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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 4 of lawyers' answers to legal questions.
Yes, you can petition the court for sole custody and for child support.
Yes, you can petition the court for sole custody and for child support.

Should I sue

Answered 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
You may have a claim. However some arenas have the customer sign a waiver and assumption of risk contract when you patronize their business. Courts have held these contracts enforceable depending on the language. Reach out to an attorney to explore the facts and language of the contract. ... Read Answer
You may have a claim. However some arenas have the customer sign a waiver and assumption of risk contract when you patronize their business. Courts... Read Answer

How can I avoid paying taxes on my investments as a retiree?

Answered 2 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Taxation
I believe under current tax laws, an investor who reinvests dividend income is still subject to income taxation on those reinvested dividends. You should confirm with a tax advisor. 
I believe under current tax laws, an investor who reinvests dividend income is still subject to income taxation on those reinvested dividends. You... Read Answer
Hi Crystal: Were you recently injured in an accident? If yes, I would recommend that you consult with car accident lawyer that is licensed in your state ASAP. Explain to the attorney the facts of the accident and any injuries sustained, and find out if that lawyer can assist you in moving forward with an injury claim. Even if that lawyer cannot take the case, he or she will hopefully point you in the right direction given your circumstances. I wish you the best of luck in pursuing this matter. Disclaimer: This response is for informational purposes only and does not create an attorney-client relationship. ... Read Answer
Hi Crystal: Were you recently injured in an accident? If yes, I would recommend that you consult with car accident lawyer that is licensed in your... Read Answer
If you haven't worked 5 of the past 10 years, then you still may be eligible for SSI disability, also administered by SSA.  You would have to have very limited income and assets.  You should call the local SSA office to set up an appointment to file or consult with an attorney.  SSA will request your medical records, so you don't necessarily need to have the letter you are referring to.... Read Answer
If you haven't worked 5 of the past 10 years, then you still may be eligible for SSI disability, also administered by SSA.  You would have to... Read Answer
Unless you were injured, it will be very challenging to retain a contingency fee attorney to assist with your claim. However, a few do so keep looking. Good luck! 
Unless you were injured, it will be very challenging to retain a contingency fee attorney to assist with your claim. However, a few do so keep... Read Answer

Public defender wonโ€™t help

Answered 2 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Law
You're dealing with a felony firearms case, why are you going to the public defenders office? You need to treat this with the seriousness that it is. I highly recommend contacting a local attorney to represent your interests and stop fiddling around.
You're dealing with a felony firearms case, why are you going to the public defenders office? You need to treat this with the seriousness that it is.... Read Answer
Give you office a call. We can help you in this situation - Kearney Law - 717-668-8159
Give you office a call. We can help you in this situation - Kearney Law - 717-668-8159

Does Robert Bencivenga work for legal aid in Hobe Sound?

Answered 2 months ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
Please contact me for a free consultation. Social Security disability attorneys work on a contingency basis, which means we only get paid if you win benefits.  615-504-5682
Please contact me for a free consultation. Social Security disability attorneys work on a contingency basis, which means we only get paid if you win... Read Answer
It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after marriage. In order to determine what income is required to support a foreign national, you need to look at the poverty income guidelines for Uscis by doing a Google search.... Read Answer
It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after... Read Answer
I am sorry for your loss. Situations involving access to a deceased person’s phone or digital accounts have become increasingly common in probate matters, and I have assisted families dealing with similar issues involving Apple devices and locked digital accounts. Under Florida law, once a person passes away, their assets including digital assets such as phones, online accounts, and stored data become part of their estate. Companies like Apple typically require proof that the person requesting access has legal authority to act for the estate. A death certificate alone often is not enough because it does not establish who is legally authorized to manage the deceased person’s property. In many cases I have handled, Apple requires documentation showing that someone has been legally authorized by the probate court. This usually means either Letters of Administration from a formal probate case or a court order from a summary administration confirming who the beneficiaries or authorized persons are. Whether you should file Summary Administration or Formal Administration depends mostly on the value of the probate estate. In Florida, Summary Administration may be available if the probate assets are $75,000 or less, or if the person has been deceased for more than two years. Summary administration is a simplified probate process and often used when there are few assets or when heirs simply need a court order confirming their rights. However, some companies specifically require Letters of Administration, which are issued only in a formal administration where a personal representative is appointed. I have seen situations where families file a small probate case primarily to obtain this legal authority so institutions will cooperate. It is also important to understand that Apple’s internal policies sometimes create an additional challenge. Even with a court order, Apple may only remove the activation lock and could require wiping the device before restoring access. I have seen this happen with clients who already had the phone passcode but were locked out due to Apple ID security restrictions. Florida probate exists specifically to determine who has authority to manage a deceased person’s property and assets. Jurado & Associates explains that probate is the legal process used to identify heirs and authorize someone to act on behalf of the estate:https://juradolawfirm.com/probate-in-florida/ You can also learn more about how the Florida probate process works here:https://yourfloridaprobatelawyer.com/florida-probate-process/ A probate attorney can review the estate assets and determine whether a summary administration will satisfy Apple’s requirements or whether a short formal administration would be the better path to obtain the authority they are requesting.... Read Answer
I am sorry for your loss. Situations involving access to a deceased person’s phone or digital accounts have become increasingly common in... Read Answer
Under Florida law, a power of attorney can allow you to manage financial matters and even transfer certain assets, but the key issue is whether the document specifically authorizes you to engage in estate planning transactions, such as transferring property into a trust. When someone has advanced dementia and cannot make decisions, the agent under a durable financial power of attorney must act strictly within the authority granted in the document and always in the best interest of the principal. In many situations I have handled for caregivers of spouses with dementia, the power of attorney document includes specific language that allows the agent to create or fund trusts on behalf of the incapacitated spouse. If your financial power of attorney includes that authority, it may allow you to transfer an asset that your spouse owns jointly with you into a trust. However, if the document does not specifically authorize creating or funding trusts, Florida law may limit your ability to do so without court approval. Another factor is the type of ownership. If the asset is jointly owned, such as a joint bank account or property with rights of survivorship, the transfer rules can vary. Sometimes the asset may already pass automatically to the surviving spouse upon death, which may make transferring it unnecessary. Estate planning strategies involving trusts are often used to simplify asset management and avoid probate, but they must be handled carefully when one spouse is incapacitated. I have worked with many families caring for a spouse with dementia who want to reorganize assets into a trust for long term planning, Medicaid planning, or probate avoidance. The first step is always reviewing the power of attorney document to confirm whether it allows gifting, trust creation, or asset transfers. Without that authority, a court supervised guardianship or approval may sometimes be required. Jurado & Associates explains that powers of attorney are powerful planning tools, but the authority they provide depends entirely on the language written in the document:https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ Trust planning is often used to protect assets and simplify management when a family member becomes incapacitated, particularly in situations involving long term illness or dementia:https://juradolawfirm.com/living-trusts-florida/ Given the complexity of dementia related incapacity and asset transfers, an attorney would typically review the power of attorney and the ownership of the specific asset before advising whether the transfer into a trust can be done legally.... Read Answer
Under Florida law, a power of attorney can allow you to manage financial matters and even transfer certain assets, but the key issue is whether the... Read Answer
Under Florida law, a power of attorney allows someone (called the agent) to handle financial and legal matters for another person (the principal). However, that authority comes with strict responsibilities. The agent must act in good faith and only for the benefit of the principal. They cannot use the principal’s money or property for their own benefit unless the document specifically allows it. Jurado & Associates explains that a power of attorney is a powerful legal document that gives another person authority to act on your behalf in financial matters, which is why it must be used responsibly and monitored carefully: https://juradolawfirm.com/how-to-create-a-power-of-attorney-to-protect-your-assets-and-decisions/ If your mother still has power of attorney over you, the first step is to revoke it. In Florida, a principal can cancel a power of attorney at any time as long as they are mentally competent. This is done by signing a written Revocation of Power of Attorney and providing copies to any banks or institutions that may have relied on the original document. Estate planning guidance from Jurado & Associates notes that powers of attorney are commonly used when someone cannot manage their own affairs, but they should always be revoked once they are no longer necessary: https://juradolawfirm.com/estate-planning/ The second issue is finding out what happened to your finances. An agent under a power of attorney is considered a fiduciary, meaning they must keep records and act in your best interest. In cases I have handled, courts can require the agent to provide a full accounting of how they handled the principal’s money. This means they may have to show bank statements, transfers, property records, or other financial documents. If funds were taken for personal use without authorization, it could be considered breach of fiduciary duty or financial exploitation. Florida law allows courts to investigate and potentially require repayment if an agent misused their authority. More information about protecting assets and preventing financial exploitation can be found here: https://juradolawfirm.com/estate-planning-protect-you-against-elder-exploitation-in-florida/ To determine what happened in your situation, an attorney would usually review the original power of attorney document and obtain financial records from the time your mother was managing your finances. Once those records are reviewed, it becomes possible to determine whether the money was handled properly or whether legal action may be necessary.... Read Answer
Under Florida law, a power of attorney allows someone (called the agent) to handle financial and legal matters for another person (the principal).... Read Answer
If you are still owed any of your retroactive benefits from the time you were approved, they should be able to see that as a pending underpayment. The local SSA office is the best source for resolving your issue.  First, I would find your SSI Notice of Award and compare it to all the deposits you received that made up your back pay.  It sounds like you had a lawyer, so they would have received 25% of the back pay.  There would be no reason for them to "cheat you out of it".... Read Answer
If you are still owed any of your retroactive benefits from the time you were approved, they should be able to see that as a pending underpayment.... Read Answer
The statute of limitations is typically two years in Georgia for personal injury claims, but there are shorter exceptions. I would recommend that you consult with an experienced accident lawyer who is licensed in Georgia ASAP. There are so many things that can go wrong in an accident claim without the advice of counsel. Most car accident lawyers offer free consultations where you can ask questions, and let the attorney gather information about your accident and injuries so that he or she can best guide you. And until you consult with a lawyer, I would suggest that you stop speaking with the insurance adjuster and do not give a recorded statement. In my experience, these statements are not for your benefit, they are for the benefit of the insurance carrier. Disclaimer: This response is for informational purposes only and does not create an attorney-client relationship. Please consult with a lawyer licensed in Georgia as soon as possible.... Read Answer
The statute of limitations is typically two years in Georgia for personal injury claims, but there are shorter exceptions. I would recommend that you... Read Answer

Dwi

Answered 3 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Law
I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already been procured and provided. I know that we have our clients do these things very early in their cases and provide it before the plea even occurs so there are never any licensing holdups. You've got quite a hole to dig out of here and it would make sense to get a lawyer on the job to work for you!... Read Answer
I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already... Read Answer
Fraud is a basis upon which a party to a contract can sue for recission of a contract. You would have to prove that a material misrepresentation was made, that you relied on that to your detriment and that you suffered damages as a result of that reliance. 
Fraud is a basis upon which a party to a contract can sue for recission of a contract. You would have to prove that a material misrepresentation was... Read Answer
Greetings: It appears you would like to know how to avoid costs and fees when found in contempt.  In New York, costs and fees are generally awarded to the moving party when there is a finding of contempt.  Accordingly, to avoid such an award, the best strategy is to avoid the finding in the first place.  If that opportunity has been missed, then the next strategy is to demonstrate compliance with the contempt order (i.e. purge the contempt).  Compliance must be clear and convincing.  There generally are no other opportunities to avoid costs and fees.  In short, do not ignore a subpoena and if it happens, contact a good New York lawyer to assist you in minimizing any subsequent problems that arise.... Read Answer
Greetings: It appears you would like to know how to avoid costs and fees when found in contempt.  In New York, costs and fees are generally... Read Answer

i485 form

Answered 3 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Immigration
If you are a United States citizen over the age of 21 and you are sponsoring your mother for a green card through adjustment of status, she should remain in the United States. If she leaves the country, her 485 will be considered abandoned, and she will have to start over again.
If you are a United States citizen over the age of 21 and you are sponsoring your mother for a green card through adjustment of status, she should... Read Answer
If there are no unpaid debts and all heirs will sign off to acknowledge unanimous agreement on the distribution of all assets, you should be able to file a Petition for Order Declaring No Administration Necessary.  It is form 9 here: https://www.gasupreme.us/probate-court-standard-forms/    ... Read Answer
If there are no unpaid debts and all heirs will sign off to acknowledge unanimous agreement on the distribution of all assets, you should be able to... Read Answer

Should i pursue this matter further?

Answered 3 months ago by attorney Jason Turchin   |   1 Answer
Sorry to hear about the incident. You chould have a case. It often depends on whether you have documented injuries or how bad they are as to whether it is worth pursuing. If you have any medical treatment, consider reaching out to a personal injury lawyer to evaluate the case. If you didn't let the restaurant know yet, consider also letting them know in case you do need to pursue this further. It can also put them on notice of the issue.... Read Answer
Sorry to hear about the incident. You chould have a case. It often depends on whether you have documented injuries or how bad they are as to whether... Read Answer
I would recommend you contact a work injury lawyer in your area ASAP. Work comp laws and case values can vary greatly from state to state. Further, there could be notice requirements that need to be complied with in Alabama, or in whichever state that your work injury claim can be pursued.  Disclaimer: Please be advised that this response does not create an attorney-client relationship, and you should contact a lawyer licensed in your state to discuss your specific situation.   ... Read Answer
I would recommend you contact a work injury lawyer in your area ASAP. Work comp laws and case values can vary greatly from state to state. Further,... Read Answer
Thank you for reaching out with your concerns regarding your upcoming travel. As a Green Card holder, maintaining your residency status and understanding the rules for international travel are vital. This is a situation where the distinction between "traffic law" and "immigration law" is very important. While traffic violations are usually civil matters, anything involving a court date or a suspended license can feel risky for a Lawful Permanent Resident (LPR). Important Points to Consider: Most traffic tickets (speeding, stop signs) are civil infractions, not crimes. Immigration officers at the airport are primarily looking for criminal convictions, specifically those classified as "Crimes Involving Moral Turpitude" (CIMT) or aggravated felonies. Generally, a suspended license for unpaid fines does not fall into these categories. The biggest danger for travel with a pending case is a Bench Warrant. If a person misses a court date, a judge might issue a warrant for their arrest. CBP officers see active warrants immediately when they scan your passport. Since you say the judge moved the date to April 2026, there should not be a "Failure to Appear" warrant on your record—but you should verify this with your traffic attorney before leaving. Because your case involves a specific timeline and a pending court case in 2026, we strongly recommend that you Schedule a Free Consultation with us. This will allow us to provide personalized legal guidance specifically tailored to your situation to ensure your return to the U.S. is successful. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer
Thank you for reaching out with your concerns regarding your upcoming travel. As a Green Card holder, maintaining your residency status and... Read Answer

General

Answered 3 months ago by attorney Maria-Costanza Barducci   |   1 Answer   |  Legal Topics: Immigration
Thank you for your inquiry. This is a sensitive situation that many families navigate, and understanding the legal landscape is the first step toward clarity. Here is a general overview of the legal considerations regarding your query: The Status of the Baby Generally, a child born in the United States is a U.S. citizen at birth, regardless of the immigration status of the parents. Therefore, the father's status should not prevent the baby from being recognized as a U.S. citizen. Potential Family Challenges While the baby’s citizenship is typically secure, the father's lack of legal status may present challenges for the family unit. Potential issues often involve: Family Reunification: Our firm specializes in family reunification and can explore legal avenues for keeping families together. Pathways to Residency: If applicable, our firm provides guidance on obtaining a Green Card through marriage, which may be a relevant factor for the parents' future. Compliance: Our team offers compliance guidance for international movement and helps manage residency challenges. Because immigration matters are highly individualized and depend on specific facts not provided here, we recommend scheduling a consultation to discuss your daughter's specific situation in detail. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer
Thank you for your inquiry. This is a sensitive situation that many families navigate, and understanding the legal landscape is the first step toward... Read Answer
You can either pursue a fiancé visa or a spouse visa. You should retain an attorney to handle the case from start to finish. Some of us charge a very affordable flat fee for this service. You can retain an attorney in any jurisdiction as immigration law is practiced worldwide.
You can either pursue a fiancé visa or a spouse visa. You should retain an attorney to handle the case from start to finish. Some of us charge... Read Answer