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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Get legal advice from a local lawyer. Ask a question or browse recently answered questions.
Pursuant to California law, generally an attorney controls procedural matters, while needing client authorization to compromise claims, waive appeal rights, dispose of property interests, or surrender substantial legal rights.  Such unauthorized actions may be invalid and may result in civil liability.  This means that a client harmed by former counsel’s unauthorized actions may pursue a negligence-based claim for legal malpractice, and, depending on all facts and circumstances, said negligence-based claim may overlap with a claim for breach of fiduciary duty, fraudulent concealment, or conversion.  Relevant factors include authority, breach, causation, and actual damages.  Although it would appear there are multiple factors at play in your situation, as with any claim, determining the best cause of action/causes of action to protect your legal rights, recover your property, and to pursue a claim for damages will depend on all facts and circumstances.... Read Answer
Pursuant to California law, generally an attorney controls procedural matters, while needing client authorization to compromise claims, waive appeal... Read Answer
If this happened on her employers property and it occurred during her work hours, it would most likely be covered by Worker's Compensation. If the property that she injured herself on was owned or managed by a third-party and through the negligence of that third party then she would have a third-party claim. This would be in addition to the workers comp Claim. Discuss this with an attorney in your jurisdiction for specific advice.... Read Answer
If this happened on her employers property and it occurred during her work hours, it would most likely be covered by Worker's Compensation. If the... Read Answer
This sounds like your ex is stalking you for no legitimate purpose.  Seek an Order of Protection from the Family Court.
This sounds like your ex is stalking you for no legitimate purpose.  Seek an Order of Protection from the Family Court.
Good morning,   You should file a petition for full residential and legal custody.  It will protect your rights and will set you up in order to get child support as well.  Since he is not seeking visitation at this time, you do not need to do anything.  However, do not provide any visitation without an order from the Family Court.... Read Answer
Good morning,   You should file a petition for full residential and legal custody.  It will protect your rights and will set you up in... Read Answer
I’m really sorry you’re dealing with this. It appears that you have suffered extremely serious injuries, and I hope you're recovering as well as possible. First of all, there's no automatic liability for a person who is injured on the residential or business premises of another party. You have to prove that you were injured as a result of the negligent act or omissions to act by the property owner. Additionally, homeowners insurance can cover injuries like yours, but it depends on whether you were considered a guest helping out or whether the insurer tries to classify it as a business/commercial activity because you were being paid. That distinction matters because typically, homeowners insurance policies have exclusions for commercial or business activities conducted on a residential property. So the first thing is what did or did not the property owner do to cause this accident that you were involved in. Secondly, how were you being paid or compensated for your services. This platform, prohibits attorneys from soliciting your case or helping you find counsel in your local area, but you're welcome to reach out to one of us privately to discuss. ... Read Answer
I’m really sorry you’re dealing with this. It appears that you have suffered extremely serious injuries, and I hope you're recovering as... Read Answer
You should retain the services of an immigration lawyer to represent you. We are not allowed to solicit your case, but you can research our backgrounds and reach out to one of us privately. 
You should retain the services of an immigration lawyer to represent you. We are not allowed to solicit your case, but you can research our... Read Answer
It's not a simple, definitive answer.  But If it prevents you from working full time, you should file a claim. Contact an attorney that specializes in Social Security Disability.  
It's not a simple, definitive answer.  But If it prevents you from working full time, you should file a claim. Contact an attorney that... Read Answer
A US citizen child over the age of 21 can sponsor their parent for a green card. Recent policy changes in the law make it  more difficult to file an adjustment of status if the parent is in the United States. However, if she is outside the United States then she can process at the US consulate in her home country. You should retain an immigration attorney to handle the case from start to finish. Some of us charged and affordable flat fee for this representation.     ... Read Answer
A US citizen child over the age of 21 can sponsor their parent for a green card. Recent policy changes in the law make it  more difficult to... Read Answer

Green Card

Answered 10 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Ageโ€‘discrepant marriages are subject to strict scrutiny for obvious reasons, and USCIS will examine the bona fides of the relationship closely. The best way to maximize the chances of approval is to retain an experienced immigration attorney to manage the case from start to finish. You should also be aware of the USCIS directive issued last week, which represents a significant shift in agency policy. Under this new guidance, marriageโ€‘based adjustment of status will be approved only in extraordinary circumstances. You should consult directly with an immigration attorney to understand precisely how this policy change may affect your case.... Read Answer
Ageโ€‘discrepant marriages are subject to strict scrutiny for obvious reasons, and USCIS will examine the bona fides of the relationship closely. The... Read Answer

Inactive case status

Answered 10 days ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Law
The problem here is that you got kicked out of the ARD program and then did not attend any further court hearings which would've been required to bring your case to a disposition so the Judge issued a bench warrant for your arrest. The only way to lift this bench warrant is to bring yourself before the court, and I would definitely recommend doing this with Attorney to set this up for you, to get the warrant lifted. You'll need to deal with not only having the warrant lifted, but also with the underlying case as well. As soon as you bring yourself before the court on the warrant, your case will essentially restart so you'll have to be hiring an attorney to represent you on the underlying case as well. You did not indicate which county in Pennsylvania this was in, but I'd be happy to talk to you further if you need assistance with this. ... Read Answer
The problem here is that you got kicked out of the ARD program and then did not attend any further court hearings which would've been required to... Read Answer
When real property is acquired by two or more persons and the instrument of conveyance does not specify the nature of the ownership, the law presumes a tenancy in common rather than a joint tenancy.  Nobody'e name gets removed from a deed.  Rather, a sale will have to be by a new deed and will have to show all owners are selling all interest each of you have in the property.  Your deceased brother's interest will likely have to be sold by his estate administrator (or executor, if he has a will).  If he had a will, his share passes according to the will.  Without a will, his wife (if married) and/or children/descendants will own his share by intestate succession. A deceased tenant in common's undivided interest is an asset of his probate estate. While title to real property does pass to heirs at the moment of death by operation of law, that passage of title is subject to the decedent's debts, the rights of creditors, and the authority of a personal representative appointed through probate. Without probate, there is no legally recognized way to identify and confirm who the heirs are, satisfy or bar creditor claims, or clear title so that the heirs can sell the property  ... Read Answer
When real property is acquired by two or more persons and the instrument of conveyance does not specify the nature of the ownership, the law presumes... Read Answer

Petition a pension

Answered 11 days ago by attorney Mr. Walter E. Grantham III   |   1 Answer
I am not understanding what the question is.  Please revise to add some more information and you will have a better chance of getting a worthwhile response.  As it is written now, I can only be sure that your father has died and was divorced.  The rest of it doesn't make sense.  Is the issue a pension?  Was ex named as beneficiary when he died?  What kind of petition are you referring to? ... Read Answer
I am not understanding what the question is.  Please revise to add some more information and you will have a better chance of getting a... Read Answer

Worth a suit?

Answered 12 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
The case would be worth pursuing if your son could prove that the accident was the fault of IKEA. 
The case would be worth pursuing if your son could prove that the accident was the fault of IKEA. 

2*2 passport size pictures in i130 petition

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I do not see that you would have a problem on the photo. On the marriage license, I assume that you are really referring to the marriage certificate or that the marriage certificate is one that also has the marriage license on it. When you say that the front side has the date of the marriage license, please note that USCIS must be able to ascertain the actual date of your marriage from the document. Assuming that that date is on the backside and that there is nothing else on the front side, you would not have to give USCIS a page with no relevant information on it. If USCIS has doubts concerning the marriage paper, it can request the original document in a Request for Evidence (RFE). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
I do not see that you would have a problem on the photo. On the marriage license, I assume that you are really referring to the marriage certificate... Read Answer
Please note that the Trump administration has just come out with a policy memo on May 22, 2026, describing the adjustment of status process as a loophole and that it should only be approved under extraordinary circumstances. It will take time to discern what the effect will be on future filings. Even without the memo, however, we would not normally recommend an adjustment of status process for your wife as she already has a pending I-130 petition with USCIS, which connotes that she has immigrant intent, and her entry under a B visa status may be looked at as a way for her to circumvent consular processing if you move forward with the adjustment application. (I note that the priority date that you mention, 6/4/2026, is inaccurate as we are still in the month of May). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Please note that the Trump administration has just come out with a policy memo on May 22, 2026, describing the adjustment of status process as a... Read Answer

How to transfer h1b

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
USCIS has been known to give difficulty where H1B beneficiaries who were selected in the H1B registration process attempt to transfer to a new employer before October 1. The best scenario would be for you to work for the company that applied for your H1B registration/H1B petition after October 1 and then present paystubs from that employer in support of your transfer petition. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
USCIS has been known to give difficulty where H1B beneficiaries who were selected in the H1B registration process attempt to transfer to a new... Read Answer
Generally speaking, where an individual is not a US citizen by birth, he or she can acquire US citizenship through the Child Citizenship Act which came into effect on February 27, 2001, if the parent is a US citizen; the child was under the age of 18 and a permanent resident; and the child was in the legal and physical custody of the US citizen parent. Another way of attaining US citizenship under the Child Citizenship Act occurs if the parent is a US citizen; the child is under 18; the child is in the legal and physical custody of the US citizen parent outside the US, is in the US temporarily on a lawful admission, and is maintaining status; and the parent or grandparent has been physically in the US for five years at least two of which occurred after the age of 14. You had to have been under the age of 18 on the date of the law came into effect. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer
Generally speaking, where an individual is not a US citizen by birth, he or she can acquire US citizenship through the Child Citizenship Act which... Read Answer

Can I get my phone back

Answered 16 days ago by attorney Ms. Elizabeth Stevenson Meneray   |   1 Answer   |  Legal Topics: Child Custody
You should be able to get the phone you purchased back from the other parent, but I expect the other parent does not agree your child should have a phone during their time with him/her. While that may not be what you want, it may be difficult to get an agreement on this point without taking the dispute to the other party through a judge or mediator.  Often parents hold phones as a punishment, or because they do not agree it is age appropriate for a child to have a phone, or to prevent or limit their access to the internet or social media.  Depending on how your custody judgment reads, one or more of these reasons may be a valid parenting concern that need to be addressed. I would need more facts to be able to understand the real issue underlying this problem, but it should be something that can be worked out.... Read Answer
You should be able to get the phone you purchased back from the other parent, but I expect the other parent does not agree your child should have a... Read Answer
Unfortunately, when a parent decides not to follow a court order, the wronged parent must file a Motion for Contempt in order to get a change, unless both parties have agreed to make a change. Present your case to the judge and ask for your attorney's fees and court costs to be paid and for the judgment to be enforced.  You may also request makeup time, and the summer is a perfect time to make that happen, since the children are out of school.... Read Answer
Unfortunately, when a parent decides not to follow a court order, the wronged parent must file a Motion for Contempt in order to get a change, unless... Read Answer

what happens next

Answered 17 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Criminal Law
He should retain a criminal defense attorney, and if he cannot afford one, one will be appointed for him by the court. He also has the right to remain silent so if he is interrogated, he can invoke his fifth amendment right against self-incrimination. 
He should retain a criminal defense attorney, and if he cannot afford one, one will be appointed for him by the court. He also has the right to... Read Answer

I need representation.

Answered 17 days ago by attorney Loren L. Gold   |   2 Answers   |  Legal Topics: Personal Injury
Dear Tatyana, I am very sorry to hear of the serious injury to your child.  This matter presents some interesting issues for consideration. You should definitely reach out to qualified legal counsel for private consultation and full investigation. You should do so asap so any available evidence can formally requested to be preservered.  We all give free consultations and work on contingency basis. We cannot solicit, so you will have to reach reach out. I hope that your child receives excellent follow up medical care. Loren L. Gold, Esq.... Read Answer
Dear Tatyana, I am very sorry to hear of the serious injury to your child.  This matter presents some interesting issues for consideration. You... Read Answer
Dear Daniel, I am very sorry to hear of your serious injury. You should definitely reach out to qualified legal counsel for private consultation. You should do so asap. We all give free consultations and work on contingency basis regarding liability cases. We will help with Medicaid issues as part of a serious injury liability case. We cannot solicit, so you will have to reach reach out. I hope that you receive excellent follow up medical care.      Loren L. Gold, Esq.... Read Answer
Dear Daniel, I am very sorry to hear of your serious injury. You should definitely reach out to qualified legal counsel for private consultation. You... Read Answer
If your original trust was prepared in accordance with Michigan law there is the possibility that differences between MI and FL trust laws could cause a FL attorney to decline to amend or administer a MI trust although there is a general legal principle called comity which requires the 59 states to honor contracts written in other states.  The FL attorney is lkely being cautious in declining to work on an out-of-state trust.  I have had occasion to amend trusts and wills originaly adopted in states in which i am not licensed because in many cases there is the risk that provisions of those other states' laws may not be the same as the lasws of the states in which I am licensed and are thus more familiar with.  I cannot risk giving a client a false sense of security by letting them assume my review or revisions comport with what the professional in the original state did.  Bottom line:  if you are now Florida residents draft new trusts or your intended results may not be realized after you're gone.... Read Answer
If your original trust was prepared in accordance with Michigan law there is the possibility that differences between MI and FL trust laws could... Read Answer

Can I get social security disability

Answered 18 days ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
It's very possible.  You should call a Social Security disability attorney as soon as possible. 
It's very possible.  You should call a Social Security disability attorney as soon as possible. 

Can I sue a gas station?

Answered 24 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
A business owner has a legal duty to protect customers on its premises from foreseeable criminal attacks. If this was in a high crime or semi high crime area and they did not have adequate security, then you do have a case. It is against the policy of this platform for attorneys to solicit your case. However, you can research our backgrounds and reach out privately to one of us.   ... Read Answer
A business owner has a legal duty to protect customers on its premises from foreseeable criminal attacks. If this was in a high crime or semi high... Read Answer