Indiana Recent Legal Answers from Lawyers

So if you are a United States citizen over 21, you can petition for your mother for her green card. If she has overstayed her visa by more than one year, then she can't come back to the United States for 10 years. So if mom has been outside the United States for more than 10 years, I don't see how she would have to file a waiver. But before you file a case, and spend all the filing fees, make sure that you Have a lawyer review the entire file and all the facts involved before taking legal action. ... Read Answer

A person who has applied for naturalization is allowed to travel outside the country during the pendency of the application. Absences should be short as immigration officers look at absences after filing in addition to the physical residence period prior to submission of the application. 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 Answer

While only your parents can change their mutual Will (or the surviving parent make a new Will if there is no written agreement saying they will not), a beneficiary cannot act as a witness without foregoing their inheritance.  Wills should be witnessed by people who will not inherit to make sure that they are the free act and deed of the people making them.... Read Answer

Probably.  Hire a probate lawyer who practices in the county to represent you.  If the title company agrees, you may be able to record an Affidavit of Heirship followed by Special Warranty Deeds of Gift from your siblings to you.  If not, you must probate (prove) the estate and then record a Distribution Deed to all the heirs followed by Special Warranty Deeds of Gift from your siblings to you.... Read Answer

You will have to work through Child Protective Services.  If the parents' rights cannot be terminated (which takes a long time in any event), you may be able to get a status less than guardianship but one which still gives you custody.  Please discuss this with a local family law attorney,... Read Answer

A Will has no legal effect until it is submitted for probate (proving that it is the Will of the person who died).  It then becomes a public document.  Some counties have these online.  In others, anyone can contact the probate court.  There is no requirement that a beneiciary be notified or given a copy of the Will until after it is admitted to probate.... Read Answer

Determine whether (1) you have evidence admissible in court, (2) the cost of suit will exceed the fair market value of the items, and (3) the items will have disappeared by the time a court reaches a verdict.  Note that you do not need a lawyer for small claims or justice of the peace court.... Read Answer

If there was a Will and it was submitted for probate, it is a public document.  Contact the local probate court. If there was no Will or if there might have been but it was not submitted for probate, hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration and seek appointment as administrator of yuour father's estate. ... Read Answer