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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 14 of lawyers' answers to legal questions.

Probate

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
Any interested party—including a family member or a boyfriend—may serve as the personal representative of a decedent’s estate. If appointed, he may recover reasonable compensation for his time and duties performed in that role. This includes administrative tasks and expenses directly tied to managing the estate.However, unless the boyfriend qualifies as a statutory survivor under Florida’s Wrongful Death Act, he is not entitled to a share of the wrongful death recovery itself. His compensation is limited to administrative fees and personal representative expenses—unless he also has a valid contractual claim against the estate.To find out what’s happening with the case, look up the case number in the county where it was filed. Identify the attorney of record and speak with them directly.If you’re not represented, consult a qualified attorney for specific legal advice.... Read Answer
Any interested party—including a family member or a boyfriend—may serve as the personal representative of a decedent’s estate. If... Read Answer

Adjustment of status from TPS

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow adjustment of status in the future, the unanimous view is that a NTA ends the ability to be considered in lawful status. Obtaining TPS after getting a NTA in our opinion would not allow you to be considered in lawful status for purposes of a later adjustment of status application through your parents. We note that there have been many shifting policies and developments concerning TPS in the past few years which may continue and so our present opinion may not necessarily be accurate in the future. 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
Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow... Read Answer
A L-2 S has open-market employment and as long as the work is legal, is not precluded by federal immigration law from working on a W-2 and also beginning a startup LLC. We do not profess to know Texas state law and so cannot give you any advice there. We do not see any negative impact of this arrangement when you travel or when applying for a visa renewal. 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
A L-2 S has open-market employment and as long as the work is legal, is not precluded by federal immigration law from working on a W-2 and also... Read Answer
Under the H-1B registration system in 2025, the registration is person-centric, which means that the person only gets one chance to be selected regardless of how many organizations apply for him or her, and that if a person is selected, he or she can choose any of the organizations who put in a registration to do the H-1B petition with. Any petition must be filed by June 30, 2025. Other than that exception, it is highly recommended that the person stick with the H-1B employer that filed the H-1B petition by June 30 until sometime after October 1 to validate the filing of the petition and to show commitment to that organization before attempting to have another organization file for another petition. There can otherwise sleep be consequences both with USCIS and US consulates. 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
Under the H-1B registration system in 2025, the registration is person-centric, which means that the person only gets one chance to be selected... Read Answer

How to Waive a judge ordered removal?

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
From your fact situation, you missed the interview with the immigration office and the subsequent court hearing date because you did not receive the letter. For you to miss both of these, you would have had to have missed not one but two letters – one from the immigration court. I suggest that you check with an immigration attorney on whether the facts in your case could dictate reopening your immigration court case. For example, if USCIS and the court mistakenly put the wrong address on their letters, that may be a basis. This type of situation is usually determined by the particular fact situations. 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
From your fact situation, you missed the interview with the immigration office and the subsequent court hearing date because you did not receive the... Read Answer

H4 EAD

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the I-140 approval, your wife should be able to make an application for employment authorization. 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
Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the... Read Answer
The problem may not be with your having been illegal in the US, but rather the way that you answered the question before the officer. You can be denied naturalization on the basis of a finding of no good moral character where you have not told the officer the truth at the interview. It should also be kept in mind, however, that any misrepresentations should be material – meaning that the misrepresentation should relate to a possible problem on an issue that matters affecting your immigration case. 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
The problem may not be with your having been illegal in the US, but rather the way that you answered the question before the officer. You can be... Read Answer

Regarding multiple extension of my visit visa

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If you wish to apply for an extension, you should do so prior to the time that you were requesting on the extension, November 3. Kindly note that if your first request for extension is denied, unlawful presence will begin on the date of denial. If you remain in the US 180 days or more after unlawful presence kicks in, you will be barred from returning to the US for three years once you leave. 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
If you wish to apply for an extension, you should do so prior to the time that you were requesting on the extension, November 3. Kindly note that if... Read Answer
Yes, you are entitled to file a petition to probate the intestate estate of your father. Just because his surviving wife was awarded year's support does not automatically entitled you to receive any assets he left, especially if you and your siblings are not in agreement about his assets. File the petition in the county where he lived/owned property at the time of his death. Hope this helps! Good luck to you!... Read Answer
Yes, you are entitled to file a petition to probate the intestate estate of your father. Just because his surviving wife was awarded year's support... Read Answer

Do I have to have a lawyer to make a will

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
No you don't need a lawyer to make a Will. However, it's always a good idea to have one because the stakes are too high if you make a mistake. 
No you don't need a lawyer to make a Will. However, it's always a good idea to have one because the stakes are too high if you make a mistake. 
If you were at home when the accident occurred and suffered physical injuries, you should consult with a personal injury lawyer licensed in your state. An accident lawyer can help you pursue a claim against the negligent driver’s auto insurance carrier.  If you only sustained property damage, you can still consult with a personal injury lawyer. However, it may be difficult to find an attorney willing to handle the claim. In my experience, most lawyers do not take cases that involve property damage only. Disclaimer: This response is for general informational purposes only and does not create an attorney–client relationship. You should consult with a licensed attorney about your specific situation.... Read Answer
If you were at home when the accident occurred and suffered physical injuries, you should consult with a personal injury lawyer licensed in your... Read Answer
I would recommend you consult with a personal injury lawyer in your state that handles work comp and/or slip and fall cases. If you were on the job, you might be limited to work comp. However, if there was negligence on the part of a third party that created an unnatural accumulation of ice, you could possibly have a case. Laws vary greatly by state for premises liability, so it would be best to consult with a lawyer in your area. Disclaimer: This response is for general informational purposes only and does not create an attorney–client relationship. You should consult with a licensed attorney about your specific situation.... Read Answer
I would recommend you consult with a personal injury lawyer in your state that handles work comp and/or slip and fall cases. If you were on the... Read Answer

Can a lawyer drop my case in the middle of negotiations

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Business Litigation
If a lawyer withdraws from a personal injury case during litigation, he must get the judge’s permission. If the client fires him, he may be entitled to a quantum meruit fee for the value of work performed, enforceable through a charging lien. But if the lawyer withdraws voluntarily, he generally forfeits that right. ... Read Answer
If a lawyer withdraws from a personal injury case during litigation, he must get the judge’s permission. If the client fires him, he may be... Read Answer

I believe that I was falsely arrested

Answered 9 months ago by Tara Nichol (Unclaimed Profile)   |   1 Answer
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Have you already pleaded guilty or been found guilty at a trial, or is your case still pending?  If your case has been adjudcated,  you would need to speak to a civil rights attorney to determie if you have any recourse post-conviction.
Have you already pleaded guilty or been found guilty at a trial, or is your case still pending?  If your case has been adjudcated,  you... Read Answer
Based on your description of the accident, you should consult with a personal injury lawyer licensed in Idaho ASAP. If you sustained new injuries or aggravated a pre-existing injury, and you undergo additional medical treatment as a result, you likely have a claim that an accident attorney would be interested in assisting you with.  Disclaimer: This response is for general informational purposes only and does not create an attorney-client relationship. ... Read Answer
Based on your description of the accident, you should consult with a personal injury lawyer licensed in Idaho ASAP. If you sustained new injuries or... Read Answer
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Your rights revolve around the terms of the treatment plan and any agreements you entered into. Most of the time patients are provided estimates not a guaranteed rate. The issue with the lab going out of business may or may not be the responsibility of the dentist, again, depending on the exact situation. By example, if the lab went belly up and the new lab charges more is different than if the old lad went belly up and didn't deliver what was already paid for. You will need to retain a lawyer to start sorting this out. ... Read Answer
Your rights revolve around the terms of the treatment plan and any agreements you entered into. Most of the time patients are provided estimates not... Read Answer
Yes, if you were assaulted on a business property, you may be able to sue for premises liability based on negligent security, provided the business was on notice of a dangerous condition and failed to take reasonable steps to protect its customers.
Yes, if you were assaulted on a business property, you may be able to sue for premises liability based on negligent security, provided the business... Read Answer
An immigration attorney can take over a case even though it is pending by filing a G-28 Notice of Attorney appearance in the case.  
An immigration attorney can take over a case even though it is pending by filing a G-28 Notice of Attorney appearance in the case.  
The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely H-1B change of employer petition, and you would not accrue unlawful presence until the petition is denied. Hopefully your new employer is able to respond effectively to the NOID. Your employer can submit a new petition explaining the circumstances of the new late filing, and it will be up to USCIS whether to favorably forgive the late filing or not. As you note, there is an issue with accruing unlawful presence if the first H-1B petition is denied. To avoid being barred by accruing 180 days of unlawful presence, your employer can perhaps file the petition with a request for premium processing on form I-907. USCIS should then reach the petition for adjudication within 15 business days. 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
The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely... Read Answer

How much longer will we have to wait?

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120 days have passed. As it has been almost a year since the time of your wife’s interview, you can perhaps make the inquiry through e-request or the USCIS Contact Center telephonically at 1-800-375-5283 and explain your problem to the USCIS representative. Hopefully upon getting through, the representative will be helpful. You can also make an inquiry through your local congressman and senators’ offices as they have liaison with USCIS. The best result of course is approval. I note that there is a possibility that you may receive a RFE (request for evidence) or NOID (notice of intent to deny) to submit an I-601 application for waiver of grounds of excludability because of perceived misrepresentation. Hopefully you will not receive a denial. Best of luck! 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
I For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120... Read Answer
It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. 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
It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in... Read Answer
I assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or operational threshold, but that being said, USCIS many times looks at the size of the operation, and so bigger is better in terms of number of employees and revenues. Many officers believe that an overseas office should still be of a certain size to support an executive/managerial type of employee and perhaps a lesser number for an employee with specialized knowledge. The offshore entity would have to fit within the definition of an affiliate, which is owned or controlled by the US entity. The difference in applying for regular L-1 as opposed to applying for blanket L is that for blanket purposes, the company must establish that it has at least three qualifying organizations or a US workforce of 1000+ employees, or combined US sales of $25 million or more or has had at least 10 L-1 approvals in the past year. 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
I assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or... Read Answer

I have siblings in the US on DS-160

Answered 9 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my estimation not be a reason to deny the visiting visa renewal application. You have shown that you have adhered to the terms of the B1/B2 visa over the years; attempting to immigrate through brothers and sisters is a very long process and not usually a temptation to abuse the visa by overstaying in the US: and you may be able to say that you were confused by the form question that you thought asked whether you had any immediate relatives in the US which you thought only meant spouse and children. 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
In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my... Read Answer

What do I do

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Divorce
This is a public form and your question implicates you in criminal activity. I suggest that you do not post these messages on the Internet because it could expose you to prosecution. Please delete this message and seek legal counsel in your jurisdiction for specific advice.
This is a public form and your question implicates you in criminal activity. I suggest that you do not post these messages on the Internet because it... Read Answer
Go through a title company so that the transaction is handled properly. This is not a do it yourself project. The deed needs to be prepared and insured. It needs to be recorded. Doc stamps and taxes need to be paid. If you do it yourself , one small mistake can cost you a lot.  
Go through a title company so that the transaction is handled properly. This is not a do it yourself project. The deed needs to be prepared and... Read Answer