Kentucky Recent Legal Answers from Lawyers

If your boyfriend applies for a visa intending to visit but conceals his real intent which is to get married and stay here permanently, that is technically immigration fraud. Work with an attorney to make sure that your case is processed correctly to avoid needless delays or worse, an outright denial. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee. ... Read Answer

A patent search is an examination of patent databases for patents similar to the technology that is the subject of the search.  The purpose of the patent search is to locate related art that might be prior art to the invention.   In your case, you are interested in a freedom-to-practice search.   If prior art is found in a valid and enforceable patent that fully anticipates the invention in question, you will not be able to practice the invention without a license from the patent owner.   If prior art is found that might render the invention obvious, it is often worthwhile for the inventor to determine whether the owners of that prior art may assert a claim against practicing the invention in question.   Determinations of novelty and non-obviousness are made based on law applied to the facts of the invention and the prior art.  To be of value to the inventor, the results of a patent search should be accompanied by a written opinion of their significance by a registered patent professional (attorney or agent).   Please contact our firm is you wish to retain us to conduct a patent search for your invention.  abc@claibornepatent.com  ... Read Answer

Asking ain't getting.  You are not responsible for the funeral bill.  Talk with a local probate lawyer to determine whether under Kentucky law the home was your mother's separate property (because it was a gift) and how to buy out your stepfather or demand that he buy you out in a suit for partition.... Read Answer

Hello Missy.  If you don’t meet the minimum income requirements you can enlist a joint sponsor who can file with you. Discuss with counsel. Some of us charge very affordable flat fees to represent you from beginning to end to make certain the case results in a successful outcome. Counsel anywhere in the USA can represent you. Call to discuss.... Read Answer

Record the deed.  Title passed when the deed was signed, not when it is recorded.  I am assuming the deed gave you and your husband title with right of survivorship.  If that is the case, you become the sole owner.  If there is no survivorship, you will either have to have your husband's interest pass to you through probate of his will, or if he died inestate (without a wlll) by an affidavit of descent to be recorded in the real estate records.  ... Read Answer

If you loan someone money and he doesn't pay  you as agreed, he is in breach of contract, promissory note or not.  The note serves as evidence to prove the contract and its terms.  However, it cannot be determined whether it is legally enforceable without knowing whether the debtor has any defenses to the contract (e.g. he may claim it was entered into under duress, that he was defrauded into entering it, that it is usurious, that he was not of legal age or mentally competent when he agreed to it, that you forgave the debt at some point etc. etc. etc.)  The better drafted the  promissory notes were (for example did they include merger clauses stating that they represented the entire agreement between the parties, superceded any previous oral or written agreements or representations, and couldn't be changed except in writing signed by both parties?), the better your chances of defeating any defenses.... Read Answer

The answer to both questions is yes (not necessarily taking the money out of the disability check automatically, but compellng some arrangement to make sure that the loan is paid), but that doesn't necessarily mean that you have an open and shut case.  It sounds to me that you were a surety for your daughter and her husband, and are entitled to be reimbursed by them for any payments you had to make.  However, a court might well hold that, as between the 3 of you, your son-in-law would only be responsible for half of the payment.  Also, if your daughter is now living in the house without your son-in-law, a court may think that she is the one getting the benefit of the loan, and shoudl be the one ultimately responsible for paying all of it.  These are issues that may best be worked out in a matrimonial proceeding between your daughter and son-in-law.... Read Answer

Under Kentucky law, if she disclaims the devise, it will pass "as if she predeceased" your brother   So you must first look at his will to see what is provided regarding devises or bequests to people who predecease him.   Many times, the will provides that  if a recipient predeceases the testator, the devise or bequest passes to the person's children or descendents.  If the will does not say this, Kentucky statutory law says that it would pass to the children unless a contrary intent is exprssed in the will.     In any event, whether your sister-in-law or her chidren ultimately get the share, they will pay inheritance tax so her disclaimer is really irrelevant  ... Read Answer