Ask A Lawyer

Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain rights, irrespective of what the divorce papers may say.  Any borrower or prospective seller will not know what happened in the divorce action.  They will only know what is recorded on the property records.  You must have her sign a deed.... Read More

If you’re a U.S. citizen and your immigrant girlfriend entered the United States with permission, you can sponsor her for a green card after you get married. You’ll still need to file an Affidavit of Support, even if your income is below the required level. Because your income doesn’t meet the USCIS poverty guidelines, you’ll need to add a joint financial sponsor who does meet the minimum income requirement.     ... Read More

As my colleague pointed out, you may have two cases. The first is against your employer for workers comp. The second case may be against the property owner where you fell if your injuries were caused by that property owners negligence. Reach out to a personal injury attorney to evaluate both claims. If you need help finding one, reach out to one of us on this platform. One of us would be glad to help.  ... Read More

Dear Linda, Your son may have a 3rd party liability claim for personal injury in addition to a possible workers' compensation claim. Both claims may be investigated simultaneously. You should consult a personal injury attorney sooner rather than later to avoid any potential statute of limitation problems. Choose an experienced professional for guidance and advice before going further. We all give free consultations and if we take the case, it would be on a contingent fee basis. However, you will have to reach out, as attorneys are unable to directly solicit. Even if it is determined that your son does not have a viable personal injury claim, you should speak to a workers' compensation attorneyon his behalf  asap to avoid any reporting problems as well as a retaliatory discharge claim for yourself. Loren L. Gold, Esq.... Read More

The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to present the autopsy findings to the grand jury, and the county attorney or Commonwealth Attorney can petition a court to order an autopsy pursuant to KRS § 72.445. The court will grant such a petition if there are reasonable grounds to believe that a person died as a result of a criminal act, so that is generally regarded as the appropriate office to contact to do so. ... Read More

You can usually order a birth certificate online - just make sure you are going to the actual government's vital records website, not some website that will do it for you and charge you. It does have a cost, but less if you go straight to the vital records department's website in your county.  ... Read More

It’s extremely difficult to find an attorney who will pursue a case against an at‑fault party when there’s no insurance coverage. Most lawyers won’t take a contingency case unless there’s insurance money to recover, and even smaller solo firms may hesitate. Also remember that when an insurance company pays policy limits, they always require a release, and that release covers both the insurer and their insured. Before taking any further legal action, you should carefully review the release the insurance company is asking you to sign.... Read More

You may have a claim. However some arenas have the customer sign a waiver and assumption of risk contract when you patronize their business. Courts have held these contracts enforceable depending on the language. Reach out to an attorney to explore the facts and language of the contract. ... Read More

Hi Crystal: Were you recently injured in an accident? If yes, I would recommend that you consult with car accident lawyer that is licensed in your state ASAP. Explain to the attorney the facts of the accident and any injuries sustained, and find out if that lawyer can assist you in moving forward with an injury claim. Even if that lawyer cannot take the case, he or she will hopefully point you in the right direction given your circumstances. I wish you the best of luck in pursuing this matter. Disclaimer: This response is for informational purposes only and does not create an attorney-client relationship. ... Read More

If you haven't worked 5 of the past 10 years, then you still may be eligible for SSI disability, also administered by SSA.  You would have to have very limited income and assets.  You should call the local SSA office to set up an appointment to file or consult with an attorney.  SSA will request your medical records, so you don't necessarily need to have the letter you are referring to.... Read More

It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after marriage. In order to determine what income is required to support a foreign national, you need to look at the poverty income guidelines for Uscis by doing a Google search.... Read More

I am sorry for your loss. Situations involving access to a deceased person’s phone or digital accounts have become increasingly common in probate matters, and I have assisted families dealing with similar issues involving Apple devices and locked digital accounts. Under Florida law, once a person passes away, their assets including digital assets such as phones, online accounts, and stored data become part of their estate. Companies like Apple typically require proof that the person requesting access has legal authority to act for the estate. A death certificate alone often is not enough because it does not establish who is legally authorized to manage the deceased person’s property. In many cases I have handled, Apple requires documentation showing that someone has been legally authorized by the probate court. This usually means either Letters of Administration from a formal probate case or a court order from a summary administration confirming who the beneficiaries or authorized persons are. Whether you should file Summary Administration or Formal Administration depends mostly on the value of the probate estate. In Florida, Summary Administration may be available if the probate assets are $75,000 or less, or if the person has been deceased for more than two years. Summary administration is a simplified probate process and often used when there are few assets or when heirs simply need a court order confirming their rights. However, some companies specifically require Letters of Administration, which are issued only in a formal administration where a personal representative is appointed. I have seen situations where families file a small probate case primarily to obtain this legal authority so institutions will cooperate. It is also important to understand that Apple’s internal policies sometimes create an additional challenge. Even with a court order, Apple may only remove the activation lock and could require wiping the device before restoring access. I have seen this happen with clients who already had the phone passcode but were locked out due to Apple ID security restrictions. Florida probate exists specifically to determine who has authority to manage a deceased person’s property and assets. Jurado & Associates explains that probate is the legal process used to identify heirs and authorize someone to act on behalf of the estate:https://juradolawfirm.com/probate-in-florida/ You can also learn more about how the Florida probate process works here:https://yourfloridaprobatelawyer.com/florida-probate-process/ A probate attorney can review the estate assets and determine whether a summary administration will satisfy Apple’s requirements or whether a short formal administration would be the better path to obtain the authority they are requesting.... Read More

Under Florida law, a power of attorney can allow you to manage financial matters and even transfer certain assets, but the key issue is whether the document specifically authorizes you to engage in estate planning transactions, such as transferring property into a trust. When someone has advanced dementia and cannot make decisions, the agent under a durable financial power of attorney must act strictly within the authority granted in the document and always in the best interest of the principal. In many situations I have handled for caregivers of spouses with dementia, the power of attorney document includes specific language that allows the agent to create or fund trusts on behalf of the incapacitated spouse. If your financial power of attorney includes that authority, it may allow you to transfer an asset that your spouse owns jointly with you into a trust. However, if the document does not specifically authorize creating or funding trusts, Florida law may limit your ability to do so without court approval. Another factor is the type of ownership. If the asset is jointly owned, such as a joint bank account or property with rights of survivorship, the transfer rules can vary. Sometimes the asset may already pass automatically to the surviving spouse upon death, which may make transferring it unnecessary. Estate planning strategies involving trusts are often used to simplify asset management and avoid probate, but they must be handled carefully when one spouse is incapacitated. I have worked with many families caring for a spouse with dementia who want to reorganize assets into a trust for long term planning, Medicaid planning, or probate avoidance. The first step is always reviewing the power of attorney document to confirm whether it allows gifting, trust creation, or asset transfers. Without that authority, a court supervised guardianship or approval may sometimes be required. Jurado & Associates explains that powers of attorney are powerful planning tools, but the authority they provide depends entirely on the language written in the document:https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ Trust planning is often used to protect assets and simplify management when a family member becomes incapacitated, particularly in situations involving long term illness or dementia:https://juradolawfirm.com/living-trusts-florida/ Given the complexity of dementia related incapacity and asset transfers, an attorney would typically review the power of attorney and the ownership of the specific asset before advising whether the transfer into a trust can be done legally.... Read More

Under Florida law, a power of attorney allows someone (called the agent) to handle financial and legal matters for another person (the principal). However, that authority comes with strict responsibilities. The agent must act in good faith and only for the benefit of the principal. They cannot use the principal’s money or property for their own benefit unless the document specifically allows it. Jurado & Associates explains that a power of attorney is a powerful legal document that gives another person authority to act on your behalf in financial matters, which is why it must be used responsibly and monitored carefully: https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ If your mother still has power of attorney over you, the first step is to revoke it. In Florida, a principal can cancel a power of attorney at any time as long as they are mentally competent. This is done by signing a written Revocation of Power of Attorney and providing copies to any banks or institutions that may have relied on the original document. Estate planning guidance from Jurado & Associates notes that powers of attorney are commonly used when someone cannot manage their own affairs, but they should always be revoked once they are no longer necessary: https://juradolawfirm.com/estate-planning/ The second issue is finding out what happened to your finances. An agent under a power of attorney is considered a fiduciary, meaning they must keep records and act in your best interest. In cases I have handled, courts can require the agent to provide a full accounting of how they handled the principal’s money. This means they may have to show bank statements, transfers, property records, or other financial documents. If funds were taken for personal use without authorization, it could be considered breach of fiduciary duty or financial exploitation. Florida law allows courts to investigate and potentially require repayment if an agent misused their authority. More information about protecting assets and preventing financial exploitation can be found here: https://juradolawfirm.com/estate-planning-protect-you-against-elder-exploitation-in-florida/ To determine what happened in your situation, an attorney would usually review the original power of attorney document and obtain financial records from the time your mother was managing your finances. Once those records are reviewed, it becomes possible to determine whether the money was handled properly or whether legal action may be necessary.... Read More

If you are still owed any of your retroactive benefits from the time you were approved, they should be able to see that as a pending underpayment. The local SSA office is the best source for resolving your issue.  First, I would find your SSI Notice of Award and compare it to all the deposits you received that made up your back pay.  It sounds like you had a lawyer, so they would have received 25% of the back pay.  There would be no reason for them to "cheat you out of it".... Read More