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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 17 of lawyers' answers to legal questions.

Moving into the home to satisfy the mortgage co. so the home doesn't foreclose!

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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Why can't you sell the house now? Foreclosures are not usually instant.  You need to have the estate of any owners of the house represented who are deceased to sell the house. Go see a probate attorney.
Why can't you sell the house now? Foreclosures are not usually instant.  You need to have the estate of any owners of the house represented who... Read Answer
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No you can not without process. Talk to a real estate attorney. Likely you will need to force the sale of the property and division of the proceeds between owners.
No you can not without process. Talk to a real estate attorney. Likely you will need to force the sale of the property and division of the proceeds... Read Answer

My father just died and my sister brother Saturday ainโ€™t no money, but I gotta sign some papers

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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If there is no money, why would you need to sign papers?  See an estate attorney.
If there is no money, why would you need to sign papers?  See an estate attorney.

How can I find out the name of the attorney who did my Mother's will?

Answered 10 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
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Has the will been filed for probate? If so, the will is now public record. If not, probate mother's estate without a will and ask to be appointed. This normally will cause a will to turn up if it is going to turn up at all.
Has the will been filed for probate? If so, the will is now public record. If not, probate mother's estate without a will and ask to be appointed.... Read Answer

My website designer is holding my website hostage

Answered 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This all depends on the terms of your agreement and the actual facts about what occurred. You will need to hire a civil lawyer to review that information and go from there. 
This all depends on the terms of your agreement and the actual facts about what occurred. You will need to hire a civil lawyer to review that... Read Answer
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Yes - they are known as "non-compete" agreements. You might also have one regarding your employment. Talk to an employment lawyer you retain before you do anything that  might cost you dearly. 
Yes - they are known as "non-compete" agreements. You might also have one regarding your employment. Talk to an employment lawyer you retain before... Read Answer

Can a tenant win an eviction Case

Answered 10 months ago by attorney Karen A. Leiser   |   1 Answer
It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that yes Tenants can win eviction cases, but probably not for the reasons you state.  If they are being evicted for non-payment of rent and you have followed all of the proper notice requirements, then it is unlikely that these issues would stop an eviction.  They would have had to escrow the rent pursuant to Virginia Code 55.1-1244 or they can make repairs and deduct from the rent with proper notice given pursuant to section 55.1-1244.1.  Otherwise the rent pretty much has to be paid, unless the place has burned down or something else that would constitute a constructive eviction.  If they have paid rent and you are evicting them for some other reason then it is much harder.   ... Read Answer
It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that... Read Answer

Do you have Mississippi License

Answered 10 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
What type of premises liability case are you dealing with? A property owner can only be held liable for dangerous conditions on the premises if they knew or should have known about the hazard and failed to take reasonable steps to correct it.   
What type of premises liability case are you dealing with? A property owner can only be held liable for dangerous conditions on the premises if they... Read Answer

Tamra allison

Answered 10 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Medical Malpractice
  Dear Ms. Allison, There are many stages to determine if there is a potentially viable Medical Malpractice case. The attorney will need more personal information about you and will need to consider what overall effect any medical error has had on you. Ultimately, medical expert opinion(s) whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries will be necessary. We 1st explore these issues and review records prior to deciding whether to send them out for review by appropriate medical experts free of charge to you. We give free consultations and if we take the case, it would be on a contingent fee basis. These cases have pre-suit requirements and are often very tough and time-consuming. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. It is not possible for me to answer your question other than to suggest that you consult an experienced Medical Malpractice attorney for a deeper dive as I have described. Start this process with a free consultation sooner rather than later. Providing the necessary medical records may help speed up the process for the reviewing attorney. We cannot solicit, so you will have to reach out. Best, Loren L. Gold, Esq. ... Read Answer
  Dear Ms. Allison, There are many stages to determine if there is a potentially viable Medical Malpractice case. The attorney will need more... Read Answer

What is timeline to replace a miss mailed Green card ?

Answered 10 months ago by attorney Maria-Costanza Barducci   |   1 Answer   |  Legal Topics: Immigration
As of fiscal year 2025, the USCIS claims processing times for a completed I-90 form is 4.2 months. While the appointment is a key milestone, the timer starts after your biometric appointment. Therefore, the USCIS estimates you will likely wait about 4 to 5 months after your appointment. Until then, you can always speak with an attorney, ensure or update that the USCIS has your current address, and track its fulfillment.  (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer
As of fiscal year 2025, the USCIS claims processing times for a completed I-90 form is 4.2 months. While the appointment is a key milestone, the... Read Answer

Do i have a case for smalls claim?

Answered 10 months ago by attorney Gregory M Lane   |   1 Answer
If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).... Read Answer
If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more... Read Answer
Yes, you can still be charged. Being convicted, of course, is another matter. Many cases of sexual assault charges involve "he said/she said". When charges are filed it is up to a jury to determine who is telling the truth. You were smart to not meet with the detective without a lawyer present. You should speak with a lawyer to discuss the situation.... Read Answer
Yes, you can still be charged. Being convicted, of course, is another matter. Many cases of sexual assault charges involve "he said/she said". When... Read Answer
I'm so sorry to hear about this sad and tragic event. When and where did this happen?  Did it happen on private property like a home or a business? 
I'm so sorry to hear about this sad and tragic event. When and where did this happen?  Did it happen on private property like a home or a... Read Answer

Malpractice

Answered 10 months ago by attorney Matthew P. Rosenberg   |   1 Answer   |  Legal Topics: Medical Malpractice
I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a complication from intubation or another aspect of the procedure, but proving malpractice requires more than showing you’re still hurting. You need evidence that the surgical team deviated from accepted standards of care. Begin by consulting your surgeon or an ENT specialist for a thorough examination and documentation of your symptoms. Request copies of your operative report and anesthesia records as well. If another doctor confirms the injury was likely caused by improper intubation, positioning, or post-operative care, bring those records to an attorney. In Pennsylvania, you generally have two years from when you knew or should have known something went wrong to file suit, but an attorney will need time to obtain expert reviews before proceeding. In the meantime, focus on treatment to prevent further damage and to ease your pain. Also, pursue medical documentation that could support any potential claim you might pursue later.... Read Answer
I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a... Read Answer

Is she eligible for proper compensation?

Answered 10 months ago by attorney Matthew P. Rosenberg   |   1 Answer   |  Legal Topics: Personal Injury
I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for injury lawsuits ran out when she reached adulthood, and the release her parents signed would block any new claim. Even so, she isn’t without help. If her pain keeps her from working, a disability lawyer can guide her through applying for SSDI or SSI, and her doctor can refer her to a pain clinic. I know this doesn’t feel like the justice she deserved, but it can bring real financial relief and better day-to-day care. ... Read Answer
I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for... Read Answer

Do I have a case

Answered 10 months ago by attorney Thomas Weiss   |   1 Answer
Good morning, I do not have enough information to answer your question. Where in NY are you located? Who made the accusation?  Is there any open investigation against you?  If so, by whom?  Have there been any findings?
Good morning, I do not have enough information to answer your question. Where in NY are you located? Who made the accusation?  Is there any open... Read Answer
You need to retain an employment lawyer to file suit. If your case is good then some attorneys will take your case on contingency fee which means you pay nothing unless you win. Are the facts of the case strong in your favor? 
You need to retain an employment lawyer to file suit. If your case is good then some attorneys will take your case on contingency fee which means you... Read Answer
You may have a workers comp claim, but if you were just an independent contractor for a project on a home, then you may not. It depends on its unique facts. Secondly, you also may have a claim against the homeowner for negligence, if the ladder was defective in someway, or there was something about your accident that was caused by the homeowners carelessness. But even then, his homeowners insurance policy may have exclusions for accidents that happen to people in your situation. You should discuss this case thoroughly with an attorney in your jurisdiction for specific advice.  ... Read Answer
You may have a workers comp claim, but if you were just an independent contractor for a project on a home, then you may not. It depends on its unique... Read Answer

Real Estate Reimbursement

Answered 10 months ago by Mr. Ernesto Martinez, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
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As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate expenses such as real estate taxes, insurance, mortgage payments and yes, HOA fees. A petition for reimbusement/accounting would have to filed with the Court.  ... Read Answer
As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate... Read Answer

How may I assume ownership of my recently deceased brother's California car?

Answered 10 months ago by Mr. Ernesto Martinez, Jr. (Unclaimed Profile)   |   1 Answer
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In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is no will, they should go by the California intestate rules. I am sure, you want to avoid the Probate (inheritance court) expense. I am a Florida attorney and not a California attorney, but I would try to transfer the title first with the tag agency/ DMV.    ... Read Answer
In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is... Read Answer

Can my ex force me to pay for half of braces without my consent

Answered 10 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Child Support
Do you have a written separation/settlement agreement?  If so, the answer would depend on what the agreement says.  If there is no written agreement, you can stand your ground.  
Do you have a written separation/settlement agreement?  If so, the answer would depend on what the agreement says.  If there is no written... Read Answer

How do I move the divorce process along?

Answered 11 months ago by attorney Kathy Williams Richardson   |   1 Answer   |  Legal Topics: Divorce
If you are not able to find an attorney who is local and can't afford an out of town attorney, the only other options that I can think of is to represent yourself or see if you are able to find an attorney who is willing to represent you for free.  We do offer advice and assistance at our regular hourly rate without making a general appearance in your case.   You may even hire us to draft documents for you to file in court.  That should be much less expensive than hiring an attorney to handle the case for you.  If you are interested in an initial consultation to discuss this matter, please call us at 919-680-2300.  ... Read Answer
If you are not able to find an attorney who is local and can't afford an out of town attorney, the only other options that I can think of is to... Read Answer
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Not likely, based on the facts provided.  However you indicate that this was a person as a "recruiter" for the company - so you might be wary of alienating or making enemy of a person that might have influence over your potential as a hiring candidate. 
Not likely, based on the facts provided.  However you indicate that this was a person as a "recruiter" for the company - so you might be wary of... Read Answer

Iโ€™ve given my tenant the three day notice to pay or quit possession of the premises. What is my next step?

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer" not a landlord lawyer so when your enemy warns you about things you might heed the advice. 
You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer"... Read Answer

Iโ€™m not quite sure what type of lawyer I should contact . I

Answered 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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This is generally not a legal issue due to ecclesiatical privilege and sepataration of church and state priniciples. This is a "church law" issue to be addressed internally. 
This is generally not a legal issue due to ecclesiatical privilege and sepataration of church and state priniciples. This is a "church law" issue to... Read Answer