California Recent Legal Answers from Lawyers

A spouse, whether married for a day or over 20 years, is entitled to an elective share of the deceased spouse’s estate. This right applies even if the will disinherits the surviving spouse. The elective share means that the surviving spouse can either accept what is provided for them in the deceased spouse’s will or, if the will either grants them property or excludes them entirely, they are entitled to automatically receive at least 30–35% of the deceased spouse’s estate. The only exception is if a prenuptial or postnuptial agreement explicitly excludes the spouse from claiming an elective share, and the spouse has legally executed the agreement.     ... Read More

If mom is overseas, and you have a pending I 130 immediate relative petition, you will be required at some point to upload an 864 affidavit of support to prove that you financially can sponsor your mom. If you have lost your job, then you should retain a joint sponsor who does have the financial ability to sponsor mom. ... Read More

There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the immigrant visa. 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 More

It is difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has no other problems, a US citizen child over the age of 21 could possibly help him apply for adjustment of status through filing for him on form I-130 petition for alien relative and him submitting form I-485 adjustment of status application to permanent residence. If he came in without inspection and has had no problems with crime or fraud in obtaining immigration entry or benefits, he could be eligible for the I-601A program which would start with the child petitioning for him on form I-130; upon approval, your father applying for an I-601A application for a provisional unlawful presence labor; and upon approval returning to the home country for an immigrant visa interview with the local US consulate. 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 More

In California, the rights of unmarried couples living together (cohabitation) are different from those of married couples.  Since your mom wasn't married to her boyfriend, she doesn't have automatic rights to the house, even though she lived there for 15 years.  However, there are some legal considerations that might come into play, such as cohabitation agreements or implied contracts. If there was a verbal or written agreement about property sharing, it might be enforceable.  It's best to consult with a family law attorney who can provide specific advice based on the details of the situation.... Read More

Hello Mr. Mitchell, this scenario is actually quite common.  My firm has handled many of these matters and taken quite a few to trial when necessary.  The law for elder abuse is slanted against your sister and that is a good start for you.  Please reach out to me with additional information and we can discuss details.   Sincerely, Jeff Czech, Esq.... Read More

At this stage, probably the best thing to do (unless you receive word from the embassy to upload the support documents) is to have your spouse bring in an updated signed I-864 with documents by you. If you find a new job and have documentation of such, you can show that in the updated I-864. If you do not have a new position, it would probably be best to add a signed I-864 with documents by a joint sponsor. An updated I-864 should not delay adjudication if it is clear that there is sufficient financial support. Please note that this is general advice and that we do not claim to know any local rules or practices of the embassy in the Philippines. 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 More

Although I'm a Maryland child custody lawyer, I do know that, in California, when a court order specifies that holiday schedules supersede regular visitation, the holiday schedule takes precedence. If your court order granted you custody on Thanksgiving from 9 a.m. to 6 p.m., your custodial time for that holiday would have ended at 6 p.m., even if it overlapped with your regular visitation. Continuing the exchange at 6:30 p.m. may be viewed as a deviation from the court order. However, disputes like this often arise due to ambiguities or misunderstandings in parenting plans. To avoid future issues, it's a good idea to clarify any conflicts between holiday and regular schedules with the court or through a stipulation with the other parent. Consulting a California child custody lawyer can help ensure your actions comply with the court order and protect your rights if further legal action is taken.... Read More

I’m sorry to hear about the challenges you’re facing. While the situation is emotionally charged, it’s important to focus on the facts and your legal rights. Here’s what you need to know about their threats: Wedding Costs:In California, the cost of the wedding is generally not something either party can sue for after a marriage. Weddings are considered gifts, and courts typically don’t allow reimbursement for voluntarily incurred expenses. Money Given During the Marriage:California is a community property state, meaning that assets and debts acquired during the marriage are typically shared equally. However, this doesn’t include gifts or expenses that were willingly provided during the marriage. If your husband gave you money, it would not typically be recoverable unless it was clearly documented as a loan. Defamation or Slander:If their accusations cross into false and damaging claims about your character that can be proven as untrue, you may have grounds for a defamation claim. Consult an attorney to explore whether their behavior meets the legal threshold for slander or libel. Legal Recourse:Your husband and his family can threaten to sue, but most of these claims would not hold up in court. However, given the emotional nature of the situation, it’s wise to protect yourself legally by documenting all interactions and seeking advice from a family law attorney. Although I’m a Maryland divorce lawyer, I frequently counsel clients to focus on what’s legally enforceable versus emotionally charged threats. In your case, a California divorce attorney would be the best resource to guide you through the process and ensure your rights are protected.... Read More

In California, the court requires full disclosure of all assets and debts during the divorce process, including in a Summary Dissolution. If your assets exceed the property limits and you proceed without disclosing them, there could be serious legal consequences: Potential Annulment of the Agreement:If undisclosed assets are discovered later, the court could invalidate your agreement. One party could reopen the case, leading to additional legal proceedings and potential penalties. Legal Sanctions:Failing to disclose assets can result in fines, attorney fees, and other court-ordered penalties. California courts take transparency in financial matters very seriously. Risk to Mutual Agreements:Even if both parties agree now, this agreement may not hold up if one party changes their mind or challenges the terms later, especially if there’s evidence of concealed assets. Court’s Access to Financial Records:If disputes arise or the court suspects misrepresentation, it has the authority to subpoena financial records and uncover hidden assets, including bank accounts. Although I’m a Maryland divorce lawyer, I often emphasize to clients in similar situations the importance of full disclosure in any divorce process. Courts across the country, including in California, prioritize transparency to protect both parties and avoid future disputes. For California-specific guidance, it’s best to consult with a licensed California attorney to ensure compliance with state laws.... Read More

In the scenario described, you and your spouse can travel to Mexico and re-enter the U.S. before the expiration of the spouse visa (November 22, 2024).  When the spouse re-enters the U.S., the Customs and Border Protection (CBP) officer will consider your H-1B approval notice. Your spouse's I-94 will typically be granted on the validity of the H-1B approval, allowing her to remain in the U.S. for the duration of the H-1B status.  However, the pending I-765 may be at risk of abandonment if your spouse travels while it is still pending, and she may need to file a new application for employment authorization after re-entry. It is advisable to consult with an immigration attorney to navigate these processes and ensure compliance with immigration regulations. ... Read More

If your US citizen father filed an I-130 petition for you, it was either under the F-2B category if you are single or F-3 category for married sons and daughters of US citizens. Currently in November 2024, only those who filed petitions in the F-2B category before 5/1/16 are being given final immigration interviews, and for the F-3 category, those who filed before 4/15/10. Unfortunately, only Congress has the ability to make waiting times shorter by increasing the number of individuals who can immigrate to the US – but as you are probably aware, increasing the quota is not politically popular at this time. USCIS has the ability to expedite the adjudication of an I-130 petition under certain conditions, but expediting the petition does not make the overall waiting time shorter. Even if the I-130 petition was approved today, you would still have to wait for your priority date to become current in order to immigrate under your category. If the waiting time is too long, you may attempt to explore any other options with an immigration lawyer. 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 More

HIre an intellectual property attorney to help you.  Yes, using quotes from "Seinfeld" on your T-shirt designs can pose legal issues because "Seinfeld" is copyrighted, and the quotes are considered part of its intellectual property. Here’s a breakdown of the potential legal concerns: 1. Copyright: Quotes, catchphrases, and other dialogue from "Seinfeld" are protected by copyright. Even short quotes can be protected if they are considered unique to the show’s characters and storyline. Using copyrighted text, like "Seinfeld" quotes, without permission could lead to claims of copyright infringement. 2. Trademark: Certain well-known phrases and catchphrases from the show may also be trademarked, especially if they are closely associated with the show's brand or marketing. Using such quotes could potentially infringe on these trademarks. 3. Licensing: You would typically need to obtain a license from the rights holders (likely Warner Bros., which owns the rights to "Seinfeld") to legally use quotes or other recognizable elements from the show on commercial products like T-shirts. Licensing can be complicated and costly, but it’s the best way to avoid legal risks if you intend to use "Seinfeld" quotes for profit. 4. Fair Use: In certain cases, limited use of quotes may fall under fair use, particularly for commentary, criticism, or parody. However, fair use is not generally applicable to commercial products like T-shirts, especially if they’re simply displaying quotes for profit without transformative elements. Alternatives: If you want to capture the spirit of "Seinfeld" without direct quotes, consider designing original phrases or concepts inspired by the show without directly using its content. This approach is safer but still requires care to avoid directly imitating or referencing trademarked characters or scenes. Conclusion: To legally use "Seinfeld" quotes on T-shirts, you would need permission from the rights holders. Without such permission, using copyrighted material poses a risk of infringement. For guidance on alternative approaches or licensing options, consulting an intellectual property attorney can help ensure your designs comply with copyright and trademark laws... Read More

Although the time on the notice of action has expired, your case can move forward. We recently completed a case in which it took six months from the date of expiration of the notice of action before the fiancée had the interview at the American Consulate. 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 More

Yes, in California, sellers have a legal duty to disclose if a murder occurred in the house. This was established in the case of Reed v. King (1983). In this case, the court ruled that sellers must disclose facts that materially affect the value or desirability of the property, including non-physical defects like a history of violent crime. The court emphasized that such information is not readily observable by the buyer and is known only to the seller Reed v King,  145 Cal. App. 3d 261 (1983)... Read More

Depends on how they entered the country, it might possible that they do not need to do AP. For example if they came under a VWP and then overstayed. I recommend talking to an attorney to see if they can adjust without having to leave the country.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

You can certaininly apply for a tourist visa first. That will allow her to stay in the country for 6 months. You can file for a fiance visa while she is in the US. However, there are limitations about time of filing. We recommend waiting 90 days. Additionally, keep in mind that Fiance visa takes a long time to process.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

Generally speaking, individuals who have expired their programs are allowed up to five months to transfer into another F-1 student program. As the starting date for your program is within the five month limit, I do not believe that you should be worried about what your profile looks like. 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 More

In the instructions on form I-130, USCIS appears to want that the information of the passport or travel document used by the beneficiary at the time of entry into the US. If your grandmother used two passports at the time of entry, you should probably put down the information on the unexpired passport used at the time of entry since that was the passport upon which she was admitted. You would put the information on the line used for passport number, leave out travel document number since that would be the passport anyway, and give the expiration date of the unexpired passport. 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 consequenc... Read More

Yes you need to take the title report seriously.  Each item listed in Schedule B is a item that effects your property.  If someone has mining and oil rights , yes they can mine however they would have to cooperate with you.  The devil is in the details and you should have someone read the mining deed.    David... Read More