2014年03月

Question

My father recently passed away suddenly and without any legal will, assets or life insurance. My mother has lung cancer and has dementia. She was left with little other than his SocSec income.

I am caring for her now.

My dad financed all of my mother's recent medical expenses on credit cards. 4 of the 5 credit card accounts are in his name only. Is my mother responsible for his debt?



Answer

Unless your mother was contractually obligated, she is not responsible for your father's debts.





Question

If you had purchase something at it stated that you have before midnight on the 3rd business night for you to cancel your purchase. What do that exactly mean. For example, if I purchase a package on Sunday, they allow me 3 business day do my cancellation by mail or telegram only. Now it is the 2nd business day, and you have it post marked for the 2nd day, FEDEX the letter out so that it will get to the company before midnight the on the 3rd day. Than come to find out that the address was given for the letter of cancellation was a PO Box. Does my cancellation of the purchase still counts for the 2nd business day because it was posted marked?



Answer

You have to look at the exact terms of the contract to see what it says. It probably is vague. The law is that in a contact, whoever prepares the language is responsible for anything that is not really clear. If there is a reasonable interpretation that favors the person who did not draw up that part of the contract, it is read to favor that person [so punishes the person who did not use clear language]. A reasonable interpretation would be that the notice must be postmarked by the third business night; it s not your fault they selected a post office box. If it was your responsibility to make sure some human at the plant physically got the rejection by the third business night, they had to tel you that in clear terms.



Answer

The attorney is right on point here. Consult with an attorney in your area for specifics.



Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise


Franchise Attorney





Question

Hey, last year I purchased a car with around 134000 miles on it. I signed the buyers order stating that this was the actual mileage. Now a year later I go to trade the car in and the dealer tells me the carfax says it's a "branded title" and that the odometer is wrong which makes my car worth 3000 less. Is there anything I can do?



Answer

Yes, you may have a claim for fraud as well as remedies under the Virginia


Consumer Protection Act (Va. Code Sec. 59.1-196 et seq), depending


upon whom you purchased the vehicle from.



I would therefore advise that you arrange for a consultation with a Virginia attorney who handles consumer affairs type issues for further advice.on this particular matter.





What is F8Cf-12B577-AA?

This is the part number for a 1998 Ford Escort ZX2 CCRM (constant control relay module).



Question

Mom in CA. Dad in NV. Mom has 60/40 custody of 14 yr old with dad paying monthly child support. Also involved is a 19 yr old college student. Student is loving with mom and mom claims all kids as dependents. 19 yr old needed to file applications for 3rd yr of college grants and loans. Mom refused to fill out income and child support portions of the application. Student was denied financial aid due to mom's incomplete info. Mom knew this and still refused to disclose info. Dad is now stuck paying tuition, room/board, parking and books....all of which would have been covered by grants and loans. Does dad have any recourse?



Answer

A 19 year old is not entitled to child support laws. Unless your marital settlement agreement outlines that you would provide support to the child beyond 18 years of age, then the financial support of the child's college is dependent on the parents individually. There is no law requiring college support of a 19 year child.



For self represented individuals you can consult with the family law facilitator self help center at your local court house.



As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.



Law Offices James Chau


1625 The Alameda Suite 204


San Jose, CA. 95126


http://www.jameschaulaw.com/


http://sanjosefamilylawyer.blogspot.com/





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