District of Columbia Recent Legal Answers from Lawyers

I'm not sure what you mean about "validity".  A cease and desist letter is not a court order; it is simply a letter, in this case written by an attorney (apparently) representing a party who claims to be aggrieved.  You are under no obligation to obey a letter, although to the extent that the activity complained about is later deemed by a court to be wrongful, and you continue it after being put "on notice" by the letter, it could affect a Court's view of your conduct and the amount of any award against you.  I know of no requrement, ethical or otherwise, that requires a lawyer to write letters on letterhead, although I agree with you that it is unusual for such a  letter not to be on letterhead, and you may be right to question whether the author is actually an attorney.... Read More

Amending your complaint is separate from discovery, although you should be careful to include the additional amounts in response to any inquiry about damages.  You may not need to amend simply to claim additional damages, but you may not want to chance it.  You would make a motion seeking leave to amend your complaint.... Read More

It depends on what you are hoping to accomplish. Some people want to probate a will. For Probate Administration you would need an attorney familiar with the probate procedure and descent  in the particular state. Whereas any lawyer licensed in the particular state may be able to draft the will, you would want someone familiar with the laws of descent in your state. Other factors are involved for instance if there is out-of -state property.... Read More

You are legally in compliance with selective service law and should be able to obtain verification from the agency that an individual who is in valid nonimmigrant status in the US at the age of 26 is not required to register for selective service. All other individuals including those who are illegal should register. 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

This response is intended a general information only and no attorney-client relationship is being formed.   According to DC Code Section 20:701 (a), you, the beneficiary are an interested person in the estate. As an interested person you may at any time petition the Court for an Order resolving a controversy arising in the course of the administration of the decedent's estate. Your sister is required to account to you at appropriate intervals on the administration of the estate. You are entitled to an accounting. A personal representative can be removed if she breaches her fiduciary duty.... Read More

This response is intended as general information only and no attorney-client relationship is being formed.   Generally, "powers of attorney" are revoked after the death of the grantor. Actions taken after the death of the grantor generally can be set aside. However since you knew the grantor was deceased and used the power of attorney, equitable remedies may prevent you from benefitting from the transaction. The re-financed loan may be held to be enforceable under equitable principles of unjust enrichment or other equitable remedies. Many factors have to be considered in such a case. There is no "one" answer. If your mother's only assets was her home, title may have passed to you subject to paying off the mortgage. However other possibilities exist. The original mortgage may have converted the joint tenancy into a tenancy in common. Without reading all the documents involved, no definite answer can be given. Also consider, that with the help of a lawyer, the Mortgage Company may be willing to reach some lower settlement of the unpaid mortgage.  ... Read More

In the District of Columbia, legal title to property does not pass directly to heirs. It is passed to the personal representative. To obtain property given to you under a will, most likely you will need to go to probate. See, DC Code Section 20: 105. This response is inteneded as general information only and no attorney-client relationship is being formed.... Read More

All visitors to the United States under visitors visas or visa waiver program should have nonimmigrant intent – that is, that they should not intend to stay in the country past their period of visit. In the event that a Customs and Border Protection (CBP) officer has doubts on the score, it is the burden of the entrant to show sufficient ties to the home country to convince the officer that he or she will return. Any of the steps that you have outlined to show your nonimmigrant intent would be okay along with items such as bank account or personal or real property in the Czech Republic. Even without such proof, most CBP officers would not give you a hard time if you have not been abusive of the visa waiver program in the past. Also you may be lucky enough to be in the inspection line of an officer who is kind to visitors around Christmas time. In answer to your question of the repercussions if you travel to the US and are deported, you would be barred for five years if such occurred upon entry at the port of entry and for 10 years if you were admitted to the country, got yourself into trouble with the Department of Homeland Security later, and were ordered deported by an immigration court. 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

You stated there is a rental agreement in place.  You also stated that she knew from the beginning that you wanted to list your condo for sale.  Therefore, there should be a provision in the lease that states your intention to sell and to end the lease early.  If you didn't insert that provision or an early termination provision that you have properly exercised, you will have to wait until the term of the lease is up to move forward.   Of course, you will be required to give proper written notice of your intention not to renew the lease before it expires.  If you need more information about notices of nonrenewal and the eviction process, go to Guide to Eviction This guide is published by the DC Office of Tenant Advocate. ... Read More

Your question is not a matter of immigration law but rather family law. You could file a court action seeking custody and/or visitation. The problem is that you will need to locate your child and former partner. To have jurisdiction in such cases, most courts require the child to live in the area where the case is filed. Your former partner will also need to be served. I encourage you to consult a family law attorney.... Read More

In DC, you will have to file a motion to modify custody.  (DC Code 16-914(f))  In your motion you have to detail why you believe this is a substantial and material change in circumstances.  You must also explain why it is in the best interest of child to live with you at this point.   The fact she no longer lives with the father, but with an ex-girlfriend should qualify as a substantial and material change in circumstances.    You file in the state that issued the order, assuming the child still lives in that state or had lived in the state six month prior to filing for the petition.  If you don't want to hire an attorney, you may be able to download the forms from the court's website.  Otherwise, call the clerk's office to determine if you can walk in and pick up the packet. If you plan to file in DC, the DC Bar has free legal information at https://www.dcbar.org/pro-bono/free-legal-help.cfm .  Although you may not qualify for a pro bono attorney, the website also has free legal information and forms online that is available to everyone. This includes a 25 page handbook that covers family law issues.  This should be helpful in answering most of your questions.   See http://www.lawhelp.org/files/7C92C43F-9283-A7E0-5931-E57134E903FB/attachments/B59386E1-BCFD-4AE8-99A6-8C4F08342AAD/dr-handbook-for-self-represented-parties.pdf .  Once you review the information that is relevant to you, you may be able to handle it yourself or you may need assistance.   ... Read More

1. Your husband has a chance to obtain a visa but how much of a chance depends upon how much unlawful presence he accrued, whether he complied with his voluntary departure order, and the offenses for which he was issued administrative violations.  2. No, applying together will not increase his chances of obtaining a visa. Each visa application is adjudicating on its own merits. 3. Applying separately will not improve his chances of obtaining a visa. I encourage you and your husband to consult an attorney to assess his visa eligibility in more detail.... Read More

There is no way around this requirement. You need to either establish sufficient income and/or assets to meet the requirements or have a joint sponsor. You may want to expedite filing of your taxes if the income would be sufficient. You can read more about the public charge issue at http://myattorneyusa.com/public-charge.... Read More

Hello. Simple assault should not result in a ground of inadmissiblity for returning to the US, however to be certain I would need to see the court document. Please email or fax me your document and I'll advise you if your conviction will effect your opportunity for returning to the US.  Also provide me with your deportation paperwork.... Read More

You do risk triggering an unlawful presence bar when departing the country. However, more information is needed to determine if it will be an issue for you. There there are many organizations that provide pro bono services to those seeking U visas. I understand you have already been approved but they may be able to help you so you can travel outside the country.... Read More

Yes, you can sue him.  Even if there was no dispute that you owed him money, he  has no right to take your things until and unless he sues you, a court awards him a judgment, and he follows legal collection procedures.  However, he may also sue you for the money he paid Ms. Lucille.  You claim that this was a gift to you, and you have no obligation to repay gifts.  However, he may claim either that:       (a) he guaranteed to Ms. Lucille that you would pay the money, and therefore, as guarantor, is obligated to pay Ms. Lucille if you don't, and can sue you for the money; and/or      (b) that he bought Ms. Lucille's claim against you by paying back the remaining money.... Read More

That depends on how the theft was accomplished. If there was fraud involved, the statute of limitations (the period of time during which the prosecution can file a case against you) starts once the fraud is discovered. If there was no fraud, the statute may have expired and you may be in the clear. However, you MUST talk with an attorney about this. Do not rely solely on questions to an internet forum. Good luck.... Read More