Title: December 26, 2007
Q. My boyfriend of 7 years and I bought two adjoining properties in Los Angeles County. The house was built on my side. Utilities were installed on my side, but are connected to his side to operate machinery, and provide water and electricity to various out buildings he installed on his side. He died 2 years ago. He left no will. Now his mother wants to take over and take away out buildings, and various items that we purchased together but located on his side. Do I have any rights?
A. If I understand you correctly, your boyfriend died intestate. This means all of his assets will be distributed according to intestate laws. If he has no children, his assets will go to his parents, if they are still alive. If not, next his assets will go to his brothers and sisters and/or aunts and uncles, then grandparents and nieces and nephews. Since you were not married to him, you have no rights to his assets, however if you can prove that you participated in the purchase of the items being taken away by your boyfriend’s mother, such as having receipts in your possession, then you can claim ownership of these items. If you do not have any proof that you participated in the purchase of the items, and they are located on his side, then they belong to his heirs and not you. This is why it is so important to have at least a will drafted so that your assets will be distributed to the people you decide should inherit them rather than the persons the state of California decide should get them.
Q. I represent myself in my own divorce and hired a paralegal to fill out all the paperwork to be filed in court. Come to find out that the paperwork was filled out incorrectly and now my divorce has turned into a nightmare. What do I do now?
A. Hire an attorney to represent you. All is not lost. Legal paperwork can be amended. Paralegals are not attorneys and they cannot practice law. Many are quite knowledgeable and can do wonders with the court paperwork, but not all. Unfortunately, paralegals do not have to answer to the California State Bar and cannot be sued for malpractice. It is true that attorneys charge more for their services, but rightfully so. They do answer to the California State Bar and can be sued for malpractice.
I wish all of my readers to have good cheer, good food and good company for very Happy and Safe Holidays.
Maxine de Villefranche is an attorney and civil general practitioner with 15 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label malpractice. Show all posts
Showing posts with label malpractice. Show all posts
Tuesday, March 24, 2009
Monday, March 2, 2009
Legal Eaze #31 Bankruptcy/ Sue Hospital
Title: September 28, 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 have heard that bankruptcy laws will change pretty soon, making it much more difficult to get rid of credit card debt. When will the new law be applicable and will someone making about $22,000 a year supporting a family of five be able to file for Chapter 7 Bankruptcy?
A. The new law is called “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” and will be implemented starting Oct. 17, 2005. Every “would-be filer” will be required to undergo credit counseling. A certified a completion will need to be filed with the Bankruptcy Court. There will be a “means test” which each individual will have to meet in order to qualify for filing a Chapter 7 bankruptcy. In California, the median income for a one-person family is $42,012, a two-person family $53,506, three-person family $59,633 and four-person family $68,310. Obviously with a yearly income of $22,000 for a family of five will qualify you. It is very likely that many Kern County residents will qualify as the income median in this county is lower than the median of the entire state of California. Nevertheless it may be dangerous to generalize as each case must go through the means test. An investigation needs to be conducted by the attorney willing take on the case with regards to the assets of the debtor to ensure that all such assets have been disclosed.
Q. My 87-year old mother was hospitalized for several days last year after suffering from congestive heart failure. She was injured when she attempted to go to the bathroom unescorted. She fell down and broke her hip. She has never recovered from this grave accident and is still, to this day, in a wheelchair. I want to know if I can sue the hospital for failing to provide sufficient supervision while she was a patient there.
A. This is a loaded question and I will not be able to provide an answer that will satisfy you. The answer is: it depends. Medical malpractice is an area of the law that is fraught with dangers and is very expensive to prosecute. Hence I have stayed away from it. Even if you could prove that the hospital itself or its staff are liable for your mother’s accident, the recovery can be severely limited due to certain quirks of the law. Moreover, damages incurred by an 87-year old are further limited by her failure to have much earning potential as well as many other factors. I really cannot expand on my answer as even I have limits in my legal knowledge of Med-mal.
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 have heard that bankruptcy laws will change pretty soon, making it much more difficult to get rid of credit card debt. When will the new law be applicable and will someone making about $22,000 a year supporting a family of five be able to file for Chapter 7 Bankruptcy?
A. The new law is called “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” and will be implemented starting Oct. 17, 2005. Every “would-be filer” will be required to undergo credit counseling. A certified a completion will need to be filed with the Bankruptcy Court. There will be a “means test” which each individual will have to meet in order to qualify for filing a Chapter 7 bankruptcy. In California, the median income for a one-person family is $42,012, a two-person family $53,506, three-person family $59,633 and four-person family $68,310. Obviously with a yearly income of $22,000 for a family of five will qualify you. It is very likely that many Kern County residents will qualify as the income median in this county is lower than the median of the entire state of California. Nevertheless it may be dangerous to generalize as each case must go through the means test. An investigation needs to be conducted by the attorney willing take on the case with regards to the assets of the debtor to ensure that all such assets have been disclosed.
Q. My 87-year old mother was hospitalized for several days last year after suffering from congestive heart failure. She was injured when she attempted to go to the bathroom unescorted. She fell down and broke her hip. She has never recovered from this grave accident and is still, to this day, in a wheelchair. I want to know if I can sue the hospital for failing to provide sufficient supervision while she was a patient there.
A. This is a loaded question and I will not be able to provide an answer that will satisfy you. The answer is: it depends. Medical malpractice is an area of the law that is fraught with dangers and is very expensive to prosecute. Hence I have stayed away from it. Even if you could prove that the hospital itself or its staff are liable for your mother’s accident, the recovery can be severely limited due to certain quirks of the law. Moreover, damages incurred by an 87-year old are further limited by her failure to have much earning potential as well as many other factors. I really cannot expand on my answer as even I have limits in my legal knowledge of Med-mal.
Saturday, January 3, 2009
Legal Eaze #10 Mother Abuse / Dicorce House Title
Title: November 24, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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.
Q. My wife beat my 13-year-old son with a fire poker made of heavy metal. When I got home from work, he was bleeding heavily from a wound on his right arm, through which I could see a bone. He was shying away from her, hiding underneath hung clothes in a closet. She left the house and ran to her sister who lives in another county. Besides taking him to the hospital, what can I do to stop this madness?
A. Call the police. This is a criminal matter. When a mother starts beating up her child with a metal rod and injures the child, it is time to put “mom” in jail. She might need psychiatric care and/or psychological therapy. Once she comes out of jail, you may need to obtain a temporary restraining order against her and get her out of the house and away from your son. It does not matter what your son did to anger her to that point, she does not have the right to “discipline” him in such a harsh manner. In fact, it is a crime now to even spank a child. Parents need to find another way to instill respect and obedience in their children besides “beating” them up.
Q. I obtained a divorce about five years ago and the residence I have been living in was awarded to me as my sold and separate property in the divorce decree. I am now trying to refinance the house and I just discovered that the tile of the house is still held jointly with my ex-husband. I have no idea how that could have happened, and I don’t know where my ex-husband now resides. What can I do?
A. If you were represented by an attorney, he committed malpractice. If you represented yourself, such omissions are the reason why you should have hired an attorney to represent you. You need to file an Order to Show Cause with the same court that signed the divorce decree. If you cannot find your ex-husband, the court clerk will have to sign the Quitclaim Deed for him. But you need to prepare and file a declaration telling the court what the problem is and why you need the court clerk to sign the deed. If your declaration is believed by the judge, you will get the Order you need, instructing the court clerk to sign your Quitclaim Deed, which you can then have recorded with the county recorder.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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.
Q. My wife beat my 13-year-old son with a fire poker made of heavy metal. When I got home from work, he was bleeding heavily from a wound on his right arm, through which I could see a bone. He was shying away from her, hiding underneath hung clothes in a closet. She left the house and ran to her sister who lives in another county. Besides taking him to the hospital, what can I do to stop this madness?
A. Call the police. This is a criminal matter. When a mother starts beating up her child with a metal rod and injures the child, it is time to put “mom” in jail. She might need psychiatric care and/or psychological therapy. Once she comes out of jail, you may need to obtain a temporary restraining order against her and get her out of the house and away from your son. It does not matter what your son did to anger her to that point, she does not have the right to “discipline” him in such a harsh manner. In fact, it is a crime now to even spank a child. Parents need to find another way to instill respect and obedience in their children besides “beating” them up.
Q. I obtained a divorce about five years ago and the residence I have been living in was awarded to me as my sold and separate property in the divorce decree. I am now trying to refinance the house and I just discovered that the tile of the house is still held jointly with my ex-husband. I have no idea how that could have happened, and I don’t know where my ex-husband now resides. What can I do?
A. If you were represented by an attorney, he committed malpractice. If you represented yourself, such omissions are the reason why you should have hired an attorney to represent you. You need to file an Order to Show Cause with the same court that signed the divorce decree. If you cannot find your ex-husband, the court clerk will have to sign the Quitclaim Deed for him. But you need to prepare and file a declaration telling the court what the problem is and why you need the court clerk to sign the deed. If your declaration is believed by the judge, you will get the Order you need, instructing the court clerk to sign your Quitclaim Deed, which you can then have recorded with the county recorder.
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