Questions Answered by Kimberly K. Schreiber - Justia Legal Answers

• 29 January 2013Q: How can I get my share of money from probate case when sister and brother cannot agree on some checks written?
  A: The executor will have to provide an accounting to the court before the estate can be closed. Any money that was taken for purposes not relating to the estate will have to be re-paid. Most courts will require the executor to be bonded to prevent such fraud or theft from the estate.
• 29 January 2013Q: If my late husband had a vehicle stored at a friend's then passed away, can the friend claim it?
  A: File a police report and see if they can locate the car. I assume you have the title and your letters testamentary will enable you to get it into your name only. He may try to make a claim against the estate for storage fees.
• 29 January 2013Q: My ex is not paying alimony on time and is not current.
  A: Contact your local legal aid society for help with a pro bono or reduced fee lawyer. It sounds like the judge is already familiar with your case, so you may be able to continue to represent yourself at the next contempt hearing. It's obvious that he is behind and the judge can order wage garnishments and even jail time to encourage him to pay the alimony he owes.
• 29 January 2013Q: How much is bond for dui first offense
  A: It varies. For a first time offender with no criminal history it could be zero. It is likely to be lower for people with significant community ties and based on the seriousness of the DUI (rate of speed, involved in an accident, or high blood alcohol level). If it is set too high, you can go to a Bail Bondsman. The fee for this service is typically 10% of the amount of your bond. They may also need collateral, like the title to a car or a co-signer.
• 29 January 2013Q: Is an attorney necessary for voluntary termination of parental rights in Tennessee?
  A: If you are giving up all rights, the opposing attorney has likely drafted all the documents and you don't need an attorney. If someone is giving you the child you definitely need an attorney with experience in that area of the law. Mistakes on those documents could cause them to be void and result in the parent coming back for rights in the future.
• 29 January 2013Q: How can i take possession of a abandon vehicle?
  A: Did you abandon the vehicle and now you want it back or are you trying to get a vehicle left on your property? If you abandoned the vehicle you will have to pay the towing and storage fees to get it back. It might have been sold to recover those costs, in which case you are entitled to any proceeds in excess of those fees.
• 29 January 2013Q: Why did defendants lawyer in car accident ask me for my SS#
  A: This is a routine part of the discovery process. Both sides are entitled to ask many questions in preparation for trial.
• 29 January 2013Q: I was in an accident and not at fault. When I called my insurance I found out it had lapsed. Am I liable to the driver
  A: If you were not at fault, you should not have to pay for anything. You should be able to collect on the damage to your car from the at-fault driver. You might have to pay for your own car if the other driver was uninsured or underinsured. The police may charge you for failing to have insurance, but that is a separate matter and easily remedied by getting insurance and providing proof to the court and possibly paying a fine.
• 29 January 2013Q: How can i get a pro-bono or income based divorce lawyer?
  A: Contact the Legal Aid society in your county. They often have local lawyers that sign up to take pro bono cases and some staff attorneys. You will need to fill out an affidavit of indigency and prove that you have little or no income. If your spouse has money, some lawyers will take a reduced fee up front and ask the court to order the spouse to pay the legal fees.