Delaware Recent Legal Answers from Lawyers

It is possible that bringing a suit many years after the statute of limitations had passed could be considered malicious prosecution, especially if the same claim had previously been dismissed on limitations grounds.  It is also possible that, if the claim is obviously time-barred, a Court may sanction the plantiff and/or his/her attorney for prosecuting a frivolous action.  Barring such egregious circumstances, however, I don't think you have a case.... Read More

I suggest that you seek some other route for your U. S. immigration. The 10 year green card is for those who can show that they have been present in this country for 10 years, have good moral character, and demonstrate that their removal would cause exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, child, or parent. The relief is sought not with U.S.C.I.S. but with the immigration court. In order to bring your case before the immigration court, you must be illegal. In the event that you manage to have your case in front of the court, relief may take years and the consequence of failure is usually an order of removal.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

To become a citizen, a foreign national usually has to become a lawful permanent resident first. Most permanent residents have to wait five years to apply for citizenship (can apply 90 days before the eligibility date) although those who are married to US citizens and living with them constantly can do it in three. A permanent resident must be physically present on US soil for at least half of the time and be a person of good moral character.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

Technically, no.  If the money is owed to your ex-husband's estate, it is the estate (i.e. whomever has been appointed by the Court as the executor/executrix or administrator/administratrix of the estate) which can bring suit, not you.  In some circumstances, the direct beneficiaries of the estate (i.e. his two children) may be able to sue directly, but I am not sure if they can do so under these circumstances in Delaware.  If so, however, and if the children are minors, you may, if you are their guardian, be able to sue on their behalf.... Read More

Ask a local lawyer. I am not sure about this but under the UCC you may have been a holder in due course and good faith and therefore not liable for the bank's problem. This is of course, if you are in good faith. if you knew you shouldnt have received the check, you do not have good faith. ... Read More

You should repost this question in an employment law section, it doesn't really involve any intellectual property issues.  My best recollection from law school is that most people are employees-at-will (if you have an employee handbook, it probably mentions this) and can be terminated without cause (and without good cause). If you are part of a union, then it becomes something to discuss with them. You will get better answers from an employment attorney. I hope you are ok.... Read More

Yes, you should engage an attorney to find out your rights. IF you are named on the box as co-tenant, depending on how it is titled, you either own all the contents of the box or half. IF you are not co-tenant, then you do not own contents unless there was some beneficiary designation to the box. You need to employ an attorney to find out what your ownership rights are.... Read More

It sounds like you are going to need to retain an attorney. I think you have an interesting question, and I could not give you an answer, without some additional research. It may depend on the agreement that was signed when the box was opened. It is worth hiring an attorney to pursue this, if the contents of the box were valuable. This was not a very good estate planning tool, in any event. Your grandfather should have made clear in his Will that the contents of the box were to go to you.... Read More

Looks like you will need to obtain a probate litigation attorney to represent you in probate litigation against the administrator of the estate, as the bank is correct, you are a co lease of the boxes, and are entitle to the contents. Question, why didn't you have a copy of the keys to the boxes?... Read More

As you are now a United States citizen, the government would have the burden of proof to show that any misrepresentation that you made was material if it wished to take back your U. S. citizenship. For example, if you decided at this time that you wish to change your birth year on all your documents and to set the record straight, there is a chance that DHS may become involved and ask the reason for which you did not disclose the true year of your birth when you were applying for your permanent residence or naturalization. If the true date of birth would have had any influence upon your ability to obtain permanent residence, e.g. immigration under another category was only possible through the change of year, such would be considered a material misrepresentation. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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