Messages

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Soc,

I'm starting to think about my Will. I have joint legal and sole physical custody in AL.  I plan to leave all to my DH with the understanding (or written directions) he will hold assets in trust for DD until she graduates from college (she's 10). Or if DH dies, a financial custodian would hold the assets until she graduates from college.  Relatively speaking, it's not that much (rental property, stock, and life insurance).

My goal is to incentivize DD to complete college because her dad does not and would not support college goals.  I, alone, already bought the pre-paid college plan to make it easy.  I know it's her call, but.... there's a carrot waiting at the end.

1.  Is my estate legally responsible for child support to DD's Dad until she reaches the age of majority or can I just leave it to the judgement of DH or the financial custodian?  

Thanks

LizaLou

I'm in Alabama trying to buy an 1954 chevy from my Dad and Aunt (jointly inherited from grandfather/Aunt is executor).  There is no title due to age of the chevy.  Everyone is cool with my purchase.  

When they inherited the auto is was in fine working order.  Now it is nothing but a shell, rusted out, motor gone, transmission gone, seats, steering column all gone).  While the condition is heartbreaking, it's not the issue.  The issue is getting the bill of sale worded correctly. Also, I don't want to get stuck paying back taxes as it's been "off the road" since 1988.  

1.  Is it still an "auto" considering it's condition?  

2.  With the motor gone, can I put mileage unknown?

3.  How can I protect myself from back taxes?

Thanks a million.

LizaLou

I was just reading the article in the archives that said don't let CPS or police in your home without a warrant and a question came to mind.

1.  Assuming they do have a warrant, can I video or take pictures of them during the search without their permission?

Thanks

LizaLou

Soc always has the best advice, so listen to him.  But, I wanted to share our experiences...

DH had similar problems until he took the position that he was not financially responsible for debts made by his ex. He is responsible for paying 1/2 TO the ex - not directly to the doctor.  She selects the doctor and she takes the kids in alone  (we live in a different state). Therefore, she is responsible party directly to the Doctor.  She used to tell the Doctor to send the billings directly to DH because she wanted him to pay all up front.  He never did  he'd only pay 1/2 and they stopped after he provided the divorce papers and a letter referencing Fair Debt Collections Practices Act.

I agree with the doctor that he should not be responsible for the 50/50 payment issues.  Below is part of the letter DH sent to the doctors.  They quickly saw the light and stopped billing him directly.  Or it could be the EX was so embarrased she accepted their billings. Needless to say she was furious that her crap was opened to view of a third party.

"I am not responsible for debts or obligations incurred by EX.  This is not a refusal to pay, but a notice that your claim is disputed.  Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the contractual obligation, which you suggest is binding on me to pay this debt. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit."  

Now DH doesn't pay his ex's demands unless and until he get the doctor's billing records FROM the ex that shows insurance payments AND the insurance company's explanation of benefits that shows what they paid.  It's important that you get the doctor's statement AFTER insurance pays because they often write-off a portion of the remaining balance.  We usually call the doctors for a 2nd copy just to compare with what the EX sent.  

Currently the ex has no sent billings in almost 2 years and we know there have been medical issues.  She loves to tell people and the kids dad doesn't pay.  We send her a letter every couple of months asking for documentation. But, no documentation - no money.   Our attorney is cool with this approach.  It would make his day if she'd sue us over this issue.

LizaLou

I was just reading the article in the archives that said don't let CPS or police in your home without a warrant and a question came to mind.

1.  Assuming they do have a warrant, can I video or take pictures of them during the search without their permission?

Thanks

LizaLou

Soc always has the best advice, so listen to him.  But, I wanted to share our experiences...

DH had similar problems until he took the position that he was not financially responsible for debts made by his ex. He is responsible for paying 1/2 TO the ex - not directly to the doctor.  She selects the doctor and she takes the kids in alone  (we live in a different state). Therefore, she is responsible party directly to the Doctor.  She used to tell the Doctor to send the billings directly to DH because she wanted him to pay all up front.  He never did  he'd only pay 1/2 and they stopped after he provided the divorce papers and a letter referencing Fair Debt Collections Practices Act.

I agree with the doctor that he should not be responsible for the 50/50 payment issues.  Below is part of the letter DH sent to the doctors.  They quickly saw the light and stopped billing him directly.  Or it could be the EX was so embarrased she accepted their billings. Needless to say she was furious that her crap was opened to view of a third party.

"I am not responsible for debts or obligations incurred by EX.  This is not a refusal to pay, but a notice that your claim is disputed.  Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the contractual obligation, which you suggest is binding on me to pay this debt. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit."  

Now DH doesn't pay his ex's demands unless and until he get the doctor's billing records FROM the ex that shows insurance payments AND the insurance company's explanation of benefits that shows what they paid.  It's important that you get the doctor's statement AFTER insurance pays because they often write-off a portion of the remaining balance.  We usually call the doctors for a 2nd copy just to compare with what the EX sent.  

Currently the ex has no sent billings in almost 2 years and we know there have been medical issues.  She loves to tell people and the kids dad doesn't pay.  We send her a letter every couple of months asking for documentation. But, no documentation - no money.   Our attorney is cool with this approach.  It would make his day if she'd sue us over this issue.

LizaLou

Thanks for the info about record owership.  Knowing that brings a better understanding of thier position.   Also, I'm a bit more rational today.  I caught off guard by the entire situation.  Believe me the word cancer and weeks of delay don't go together.  

I guess I was also naive because I expected thier coopertion when I used the big "C" word.  I couldn't understand why they refused to give me a copy after they just read it to me over phone.  Some days I'm more dense than others.

Thanks again.  I'm now returning to my state of denial.

LizaLou




 
 

Dear Soc,

A couple of years ago I had a biopsy done.  I NOW really need the pathology report from his files. I called his office and was told I could not have it unless the Doctor approved it's release.

1.  Is this not my record?  Why do I need his permission for my record?

2.  Are they blowing smoke, or can he deny me the pathology report?

3.  They said it would be a couple of weeks before I'd get an answer.  I don't have a couple of weeks.  Why are they making this so hard?

Thanks in advance.

LizaLou

Dear Soc,

A couple of years ago I had a biopsy done.  I NOW really need the pathology report from his files. I called his office and was told I could not have it unless the Doctor approved it's release.

1.  Is this not my record?  Why do I need his permission for my record?

2.  Are they blowing smoke, or can he deny me the pathology report?

3.  They said it would be a couple of weeks before I'd get an answer.  I don't have a couple of weeks.  Why are they making this so hard?

Thanks in advance.

LizaLou