Indiana Recent Legal Answers from Lawyers

Banks ordinarily do not look for or keep records of next of kin or hold money for them for nine years.  "Open beneficiary status" would seem to indicate that the account was not payable on death to you.  It would then have passed to his estate.  Ordinarily, his estate would have closed five years ago. There are folks out there who, for a fee, offer to find and help you collect a supposed inheritance.  Dream on.... Read Answer

A guardian of the estate (conservator) is rarely appointed when an agent under a Durable Power of Attorney has not violated her fiduciary duty.   A guardian of the person (determining residence, etc.) is rarely appointed when there is an agent under a Medical Power of Attorney.   In some states you do not need to be represented by an attorney to oppose a guardianship but do need to be represented by an attorney to oppose an applicant.  Contact your state bar to find an attorney to represent you.    ... Read Answer

The agent under a Medical Power of Attorney, not the agent under a Durable [Financial] Power of Attorney has the authority to admit the person granting the POA to a facility.  Facilities often ignore this either because they do not know the law or because they know the DPOA agent has access to funds to pay them.  Moreover, other than a guardian of the person, no one but your sister-in-law has the right to say where she lives.  She can leave at will. Her husband would have priority both in making medical decisions for her in the absence of a Medical Power of Attorney and in applying for guardianship.   Whether your sister-in-law can receive adequate hospice care at home is another question.  There are four levels of hospice.  Not every company provides all four.  Your brother might want to investigate this before arguing that she should be allowed to die at home.  ... Read Answer

The purpose of OPT is for an individual to receive training in the US. The total time that an individual can be without work during OPT is 90 days, and during a STEM extension, 150 days. Persons who take extended trips out of the US could face extended questioning by CBP when reentering the country. An individual on OPT must have a valid EAD to return, so leaving the US during the extension application period would cause problems. 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

You will need to discuss personally with a criminal defense attorney.  You will need to hire an attorney or request a public defender.  What may happen depends on many factors. Including, the specifics of the prior, if you were on probation, what is alleged about the new crime, the county you are in etc. ... Read Answer

Not sure if you were charged with an infraction or misdemeanor but speak with an attorney asap.  You do not want to plead guilty to DWS as you can suffer additional suspensions plus the points on your license.  Call attorney to discuss how to handle this and clearing up your record.... Read Answer

There are two bases for federal court jurisdiction, diversity of citizenship and federal question.  In the abstract, if you sue someone in their home state, they can't remove to federal court on the basis of diversity jurisdiction, but could sitill remove if the suit involved a queston of federal law, for example if you allege that your adversary violated some federal statute.  If you sue in your home state, teh case can be removed to federal court assuming that the other requirements for federal diversity jurisdiction are met (e.g. a sufficient amount in controversy)  In your case, however, having already sued in one case, you cannot bring another case alleging the same claims, as it would probably be dismissed because of a prior action pending. ... Read Answer

Did she have full coverage insurance?  If so turn it over to her carrier and let them deal with.  They will pay to repair car and if they want can go after the repair shop.  If no full coverage she can bring a claim against the repair shop but must be able to prove what went wrong with the car and that the repair shop was the cause. ... Read Answer

I would first request a copy of the Stipulation agreement hey claim you signed.  I would then make sure that you validate the debt along with the dollar amount they claim you owe.  Also, make sure to document your conversations.  I would also review the FDCPA laws in your state to protect yourself if in case they begin to threaten the likes of litigation, liens etc.. Feel free to call our office is you need help.  We aree a FREE SERVICE.   Legal Rights Advocates Attorney Scott F. Bocchio P 855-254-7841 www.yourlegalrightsadvocates.com          ... Read Answer

Absolutely, file the appeal and let the SSA determine if your son is eligible.  You have the right to file that appeal and should take full advantage of it.    Feel free to call my office if you have any additional questions. Sincerely,   Attorney Scott F. Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read Answer

You should apply for Social Security Disability and see if your eligible.   Our office would be happy to assist and answer  any questions you may have regarding the process.    Sincerely,   Attorney Scott F. Bocchio P 855-254-7841 www.yourlegalrightsadvocates.com ... Read Answer