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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 10 of lawyers' answers to legal questions.

Is it too late to file a case

Answered 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If the accident happened this month, it is not too late to file a claim. Retain an accident attorney in your state for representation. If the claim is against a governmental entity, you face shorter time periods to file, so take immediate steps to retain counsel. 
If the accident happened this month, it is not too late to file a claim. Retain an accident attorney in your state for representation. If the claim... Read Answer

How much will a probate lawyer cost?

Answered 6 months ago by attorney Stephen Arnold Black   |   1 Answer
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get paid at the end of the case out of estate assets. 
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get... Read Answer

How are marital assets divided in the state of Florida

Answered 6 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Family Law
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites are equally divided.  That said, since the property in question is owned jointly, but in another state, a Florida court could not  order that it be sold and divided Now you don't say you are planning to divorce.  But, you could  have a postnuptial agreement drafted where a) if the marriage doesn't work you could plan now as to  what would happen to the property and b) if you live "till death do you part" determine what would happen to the property upon the first to die.  For example, if you predeceased your wife you could provide that the Illinois property would be left to your wife, who could then dispose of the property as she chooses. Alternatively, the postnup could dispose of the property in another way when both of you pass that you could agree upon now. The difference with estate planning, is that the individual who creates the plan can change the plan in the future.  With a postnuptial it can only be changed if both parties agree. Before you make any decisions, it would be wise to  speak with an attorney who you could discuss all of the facts to help you make the right decision. Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward:/Miami Dade: 954-316-3496    Boca Raton:  561-962-2785 www.vovalaw.com... Read Answer
Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites... Read Answer
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court will transfer ownership to you or to whoever is named as the beneficiary in your dad’s will—if he had one.     
If you weren’t a joint tenant on the deed and the property wasn’t held in a living trust, then title must pass through probate. The court... Read Answer
If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney earned, not any unused portion of your retainer. A retainer is money you’ve already paid in advance for future work — and any part your attorney doesn’t use must be refunded directly to you once your case is finished. So, if your lawyer bills less than the retainer amount, you’ll get that unused balance back from your attorney. The court’s reimbursement order would apply to what you actually paid or owe for completed legal services, not funds still sitting in trust. When your case concludes, ask your lawyer for a final billing statement showing what was earned, what’s left of the retainer, and whether any court-awarded fees have been applied. That ensures you’re properly reimbursed and the accounting is transparent under Texas law.... Read Answer
If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney... Read Answer

Retainer

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Divorce
In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually request a full refund of the retainer. A retainer is meant to cover future legal services, so if the lawyer hasn’t started billing time or expenses, they generally must return any unearned portion. Even without a signed contract, it’s best to put your cancellation in writing (email is fine) and politely ask for confirmation that the retainer will be refunded. If the lawyer already opened a file or did preliminary work, they may deduct a small administrative fee, but they should provide an itemized explanation if any money is withheld. If you have trouble getting your refund, you can contact the South Carolina Bar’s Fee Dispute Program, which helps clients resolve issues like this at no cost. It’s understandable to want an attorney closer to you—just make sure you get everything in writing with the next lawyer so expectations about retainers, billing, and refunds are clear from the start.... Read Answer
In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually... Read Answer

Lawsuit

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer
Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a clear agreement or understanding that your daughter and son-in-law would repay the loan. Their past payments toward interest strongly support the existence of an oral contract or implied agreement to repay you. You’ll want to gather all documentation showing the loan and payment history — bank statements, withdrawal records, text messages, or emails discussing repayment terms. Those can be used as evidence in a civil lawsuit for the remaining balance. Since they live in Thomasville, NC, you’ll need to hire a North Carolina attorney—ideally a collections or civil litigation lawyer in Davidson County—to file the claim locally. Depending on the amount and circumstances, your attorney might pursue repayment through a breach of contract claim, a promissory estoppel argument, or even a constructive trust on the property if the funds were tied to it. Act sooner rather than later—North Carolina has a three-year statute of limitations on most oral agreements, so timing matters. A local attorney can review the full history and file the proper suit to protect your right to recover the $150,000.... Read Answer
Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a... Read Answer
If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read Answer
If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible... Read Answer
You should speak with a North Carolina personal injury attorney immediately. You may have multiple claims here — one against the at-fault driver for causing the crash and another potential product liability claim if the airbags failed to deploy properly in the rental vehicle. Both claims could involve complex insurance and jurisdictional issues, especially since you live in Arizona and the accident occurred in North Carolina. Start by getting copies of the police report, hospital records, and rental agreement. An attorney can help you: Investigate why the airbags didn’t deploy and whether there’s a mechanical or manufacturing defect. Identify all available insurance coverage — including the other driver’s policy, Enterprise’s coverage, and possibly your own. Handle communications with insurers so you don’t say anything that could harm your claim. Document your medical care, lost income, and pain and suffering for a full recovery. Time limits apply under North Carolina’s statute of limitations (usually three years for injury claims), so it’s important to act quickly. A local attorney can coordinate care and handle everything while you recover, even if you’ve already returned to Arizona. If you’re unsure where to start, search for North Carolina personal injury attorneys experienced in rental car or product defect cases. Most offer free consultations and can begin investigating right away.... Read Answer
You should speak with a North Carolina personal injury attorney immediately. You may have multiple claims here — one against the at-fault... Read Answer

Should I seek representation

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Criminal Law
Yes — you should absolutely seek legal representation right away. Being accused of stealing credit card information is a serious matter that could lead to criminal charges, even if you are completely innocent. Do not try to explain yourself to your employer, investigators, or law enforcement without an attorney present, as anything you say could be misinterpreted or used against you later. A criminal defense attorney can contact your employer or the police on your behalf, find out whether formal charges have been filed, and help protect your rights during any investigation. If this allegation involves your job in health care, it could also affect your professional license, so an attorney can advise you on that as well. In the meantime, gather any documents, timecards, or communications that may show your innocence or access limits, but don’t share them until you’ve spoken with your lawyer. The most important step right now is to hire a defense lawyer or request a public defender if you can’t afford one.... Read Answer
Yes — you should absolutely seek legal representation right away. Being accused of stealing credit card information is a serious matter that... Read Answer

Physical Separation

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer
If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments directly from the VA. The VA sends all benefits to the veteran, and it’s up to him to report marital or household changes. However, if you’re legally separated or an annulment is pending and he hasn’t updated the VA, he could be overpaid for spousal benefits, and the VA may later require repayment. You can contact the VA Regional Office and file a VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to request a portion of his benefits if you’re separated and need financial support. The VA reviews these requests case by case, considering need and fairness. Keep copies of the annulment paperwork and proof of separation. If he refuses to cooperate, you can also contact the VA Office of Inspector General to report false dependency information. A veterans’ benefits attorney or accredited VA claims agent can help you file the apportionment request and communicate with the VA to make sure your rights are protected.      ... Read Answer
If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments... Read Answer
You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In California, police reports reflect the officer’s opinion at the time of the crash, and they are not legally binding when determining fault in insurance claims or lawsuits. If you have dash-cam video that clearly shows what happened, you should provide a copy to the investigating agency and ask that it be added to the case file as supplemental evidence. You can also submit a written statement or “counter-report” explaining the errors and including your supporting evidence. Even if the officer doesn’t amend the report, you can use your video and statement to challenge fault with your insurance company or, if needed, in court. Insurers and judges rely on evidence, not just the report’s conclusions. If the accident involves significant damages or potential liability, a California personal injury attorney can help present your video evidence effectively and, if necessary, dispute the officer’s findings through proper legal channels.... Read Answer
You can request a correction or supplement to a police report, but you generally can’t force the officer or department to change it. In... Read Answer
If you’ve paid for the car in full but haven’t received the title, the seller is legally required to transfer it to you. Since the vehicle came from Mississippi, you’ll need to work with the Mississippi Department of Revenue, Title Bureau to verify who the titled owner is and whether there are any liens on the vehicle. Start by gathering all proof of payment—receipts, text messages, a bill of sale, or any written agreement. Then contact the Mississippi title office and explain that you purchased the car but the seller hasn’t transferred the title. They can tell you what forms to file, such as a bonded title application or complaint for failure to transfer title. If the seller refuses to cooperate, you can also report it to law enforcement or the state’s consumer protection division because keeping a title after full payment can be considered fraud. You may want to consult a Tennessee or Mississippi attorney who handles vehicle-title disputes to help you file the necessary paperwork or a small claims action to compel the seller to sign over the title. Acting quickly is important before your temporary tag or drive-out expires.... Read Answer
If you’ve paid for the car in full but haven’t received the title, the seller is legally required to transfer it to you. Since the... Read Answer
If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of court’s office listed on your summons and explain that you have a medical appointment that conflicts with your hearing. Ask whether you can file a written request or motion to continue (reschedule) your court date. If the hearing is later today and you can’t reach anyone by phone, you or your attorney should email or go in person to the courthouse as soon as possible to let the clerk or judge’s staff know. Provide proof of your neurologist appointment, such as an appointment confirmation or note. If you simply don’t show up and don’t notify the court, the judge could issue a bench warrant or enter a default judgment against you, depending on the type of case. Acting quickly and showing good cause—especially a verified medical reason—usually prevents that. If you’re unsure how to file a continuance, call the clerk’s office first thing this morning or contact an Alabama attorney who can help you request a new court date properly.... Read Answer
If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of... Read Answer
Unfortunately, even if your doctor marked you as permanently exempt, many Texas counties don’t automatically remove people from the jury-duty pool. The local jury administration office or county clerk typically controls the master jury list, and the medical exemption form only applies to the specific summons you received, not future ones. That’s why you keep getting new notices. To reduce the chances of being summoned again, contact your county’s jury services department directly (their number should be on your summons). Ask them to keep your doctor’s note and to flag your record for permanent exemption under Texas Government Code § 62.109, which allows exemption for physical or mental impairments that make jury service impossible or very difficult. If the clerk won’t honor the permanent exemption, you may need to resubmit the form each time you’re called. It’s frustrating, but you’re not being singled out—the system doesn’t always update automatically. Keeping a copy of your doctor’s letter on file will make the process easier each time.... Read Answer
Unfortunately, even if your doctor marked you as permanently exempt, many Texas counties don’t automatically remove people from the jury-duty... Read Answer
If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly to you) will not automatically be credited toward his arrears. The state generally requires all payments to go through the official child support office so they can be recorded, tracked, and distributed correctly. If he owes arrears on multiple cases, the state may apply part of any lump-sum payment toward all his debts, not just yours. That’s why private side agreements can be risky—if he pays you directly, the court may still consider the arrears unpaid, and he could remain responsible for the full amount. If you both want to settle, the proper way is to contact the Nevada child support office or a family law attorney to request a formal compromise or arrears settlement. Once approved and documented, it ensures the payment is recognized and that the balance is updated in the official system. Avoid accepting a private payment unless it’s formally approved; otherwise, you could face disputes later about whether it counts toward his obligation.      ... Read Answer
If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly... Read Answer

What do I do

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Child Custody
If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should respond carefully and through the proper legal channels. If you were served, you’ll need to file an answer with the court before the deadline listed on the summons—otherwise, the court can enter a default judgment against you. If her address is false or you believe the court doesn’t have the correct information about the child’s residence or custody history, you can raise that in your written response and at the first hearing. Missouri courts make custody decisions based on the child’s best interests, so the judge will need accurate information about who has cared for the child, where the child has lived, and each parent’s involvement. Gather any evidence showing that she has not been the primary caregiver or that her claims about the child’s living arrangements are false. If you’re unsure how to file your response or gather the right documents, contact a Missouri family law attorney or your local legal aid office right away. They can help you respond properly, protect your rights, and make sure the court hears your side of the story.... Read Answer
If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should... Read Answer
You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody order in place, each parent technically has equal rights to the child, but the mother controls access by physical possession. Filing for custody allows a judge to set a clear, enforceable schedule and ensure your parenting time is protected. Given what you’ve described—your child’s mother’s DWI and child endangerment conviction, active probation, and recent mental health crisis—a court may find that it’s in your child’s best interest for you to have primary custody or, at the very least, unsupervised overnight visitation. Judges look at stability, safety, and consistent caregiving when making these decisions. You should start keeping detailed notes and proof of your involvement—receipts for items you buy, text messages, and any communications about visits. Then, contact a North Carolina family law attorney to help you file for custody and temporary visitation rights as soon as possible. Until there’s a court order, you don’t have an enforceable right to take your child for visits, so securing one is the best way to protect both your relationship and your child’s stability.... Read Answer
You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody... Read Answer
This is a common but difficult situation. The divorce agreement may have assigned the home to your ex-husband, but that does not remove your name from the mortgage. The only way to be released from liability is through a refinance or payoff—which unfortunately didn’t happen. The lender’s contract remains binding until that loan is satisfied or refinanced in someone else’s name. Because your ex-husband has passed away, his estate (and possibly his heirs) is now responsible for the property. However, since your name is still on the loan, the bank can still report or pursue you if payments lapse. You may have a claim against his estate for failing to refinance as required by the divorce decree, but that’s something you’d need to address through probate or civil court. You should gather the divorce judgment, the deed, and mortgage statements, then speak with a North Carolina family law or real estate attorney. They can review whether the property legally transferred to his sister and what options exist to have you removed from the mortgage or to protect your credit and financial interests going forward.... Read Answer
This is a common but difficult situation. The divorce agreement may have assigned the home to your ex-husband, but that does not remove your name... Read Answer
Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly authenticated—meaning the court has to be satisfied that the recording is genuine and accurately shows what it claims to show. If your wife didn’t record the video herself, she can still offer it, but the person who made the recording may need to testify to confirm when, where, and how it was made. Without that testimony, the judge might not allow it if there’s doubt about its authenticity or how it was obtained. That said, DVPO (50B) hearings often have more relaxed evidentiary rules than criminal trials, so judges sometimes admit video or text evidence if it appears reliable and relevant. You should consult with a North Carolina family or criminal defense attorney as soon as possible. They can review the video, challenge it if it was obtained improperly, and help you prepare your defense for the hearing. Don’t ignore the hearing date—having legal representation is critical in domestic violence cases.... Read Answer
Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly... Read Answer

Can I bond out on Domestic violence charges?

Answered 7 months ago by attorney Mr. Christopher Adkins   |   1 Answer   |  Legal Topics: Domestic Violence
Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic violence arrest, the accused is usually held for a mandatory 48-hour period or until a judge (not a magistrate) sets bond. This means the process can take longer than for other charges. If you haven’t yet turned yourself in, it’s important to contact a criminal defense attorney right away before doing so. An attorney can often arrange a safe surrender, verify whether a warrant is active, and help you through the bond process. Given your statement that you were the one injured and called 911, it’s possible there’s been a misunderstanding or cross-charge situation. That happens sometimes when both parties are accused. Bring all hospital records, photos, and any evidence showing your injuries and the events that led to the call. Once you’re released, your lawyer can work to have the charges reviewed or dismissed if you were actually the victim. The key is not to ignore the warrant — handling it through the proper legal channels is the best way to protect yourself and your record.... Read Answer
Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic... Read Answer
That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a firearm into occupied property under North Carolina law. Shooting toward another person, even if no one is hit, is a criminal offense that can carry prison time. You and your family have several rights and options: Criminal charges: Law enforcement should investigate fully and, if the evidence confirms what you describe (such as the video footage), the shooter can be arrested and prosecuted. Follow up with the investigating officer or detective to make sure the case is being pursued. Protective order: If you fear retaliation, you can seek a 50C civil no-contact order (for harassment or threats) or ask law enforcement about immediate protective measures. Civil lawsuit: You may also have a personal injury claim for assault, emotional distress, and any medical expenses or trauma caused by the incident. Victim’s compensation: North Carolina’s Crime Victims Compensation Program can sometimes help with out-of-pocket costs related to violent crimes. You should contact a local criminal law attorney or personal injury lawyer as soon as possible to review the evidence and help protect your family’s rights. Also, continue documenting everything and cooperate with police to ensure the case moves forward.... Read Answer
That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a... Read Answer

I would like to get my dad out of jail immediately

Answered 7 months ago by attorney Paul Croushore   |   1 Answer   |  Legal Topics: Criminal Law
Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when, where, and why). Kentucky is a large state, and it's criminal justice system has a huge number of jurisdictional and procedural elements. Without answers to those "w's" no one can help.... Read Answer
Sorry, without a lot more detail no one is likely to even know whether they can be of assistance. You might start with the five w's (who, what, when,... Read Answer
Denise,I’m sorry to hear about what you’ve been through. You should consider retaining an attorney on a contingency fee basis—meaning you pay nothing unless you win. As a Florida attorney, I’m unable to assist directly, but I’d be happy to refer you to a reputable firm that can help maximize your recovery. Please note that attorneys on this platform are not permitted to solicit cases. However, you’re welcome to contact one of us after reviewing our background and qualifications.... Read Answer
Denise,I’m sorry to hear about what you’ve been through. You should consider retaining an attorney on a contingency fee... Read Answer
For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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
For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS... Read Answer