Kentucky Recent Legal Answers from Lawyers

If you are boyfriend and girlfriend, your friend may obtain a Fiance visa and immigrate to the US when said visa is issued by the consulate in Ghana. That visa, however, is good for only 90 days, and the two of you must get married within that time period. Once married, he can adjust status to that of lawful permanent resident. I would need to know more about your criminal past, but I dont think it would pose a problem. Also, one of the requirements for the issuance of the Fiance visa is that the two of you must have physically met. ... Read Answer

First, You cant get married to someone unless that other person is unmarried. The fact that she is still married is a problem. Why has she waited 9 years to seek a divorce? Second, the fact that she wants to just come here to work so she can send money back home to her kids may be another problem. Immigration officers always look to the issue of whether a marriage is entered in good faith and is bona fide. If the agent reviewing your case discovers that she just wants to marry an American citizen so she can work here, and send money back to the Phillipines,  she may not get approved.  I would need to know alot more information before giving more advice, but based on your brief fact pattern those are two issues that may be a big problem... Read Answer

I'm sorry to hear you are going through that. In order to get an award of maintenance in Kentucky the Court must find that you: 1) Lack sufficient property, including marital property apportioned to you, to provide for your reasonable needs; and 2) you are unable to support yourself through appropriate employment or you're the custodian of a child whose condition or circumstances make it appropriate that you not be required to seek employment outside the home. If you've been with him for fifteen (15) years and he has always paid for everything then you very well may be able to get an Order for maintenance. What you should do immediately is contact an attorney to file for divorce. After the Petition is filed your attorney will be able to file a motion for a status quo order to require your soon-to-be-ex-husband to continue making payments on the house.... Read Answer

Yes.  Defintely a claim against the box truck driver.     You might have a claim against Mazda for the airbags not depoying, but as a practical matter your injuries would need to be significant to justify the cost of an engineer doing an inspection on the Mazda, which generally runs somewhere between $3,000-$6,000.   Make sure you get medical treatment to get your injuries documented, and consult a personal injury attorney as soon as possible.     ... Read Answer

Thank you for your quetion.  I am sorry to hear that someone has falsely accused you of infringing on their intellectual property rights. If your listing has been taken down I would recommend a "Letter of Reinstatement" to Amazon and explain how the claims by the accused  lack merit.  I would also send a Demand Letter to the accusing party for the false claims and let them know they are actionable and you will pursue legal recourse for their false accusations.  Our Firm has experience with both the Letter of Reinstatement and with dealing with people making false intellecual propety accusations.  Please feel free to call us directly at 954-727-8268.  Have a great day.   Sincerely.   Andrew Rapacke... Read Answer

I'm sorry for your loss.  For jointly owned property, you are now the owner without need of any probate process or other legal actions.  For property in just your late husband's name, you may need to be appointed by the local probate court as the executor of his estate in order to tranfser ownership of this property.  But, if those assets in just his name are not worth much, I think it's $15,000 or less in Kentucky, there is a process available to you whereby you sign an affidavit that states the facts of your marriage and his death and that his assets are under a certain value, and you could use this affidavit to transfer those assets.  The probate court should have this for you or you may be able to access it online - it will be called a Small Estate Affidavit.  Good luck. ... Read Answer

The issue of whether the wife of a deceased owner of a business must consent to a sale depends on the Operating Agreement or bylaws of the business.  I recommend requesting a copy of the business' documents to see what your rights are in terms of the sale and the sale proceeds.  Do this in writing, so that you have proof of the request.  Without more information, I can't say how paperwork filed incorrectly affects this.  I would suggest correcting the filing and pursuing your husband's interest in the business. ... Read Answer

There is no direct path to citizenship. She would first need to become a lawful permanent resident. There is nothing in the information provided that indicates she is eligible for lawful permanent residence. Simply having U.S. citizen children is not enough. One of her children could only petition for her upon reaching the age of 21. There may be options depending upon more facts. I encourage her to consult an attorney about her situation. In the interim, you can read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

You probably do have some kind of claim. However, if serious injury did not ensue then I do not think you should pursue the claim. The possibility of serious damages is not enough and it would not be worth your while to pursue such a claim. If there are permanent damages or injury then you should contact an attorney immediately.... Read Answer

While a Tennessee attorney can represent you in a Federal SSD hearing in Kentucky, the better question is why would you want an out-of-town lawyer without a local office to represent you? Please note that I am not questioning the competence and ability of the Tennessee lawyer; rather, I question why you would not want a lawyer that you can sit doen with to discuss your case, who would be available to meet with as needed, and would know the local medical profession and SSD judges? There is a lot to say good about relying upon a local attorney.... Read Answer

You clearly need to document the event with as many details as possible.  If you can get a copy of the work order and invoce , then do so.  File an incident report with the landlord and keep a copy. Then, you need to wait to see if your girlfiend or her child develope any medical issues related to the pestifice exposure. While you can certainly prove negligence, right now you cannoy provide an injury caused by the spraying. Regretfully, you are in a hurry-up-and-wait mode...... Read Answer

Clearly, you need to retain a divorce lawyer to determine whether you can still obtain a QDRO -- qualified doemestic relations order.  I just do not know the answer. You may have a legal malpractice claim against your prior lawyer.  My advice would be to contact the Kentucky Bar Association fo a referral in your general vicinity.... Read Answer

Yes, an attorney will help cover your medical bills. The Insurance Research Council conducted a study in which it found that those with attorneys obtained 350% more than those with similar injuries who did not have attorneys. An attorney in your corner lets the insurance company know you are serious about getting fair compensation.... Read Answer

Your client would need an appropriate immigrant or nonimmigrant visa. Without knowing more about her background and immigration goals, it is difficult to provide any guidance. Your client should consider scheduling a consultation with an experienced immigration attorney. Many attorneys offer consultations by phone or Skype. In the interim, your client can read more about immigration options at www.myattorneyusa.com. ... Read Answer

Dental Hygienists are permitted to perform certain functions without the dentist actually present. Take a look at KRS 313.040 by using the following link and it will provide some circumstances in which a hygienist may practice without the presence of a dentist: http://www.lrc.ky.gov/statutes/statute.aspx?id=40141 I hope this has helped.... Read Answer