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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions.

Should I reply to a served lawsuit?

Answered 10 months ago by attorney Gregory M Lane   |   1 Answer
First thing NOT to do is not reply at all.  If you do not file an Amswer or any motions the Plaintiff wil likely seek a default which would then lead to a judgment against you anyway.  By answering or filing any relevant motions you have a fighting chance to maybe raise a valid defense or possibly even negotiate something to settle for less than the full amount.  Use the Find a Lawyer section here or contact your local county bar association for a referral.... Read Answer
First thing NOT to do is not reply at all.  If you do not file an Amswer or any motions the Plaintiff wil likely seek a default which would then... Read Answer

nonimmigrant visas

Answered 10 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Immigration
Your boyfriend has to qualify for a visitor visa on his own merit. USCIS normally requires that he provide tax returns, paystub's from his job, a letter from his employer, and a property appraisal if he owns a condominium or a home in his own name. However, if you want to sponsor him for a fiancé visa, then you will have to provide other evidence like an intent to get married and evidence that you have met him within two years of filing for a K fiancé visa. You should work with an immigration attorney. Some of us charge a very affordable flat fee to handle the case from start to finish.... Read Answer
Your boyfriend has to qualify for a visitor visa on his own merit. USCIS normally requires that he provide tax returns, paystub's from his job, a... Read Answer

Can I probate my father's estate with no will but a live in girlfriend

Answered 10 months ago by Mr. Ernesto Martinez, Jr. (Unclaimed Profile)   |   1 Answer
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In Florida, a girlfriend would not have any inheritance rights unless provided for in the will or trust. A spouse or wife would have inheritance rights.  But Virginia, may have something special, such as common law marriage.  Florida does not have common law marriage.  In Florida, Intestate (no will) would be inherited by the blood heirs (per stirpes) ie.  children, if not married.    ... Read Answer
In Florida, a girlfriend would not have any inheritance rights unless provided for in the will or trust. A spouse or wife would have inheritance... Read Answer
Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer of the home from what I presume is joint names to your name alone) with a secondary objective of leaving that property to your niece upon your death.  The structure of the deed would need to comply with the laws regarding joint ownership of property where the property is located or your objective could conceivably fail after you're gone.  That being said, there are multiple ways to achieve what you are trying to do.  A Maryland attorney could certainly draft a deed but if your husband's estate has not been administered you may need a PA attorney to represent you in that aspect.  A MD attorney can do certain things in PA but appearing in court for estate administration without a PA license would be a no-no.... Read Answer
Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer... Read Answer
Yes, you would have a claim against the at fault driver who hit you. You should retain a personal injury attorney here in the state of Florida on a contingency fee basis, which means you pay nothing unless you win. Attorneys on this platform are prohibited from soliciting. However, you can research our backgrounds and reach out privately to one of us.... Read Answer
Yes, you would have a claim against the at fault driver who hit you. You should retain a personal injury attorney here in the state of Florida on a... Read Answer

Regarding citizenship application (N-400)

Answered 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
There is normally no value in giving documents between 2010 and 2020 as they are not within the five-year period of time required to make an adjudication on your naturalization case. USCIS officers are generally not enamored with having to plow through documents that are not required for an application as they have many cases to go through and many officers are backlogged on their cases. However, if you have arrests and/or convictions between those years, they would be relevant and documentation of such should be presented. 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
There is normally no value in giving documents between 2010 and 2020 as they are not within the five-year period of time required to make an... Read Answer

F1 STEM OPT to H4 transition

Answered 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
These are applications on two separate tracks – F-1 STEM OPT and H-4. They have different rules, and there should not be an issue if your H-4 approval arrives after your current OPT expires. As H-4 rules are not the same as OPT rules, the 90 days rule for employment does not apply. Please note, however, that an individual cannot hold two nonimmigrant statuses in the US, so be aware that after obtaining one benefit, a subsequent approval of the second benefit will generally supersede the first approval. 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
These are applications on two separate tracks – F-1 STEM OPT and H-4. They have different rules, and there should not be an issue if your H-4... Read Answer

Please help me answer the question in description

Answered 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
The question pertains to your mother or father as applicants for N-600 certificates for citizenship obtain such through a parent or parents who are US citizens. Part 3 asks for information concerning the US citizen mother or father, and the question that you are uncertain about only asks whether that parent’s current husband or wife is your other parent. So, if the answer is that the US citizen mother or father named in part 3, item 1, is your other parent, then the answer is yes – otherwise no. If yes, you would skip item 10 and go directly to part 4. If no, you would fill in item 10 with your US citizen mother or father’s current spouse. The form does not appear to be well designed, but we assume that if the US citizen parent is not married at this time, you should skip items 9 and 10 altogether. 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 question pertains to your mother or father as applicants for N-600 certificates for citizenship obtain such through a parent or parents who are... Read Answer

h1b got picked this year

Answered 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Under the H-1B registration system, organizations register candidates online with USCIS in the hope that their candidates will be selected. The selection is particular to the sponsoring organization and particular to the candidate, which means that the beneficiary is restricted to being sponsored on the H-1B petition after selection. In addition, for those selected, the H-1B petition must be filed by June 30. In your situation, the date is past and an outside company cannot take up the sponsorship of another organization. Sorry. 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, organizations register candidates online with USCIS in the hope that their candidates will be selected. The... Read Answer
Unfortunately the lien (deed of trust) on the home is still enforceable up to 10 years after the loan matures for a standard mortgage, and debts owed to the government are even longer. They have the right to foreclose, but they cannot force you to pay any deficiency if the sale is not enough to pay off the loan. Your best bet would probably be to apply for your own mortgage to pay off USDA. You could also consider filing Chapter 13 bankruptcy which could give you up to 5 years to either pay off the loan or sell the house. ... Read Answer
Unfortunately the lien (deed of trust) on the home is still enforceable up to 10 years after the loan matures for a standard mortgage, and debts owed... Read Answer

What happens when a person kicks another person out and they have time on their lease to live there?

Answered 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You post and language use makes no sense. "Im still part of the 30 day" "kicked me out with 9:30 a day" "have a verbal contract chain"  - this makes it near impossible to understand your issue and to provide any useful guidance. That said, if you are on the lease or rental agreement - room mates cannot kick each other out. You might want to contact local legal aid to see if they can help you.... Read Answer
You post and language use makes no sense. "Im still part of the 30 day" "kicked me out with 9:30 a day" "have a verbal contract chain"  - this... Read Answer
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A codicil signed by 2 witnesses is likely good.  The notary can be counted as a witness.  The codicil would no longer be self-proving if it were. Additional steps will be required to properly submit a codicil/will to the probate court effectively. See an estate/probate attorney.
A codicil signed by 2 witnesses is likely good.  The notary can be counted as a witness.  The codicil would no longer be self-proving if it... Read Answer
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If a probate of the case was opened, it would be public record. Inquire of the probate court in the county where decent lived when he died.  If there is no probate case, you might petition to be the admin of your father and or husband.  Once appointed you can ask for any infomraiton that decedent might have obtained while he was alive. See a probate attorney.... Read Answer
If a probate of the case was opened, it would be public record. Inquire of the probate court in the county where decent lived when he died.  If... Read Answer

Am I required to obtain a divorce from someone that I have been estranged from for over 25 years and is now deceased?

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
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NO..................................................................................................................................
NO..................................................................................................................................

I am the executor of my former spouse's estate in need of court orders.

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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You would need to sue for these items.  You might include the items taken as an estate distribution of the estate to the thief, if the theif is to recieve any inheritance.
You would need to sue for these items.  You might include the items taken as an estate distribution of the estate to the thief, if the theif is... Read Answer

Are you the guardian ad lite for Robert Mines?

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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This is not a legal question. 
This is not a legal question. 

How long do assets need to be separate so government doesn't take it if I go into home?

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medicare and Medicaid
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See an elder care attorney asap.
See an elder care attorney asap.

can i receive early distribution, hears my cause

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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Who is the trustee of the money?  Read the terms of your trust carefully. Go see an estate attorney.
Who is the trustee of the money?  Read the terms of your trust carefully. Go see an estate attorney.

Do you have any attorneys who are willing to work pro-bono on a civil action law suit?

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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Try legal aid.....................................................................................
Try legal aid.....................................................................................

How do I buy the other half of my late dad's ground that we co-own'

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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You need to pay the owner(s) for the land. WHo owns it? Are they deceased? Is there a personal representative appointed to represent the estates of the deceased? Go see a probate attorney.
You need to pay the owner(s) for the land. WHo owns it? Are they deceased? Is there a personal representative appointed to represent the estates of... Read Answer

loss of title to my house

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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You might, might, be able to undo the transfer through a fraud claim (quiet title). See a real estate attorney and do not sign documents without reading them.
You might, might, be able to undo the transfer through a fraud claim (quiet title). See a real estate attorney and do not sign documents without... Read Answer

How to locate a stolen inheritance

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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Have you talked with the insurance company?  Did you ask them about this?  Did you ask the process for the insurance company paying a claim?  Have you complied with it?
Have you talked with the insurance company?  Did you ask them about this?  Did you ask the process for the insurance company paying a... Read Answer
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No.  A POA does not take anyone's rights away, it just allows the holder to do certain things.  Have you considered a guardianship/conservatorship over your father? Go see an elder law attorney.
No.  A POA does not take anyone's rights away, it just allows the holder to do certain things.  Have you considered a... Read Answer

Dinco

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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What is a dinco?
What is a dinco?

What is best way to put land in a trust for my kid & grandchildren? I don't want it every be sold.I plan to be burried on it..

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts and Estates
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There are many considerations when doing this, including how will the  property taxes will be paid? Maintainance? Who makes decisions concerning the property, etc? See an estate planning attorney.
There are many considerations when doing this, including how will the  property taxes will be paid? Maintainance? Who makes decisions concerning... Read Answer