Title: October 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I live in one of the houses below the large development of new houses taking place at the corner of Curry and Highline. Last winter was one of the wettest on record, as everyone knows. As a result, because there was nothing but uncovered dirt in that development, mud ran down the streets below, covered our lawn and destroyed all the landscaping in our front yard. Just a few days ago, we had a lot of rain and again the mud ran down the street. It cost us substantial amount of money to replace the landscaping and a lot of hard work to make our front yard attractive again. How can we avoid a repeat of last year?
A. I hope you contacted the developer and made a complaint about the mud damaging your front yard. In fact, you should have given the developer an invoice for the cost of replacing your landscaping, as well as whatever you paid for the hired labor to clean up your front yard. If you made no contact, the developer will never know what hardship he caused the neighborhood downstream. In fact, this should have been a collective effort on the part of the entire neighborhood to invoice that developer for the problems he caused. Had that been done, the developer would have been on notice and would have ensured that a dam would have been built to protect that neighborhood. If there are still mounds of uncovered dirt above you, make sure to contact the developer to notify him of your past problems and that you do not want this to happen again, otherwise he will be liable for subsequent damages.
Q. I’ve had two children with my boyfriend in a past life, who has long ago left town. My children are now respectively 15 and 11. I was just diagnosed with advanced lung cancer and I don’t think I am going to make it past next year. I need to get my kids taken care of after I pass away. What should I do?
A. It appears that you want their father to take care of them, but you cannot find him, or know of his whereabouts. If this man never paid child support, you are wasting your time chasing him down. Your children are better off with a person of your own choosing. Make sure to prepare a will with a guardianship provision, naming a trusted individual to care for your minor children. It could be your sister, your mother or a friend. If you have no one in mind, and you die before your children are 18, then Court will probably send them to a foster home.
Showing posts with label caretakers. Show all posts
Showing posts with label caretakers. Show all posts
Thursday, March 12, 2009
Monday, March 2, 2009
Legal Eaze #29 Injure responsibility/ bankruptcy
Title: August 31, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I was visiting a neighbor’s house about six months ago and I slipped on the stairs leading to the house. I hurt my back and I told my neighbor about slipping in her stairwell once I came into the house. She did not say anything about taking care of the doctor’s bill. I did go to the doctor and was told that I have a slipped disk. This is still causing me a lot of discomfort and pain, and I am afraid that I will be under the doctor’s care for quite some time. In the meantime, I have been paying for the doctor’s care, which is getting expensive, not to mention the pain I am suffering. Isn’t it my neighbor’s responsibility to pay for my doctor’s bills since I fell on her property?
A. Your neighbor probably has homeowner’s insurance which normally covers injuries sustained by guests or workers while being on her property. It is obvious that she will not do anything to help you unless you make another request that she make a claim to her homeowners’ insurance. If she does not relent, you should file a lawsuit. You have two years to do so from the date of the injury. But don’t wait two years. If you are still suffering pain after being injured six months ago and you run out of money, you might never get better. Better have her insurance pay for your medical treatment than you. Your neighbor is indeed liable for any accidental injuries sustained on her property
Q. My husband filed for bankruptcy, but I did not join in with him. He filed for BK on all of his credit cards, which he obtained before our marriage, expect for one or two. Can his creditors come after me for the debt he incurred on the credit cards that postdate our marriage?
A. Yes, they can. When husband and wife use a credit card, it is for the benefit of the community and therefore any debt incurred is considered community debt. If the husband is unable to pay, then it is perfectly legal for creditors to pursue collection against the spouse. If you are working, they can obtain a judgment against you and slap you with a wage garnishment. Of course, they can only take a small percentage of your salary, but nevertheless it hurts when you have to give up to 25% of your salary to pay your husband’s debts.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I was visiting a neighbor’s house about six months ago and I slipped on the stairs leading to the house. I hurt my back and I told my neighbor about slipping in her stairwell once I came into the house. She did not say anything about taking care of the doctor’s bill. I did go to the doctor and was told that I have a slipped disk. This is still causing me a lot of discomfort and pain, and I am afraid that I will be under the doctor’s care for quite some time. In the meantime, I have been paying for the doctor’s care, which is getting expensive, not to mention the pain I am suffering. Isn’t it my neighbor’s responsibility to pay for my doctor’s bills since I fell on her property?
A. Your neighbor probably has homeowner’s insurance which normally covers injuries sustained by guests or workers while being on her property. It is obvious that she will not do anything to help you unless you make another request that she make a claim to her homeowners’ insurance. If she does not relent, you should file a lawsuit. You have two years to do so from the date of the injury. But don’t wait two years. If you are still suffering pain after being injured six months ago and you run out of money, you might never get better. Better have her insurance pay for your medical treatment than you. Your neighbor is indeed liable for any accidental injuries sustained on her property
Q. My husband filed for bankruptcy, but I did not join in with him. He filed for BK on all of his credit cards, which he obtained before our marriage, expect for one or two. Can his creditors come after me for the debt he incurred on the credit cards that postdate our marriage?
A. Yes, they can. When husband and wife use a credit card, it is for the benefit of the community and therefore any debt incurred is considered community debt. If the husband is unable to pay, then it is perfectly legal for creditors to pursue collection against the spouse. If you are working, they can obtain a judgment against you and slap you with a wage garnishment. Of course, they can only take a small percentage of your salary, but nevertheless it hurts when you have to give up to 25% of your salary to pay your husband’s debts.
Wednesday, December 31, 2008
Legal Eaze #2 Caretakers/Security Deposit
Originally Printed: July 7, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My husband and I are grandparents to a wonderful your boy, age 5. Unfortunately my son, the boy’s father, is in prison and the boy’s mother is a drug addict, in and out of detoxification clinics. We have been the sole caretakers of our grandson for the last two years and we need make this arrangement “official”. What is the best way to proceed?
A. You need to file an Application for “Guardianship” with the Superior Court (of his person and his estate, if any). The court needs to sanction your becoming the child’s guardians in order to allow you to make vital decisions about the child’s welfare. An investigation will be ordered and conducted by a professional appointed by the court to ensure the child is in good hands. Once the investigation is finalized and a report provided to the court, and you have satisfied the court’s need to ensure the child’s safety and best interest, you will become the child’s guardians, and you will step “into the shoes” of his parents.
Q. When I rented the house I lived in for the past eight years, I gave a $500 security deposit to the landlord. I got married last month and I moved out of the house. The landlord refused to return my deposit. What should I do in order to get that money back?
A. A security deposit is a landlord’s best guarantee against risks of rent non-payment and damages to the premises. Unless you failed to pay your rent, and/or caused damage to the house, a security deposit must be refunded. The landlord is also entitled to deduct from the deposit any cleaning costs upon termination of your tenancy. Within three weeks of the tenancy termination, the landlord must do the following: 1) Provide you with a written security deposit accounting, i.e. account for all expenses deducted from the deposit, and 2) Refund the balance. If the landlord has not provided you with an accounting within three weeks of the date you moved out, he/she must return the entire security deposit. I suggest you sue the landlord for the return of your deposit in Small Claims Court, which is the least expensive way to proceed. You can add the suit cost to your damages.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My husband and I are grandparents to a wonderful your boy, age 5. Unfortunately my son, the boy’s father, is in prison and the boy’s mother is a drug addict, in and out of detoxification clinics. We have been the sole caretakers of our grandson for the last two years and we need make this arrangement “official”. What is the best way to proceed?
A. You need to file an Application for “Guardianship” with the Superior Court (of his person and his estate, if any). The court needs to sanction your becoming the child’s guardians in order to allow you to make vital decisions about the child’s welfare. An investigation will be ordered and conducted by a professional appointed by the court to ensure the child is in good hands. Once the investigation is finalized and a report provided to the court, and you have satisfied the court’s need to ensure the child’s safety and best interest, you will become the child’s guardians, and you will step “into the shoes” of his parents.
Q. When I rented the house I lived in for the past eight years, I gave a $500 security deposit to the landlord. I got married last month and I moved out of the house. The landlord refused to return my deposit. What should I do in order to get that money back?
A. A security deposit is a landlord’s best guarantee against risks of rent non-payment and damages to the premises. Unless you failed to pay your rent, and/or caused damage to the house, a security deposit must be refunded. The landlord is also entitled to deduct from the deposit any cleaning costs upon termination of your tenancy. Within three weeks of the tenancy termination, the landlord must do the following: 1) Provide you with a written security deposit accounting, i.e. account for all expenses deducted from the deposit, and 2) Refund the balance. If the landlord has not provided you with an accounting within three weeks of the date you moved out, he/she must return the entire security deposit. I suggest you sue the landlord for the return of your deposit in Small Claims Court, which is the least expensive way to proceed. You can add the suit cost to your damages.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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