Maryland Recent Legal Answers from Lawyers

In looking at the current processing times of U.S.C.I.S., both I-129F’s and I-130’s appear to be approximately 6+ months in processing. The request to correct an error on the I-130 would possibly delay the timing to adjudicate the I-130. With the K-3 being filed 2 months later, there is a chance that the I-130 may be adjudicated before the K-3 or that the I-130 could overlap the K-3 in the next step of processing at the National Visa Center. In such event, the NVC would stop processing the K-3 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 More

There is no way for a lawyer to provide you a figure without speaking to you, and fully understanding the economic losses, and psychological impact that this injury has had on you.  Based on you description, it sounds like a good case.  I would suggest you reach out to an AV rated lawyer on lawyers.com, to discuss the case.   The first consulation is free for most personal injury lawyers.      ... Read More

Good morning: If the settlement was specifically included in your judgment of divorce or in another court order, the statute of limitations is 12 years in the State of Maryland for that debt.  If the order was entered in May 2008, you have until the same date in May 2020 to file to enforce the order. Please contact me or another lawyer directly if you need further assistance in collecting the debt. Thank you, Laura Penn Shanley    ... Read More

I recommend making a request in writing for a full accounting, which is your right and responsibility as a co-executor, and giving a deadline.  You have proof of the request and, if the deadline passes without sufficient information, I would file a demand for an accounting with the court and provide a copy of your request as evidence that her sister is not cooperating.  It does not sound like asking nicely and being patient is working.   Sometimes hiring a lawyer can buffer standoffs a bit; the lawyer makes the requests and filse any court actions so that you are not as directly involved in challenging your sister.  The estate should pay any legal bills you incur as part of this action.  But, from what you describe, it sounds like estate funds are being used inappropriately and you need to take some action. ... Read More

No.  As long as a Will or a trust is valid at the time of signing in one state, it will be recognized in others.  I would write a Will in Maryland that confirms to Maryland law.  Trusts are a bit more complicated.  If the trust will be holding real estate, I would write it in the state where the state where the real estate is located.  Good luck.... Read More

Hi - See if you can get a copy of the trust agreement, if you don't have it already, and look for any rights granted to beneficiaries.  There may be a process for you to remove your brother as trustee.  There probably is not a way for you to change the terms of the trust from distributions by discretion of the trustee, but it's worth looking.  You also have rights under state law to periodic accountings and court review and/or oversight of his administration of the trust, as well as to remove him if he is not administering the trust in accorance with its terms.   ... Read More

It is difficult to give a solid answer without reading the actual language of the trust and Will, but I'll give you some general information.  Part of the answer depends on whether your dad or the trust owns the assets.  Assets owned by your father (without named beneficiaries or co-owners) are to be distributed in accordance with his Will by the personal representative appointed by the probate court, while assets owned by the trust are distributed by the trustee(s) in accordance with the terms of the trust.  If the trust was executed in Maryland, then it will be interpeted under Maryland law.  If your dad was a Virginia resident when he died, then his estate will be probated in Virginia (f probate is necessary.)  Again, the trust and the Will are two separate things.  If the trust states that after both parents are dead, all assets are divided among the children, then any assets owned by the trust should be divided between the children by the trustee(s) once all trust expenses are paid, which includes taxes and costs of the final accounting.  Some people form trusts but fail to transfer some of their assets to them, so the fact that your father had this trust does not necessarily mean that the trust owns all of his assets.  The trust also may have provisions stating who is trustee or co-trustees once your father dies.  Good luck.  ... Read More

This sounds like a difficult situation.  While your mother was living, your brother may have been acting for her under a power of attorney or as a joint owner.  He did not become an executor until she died and he was appointed by the court, if that has happened. I don't understand how he can remove you from her bank account, but maybe you just had check-writing authority and he unauthtorized that as your mother's agent.  If he was a joint owner of the account and deposited the house sale proceeds into it, they became his funds solely when she passed away. If this is the case, this is not an issue of how he is administering her estate but of his misdeeds while she was still alive.  I certainly would request, in writing, an accounting of the last couple years of her life to include the house sale and any loans to him.  If he does not comply, you can begin a legal action against him alleging that he either misappropriated your mother's money or unfairly pressured him to give it to him.  You will need a lawyer for this.  As part of the suit, you can require him to provide you with all of the banking and other records.  Good luck.  ... Read More

I'm sorry for your loss. You can file a joint return for 2016.  If his estate doesn't have assets, I'm guessing that the estate will not earn any income (such as interest, dividends, etc.) so you will not have to file an estate income tax return at all.   You do not have to open an estate if he had no assets.  If he had a Will, it would be prudent to file it with the court with no other action requested, as a safeguard if any assets appear in the future.   Owning everything jointly makes estate administration simpler for a surviving spouse.  With all of the complications that death can bring, this is one bit of good news.      ... Read More

Whether you are issued a visa after DNA results are positive depends upon whether there are other inadmissibility bars to your immigrating to the US. I assume that this is a family based case as DNA results would otherwise not be relevant. Another question is whether the DNA test was requested by the US Consulate or Embassy or USCIS or whether you and your related party took an independent test. In the latter case, the result may not be given full validity by a consular officer.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

There are many ways to handle compensation, but in general attorneys are not paid by the caae.  Most often an attorney working for a firm is paid a salary regardless of what case he/she works on or in what capacity, and will often receive additional remuneration, usually a percentage of the payment the firm receives, for "bringing in" a case.  In the situation above, the two attorneys would most likely each receive their salary, regardless of which is first chair and which second.  The first chair is probably more senior and/or highly regarded, and thus more highly paid, or he/she wouldn't be first chair.  In addition to the salary, the second attorney, who brought the case in, would probably receive a percentage of what the firm is paid. ... Read More

Civil and criminal proceedings are independent of each other.  Whether or not the local prosecutor decides to bring criminal charges against the teacher makes no legal difference to whether or not you choose to sue the teacher or the school, although obviusly it would help your position if the prosecutor did bring criminal charges.  You may have a claim against the church for assault, battery, and intentional infliction of emotional distress, contending that its employee was {arguably} acting within the scope of his employment when he struck the student, and the church is therefore liable for the teacher's actions.  You may also have a claim against the school for negligence, but I saw nothing in your email to indicate that the church was negligent.  Are you contending that there was something in the teacher's past history that should have tipped the church off and it was therefore negligent in hiring him?  Or in some way negligent for not having more security or supervisory personnel there to protect the students better? There is also a question of the amount of damages you can recover.  You haven't mentioned any monetary damages the child or his family suffered and, while you may not need any monetary damages to sustain the intentional tort claims, you probably (I say probably because Maryland law may be slightly different than where I practice) will need to show monetary damage to sustain a claim for negligence.... Read More

Not having the name Brandon on your mother's birth certificate would probably not be a hindrance. She can obtain two affidavits from individuals who are at least seven years older than her who can attest to the facts of her birth and explain (if they can) why the name Brandon was left out. You can also have a DNA test run to prove that she is your mother. Two notes – if the name Brandon came through a marriage, there would be nothing to explain. Also for you to sponsor your mother, she would have to first become a lawful permanent resident through your sponsorship and then later apply for citizenship after five years.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