice about it back in March--but never investigated, and that bothered me--I had cyber insurance that could have helped and did not, and the SBI did not, and if either had, it is obvious as hell, and I could have been saved sooner, and it cost me my relationshiop, most of my friends and all my wealth, and spent myself into the grave studying, fighting, losing, etc., in facty I have specific evidence I did not understand at the tijke but photographs of temp storage blocking me over and over from resolving the healthcare server,so I had no health care, but this situation with my uncle added stress, among others, and at one point I end up life-flghted and intubated to save my life.... but no toxins or drugs or organ failures.....
Customer reply replied 7 months ago
anyway 3 or 4 hospitali8zations, never any drugs r alcohol, I end up with heatstrike->which became a DWI.... and repeated hospitalizations, etc., and so my family is not pressing me or even maybeaware of what evidence I had--especially since I lived there for 5 years.... and I was never deposed nor asked to offer testimony and I was surprised as I would have thought the one side to makle abig to do about my representing her, thought not in any action--except to file a motion to cancel a hearing over her on account of her death. But my uncle drags her off a few days before she dies, way against her health, and she is no senses and had no isea what is going on, and he returns from "lunch" with new fiduciary documents, but not any that any lawyer would ever write, as he mis-states the jargon and the grammar is somewhat confusing, but the core idea is that she gave him rights over everything and he could do as he pleased including come in the house whenever he wanted (previously he was held back by the eviction, but he broke in several times and police had to make him go) and he sold some of her antique furniture, etc... but he and his friend next door said (falsely) that they were the 2 who were friends of my grandma and my family was never there, despite being there every single holiday for 30 years... and these bogus legal documents have not her calligraphy perfect signature as can be seen on the october documents, but it was an illegible scribble....
Customer reply replied 7 months ago
grandma had also had twice her personal doctor who oversaw her care, write up and sign nmotes stating her mental powers were fine nevermind this shoulder bone was broken, kind of thing
Customer reply replied 7 months ago
her lawyer who executed the trust, the very last one, and kept the secret with her, testified I am sure as to her testimentary capacity (which if I recall from school is pretty easy: 1. do you know who you are, 2. do you know what you have, 3. do you know who would get it)
Customer reply replied 7 months ago
the verdict:
Customer reply replied 7 months ago
the jury comes back with the following unanimous verdict; 60% the estate to the son (a number he invented) and $150,000 in pain and suffering from defendants to plaintiff for the 3 weeks he could not find his mother (never mind they were all of them hiding from him for their lives) and in both my uncle's testimony he tells a story that is later proven false, by fact; and the same happened to his buddy neighbor. And I am now to ask my questions really quick: (ohhh and 1 of the jurors after opening arguments identified herself as going through a similar situation and said she might have a conflict of interest; and I believe the trial judge reaffirmed her unilaterally, not asking counsel, and for sure not asking plaintiff or defendent)
Customer reply replied 7 months ago
OK so I am obviously thinking the obvious things first, remmitur at minimum for that insane unproven $150k which they had no expert for, if they did it was the nurse practitioner neighbor who is adverse to the defense and who had purjered himself before (we knew but I do not think we raised ore proved) and the plaintiff who drives a bus, had a coworker and a boss take the stand but (so far as I hear about it) they just testified generally as to his nature and character as likeable or calmn or something... so (I admit I have much more experience in criminal venue than civil) but my first thoughts were 1.to me, this is improperly before a jury as the 6th amendment refers specifically to serious crimes, but I guess that is just a state rule that
Customer reply replied 7 months ago
allows the jury demand as the fact finding body, 2. is it reversible harmful error if the trial judge reaffirmed such a juror with or without concurrence of counsel? as a matter of due process and jury integrity, and I can imagine them say it was a harmless error, but I would argue her presence would poison the whole jury pool and cite similar cases if I found any
Customer reply replied 7 months ago
what about the fact that the jury found true a "fact" (and amount) of tortious damages to my uncle for his alleged and unproven suffering and I believe no award for the busted up pictures and table
Customer reply replied 7 months ago
then this is where I wish I had the tranjscript because it sure sounded to me, hearing people talking, tthat the jury was so heavily instructed on the statutory definition of an implied confidential relationship that, if they fund one, it was not a change in burden of proof but instant and de facto undue influence
Customer reply replied 7 months ago
then I began thinking of 60B stuff and wondered if there was a joinder argument that I should have been there, and why was I not, and my evidence, and much of it and I were unavailable until Monday (to be) anyway bc of the cyber security and breach issues and loss of device control stuff
Customer reply replied 7 months ago
then it occurred to me these last two thoughts
Customer reply replied 7 months ago
If the jury mistook a necessary condition for a sufficient condition, and then inferred that confidential relationship implied undue influence, and then, over the weight of the defense's majority of testimony, including less biased or more neutral witnesses, all of whom were disregarded, and then my uncle (whose testimony, at least in part, is called out as wrong-->purgery, and Kurt the neighbor the same, and then these other two witnesses are not expert witnesses as to my uncle-->iin criminal we have the character rule where a defendnat may choose to have witnesses assert toward his own reputation and character, but then the prosecution who could not have before now gets to attack his character and call witnesses the same
Customer reply replied 7 months ago
it sounds to me that these 2 witnesses were not pre-disclosed as to what the subject of their "evidence"
was and just added pathos to the jury's wrong narrative and helped him win more sympathy from then, and so should they not have been there, was it not improper for them to offer testimony so distantly connected, undeclared, and an objective, etc.?
Customer reply replied 7 months ago
then finally finally finally
Customer reply replied 7 months ago
I cannot get past my instinct here, where the plaintiff lied, and his evidence garbage, that why not a motion notwithstanding the verdict such that the jury could not have found for the plaintiff as the plaintiff's evidence was way less than that brought by the defense, on top of which the defense had a bunch more, and sokme dispite at some point over whether an important set of documents gets in (and in email correspondence the plaintiff's lawyer told the defendant's lawyer it was fine (and is not service of process complete by lawyers if the email is sent?) and then the judge did not let it in anyway and that hurt the defendent's case, I think (and I know he did do this but I am unsure it was this exactly) but one time my parents came home and found police officers in the home, asking about my grandma, who was not with them, and then my uncle wandered around and the police physically ejected him from the property and told him not to trespass it again, and that was part of it, and I know police reports are often,or near always, hearsay, but what if defense lawyer relied on other lawyer's concurrence it was find to admit and then did not then subpoena the officer to appear and testify, on that reliance??
Customer reply replied 7 months ago
then where my uncle had (and Kurt) a long body of schemes and attempted crimes to steal the equity from the house, and my uncle the one pressuring my grandma, and even scaring her to speak with her accountant, and he pitched 3 schemes to me, at least as many to my dad and he tried every cunning artificeTo me I believe that the motion, on grounds of law, due process and equity, and the Utah specific mini Rico statute (the one I am thinking of is something like... pattern of unlawful behavior,) and there was, and he often involved Kurt, AND that, because the plaintiff, even with a finding of any confidential relationship, had failed to produce enough evidence to sufficiently overcome the superior witnesses and testimony and body of evgidence ad documentary evidence (including my grandma's own handwriting of why she did what she did, and her lawyer saying she had tested her for capacity and also she had kept the secret between them, that Gary was out, but nobody else knew, and so, move for a directed judgment for the defense not withstanding the verdict as a matter of law and principles of substantial and procedural due process. ???? Crazy? I don't think so, but I don't know this venue. But anyway I will shut up now, I would love to hear what you have to say. Thank you for your patience.
Customer reply replied 7 months ago
where in the general semi vague confines of a 60 B motion (As opposed to my proposed 50 b) the fact I was unavailable before was true, and what I managed to savefrom the harddrive and what not, was not yet known til now, and some of it really is bad for my uncle, and so is there any value or use in an argument athat by remmitur or some other theory I may now enter, or at least allow defense to present evidence he did not know, nor I, that I hadm, but now we have? Because of the cyber situation, and also shlould not the jury award for secific damages minus any medical or psychological expert a question not properly before them, nor a number they are qualified to guess at, and in reality it was my mom, and dad, scared for dad's life, and if anybody ahd emotional harm, they got it backwards... how is it the biggest and scariest and most bullying (the ONLY party making threats, and of violence) he gets paid for that?? Because my parents his for their lives?
Estate Lawyer: Attorney2, Attorney replied 7 months ago
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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