Nebraska Recent Legal Answers from Lawyers

Assuming that you are a US citizen and that your fiancé and his daughter are in the US and entered the country legally, they may be eligible for adjustment of status to permanent residence without leaving the country. In such case, you would file I-130 petitions for both of them, and your then husband and his daughter would file I-485 adjustment of status applications at the same time. The cases would be submitted to the Chicago lockbox of U.S.C.I.S. and you would normally expect to be called for interview within a year.  If you are not a US citizen or there are other complications, you may wish to consult with an immigration lawyer.  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

In California, you definitely need a very well-written release form for this and give notice in very prominent lettering on all materials, as well as at the door. In the Los Angeles area, particularly, many people who may attend such a workshop may be actors or models, and may have agents or belong to a performer's union. You cannot just snap a photo of such a person and use it in your marketing materials. You must arrange for this in advance, sign a contract for their services, and pay them their rate. Therefore, particularly in California, you are best off to separate your workshop from your marketing, and either hold a special staged event for taking photos, or use great caution to take only photos of those who have agreed in writing to be on your marketing materials.... Read Answer

Hello. You don't have temporary custody. What you have is a temporary delegation of parental powers. If the mom decides she wants her child back, she can revoke a notarized delegation at any time. To gain temporary or permanent custody, you need a court order. This could be done by filing for a guardianship in the county where you and the child reside. You should visit with an experienced lawyer about what you would need to file and prove for this to happen legally.... Read Answer

It would be good to have those numbers. There may be tax documents you need to file. How you choose to distribute the life insurance to the other parties will determine if you are making a gift to the beneficiaries or if you are declining part of an asset that then gets returned to the decedent?s estate and distributed to the other parties.... Read Answer

Our opinion is that you would not require further paperwork to resume H-1B work with an employer which has not notified U.S.C.I.S. of the cancellation of your H-1B petition. I note that employers who do not terminate H-1B's with U.S.C.I.S. upon the separation of the employee do face liability from such employees suing them for wages after they have been separated on the grounds of no proper notification and no termination of H-1B status. The Labor Department has upheld a number of cases on these points for the H-1B holder.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

Hi Mary - This sounds like a difficult situation.  Your stepmother had the right to change her Will whenever and however she wanted, and was under no obligation to provide copies of it to anyone else.  Once she passed away, a personal representative usually is appointed by the probate court to administer the estate.  If an estate has minimal assets or all of the assets were jointly owned or had named beneficiaries (like pay-on-death accounts or retirement accounts), then probate is not necessary.  Otherwise, as part of the probate process, the Will of the person who died in filed with the probate court.  If you are not named in the Will and not a blood relative, you will not receive notice of the probate proceedings.  But they are available to the public, so you would be able to read the Will there.  Good luck.... Read Answer

The case law is very clear that if you do not have written permission from the other parent, you need a court order to allow you to move. You will need to put your move on hold because it is also not allowed to obtain a "temporary removal order". You need to file a modification, have him served, and request an expedited hearing. Then you will need to present evidence on the many factors required by Nebraska law and the judge will make the final decision. You really do need to file a modification immediately and contact an experienced lawyer to help with this.... Read Answer

Dear NE   I am sorry to hear that you have been accused of trademark infringment and counterfeiting.  Please understand that both of those causes of action are very serious and can be expensive if a judgement is found against you.   Please do not ignore the matter as that is likely the most detrimental position.  I would consult counsel and create a plan to defend your position in a cost-effective manner.  I wish you the best of luck.    Sincerely Andrew... Read Answer

If he is paying through the court, then paternity has been established and he can file to modify and obtain parenting time. That is the short answer. His best bet is to visit with an attorney confidentially about all of the specifics of his unique situation to weigh his options. Best wishes to your family!... Read Answer

If you name a beneficiary on almost any financial document and the beneficiary is ?payable upon death?, only the beneficiary you name will inherit the assets. This includes IRAs. Should you die tomorrow, your children who are named on the account can submit a death certificate and receive the money directly. The asset will not be included in your estate and your wife would have no claim to it. If your child is a spendthrift or incapable of managing the money him/herself, too bad it?s his/hers to do with as he/she wishes. Also, if a child is receiving government benefits, the benefits may be reduced or eliminated until all the money is gone. If the child is a minor when he/she inherits, the inheritance might be put into a trust and a trustee named to manage it until the child reaches the age of majority. Sounds like it would be a good time for you and your wife to sit down, review your assets, and decide what should happen if either of you dies. Then make the necessary changes and/or contact an attorney to draft the documents for you.... Read Answer

First, if she files a divorce, she can then file an emergency restraining order allowing her to stay in the house while the case is pending, get child support and get maintenance. It should also restrain him from moving around money, insurance etc. It will protect her immediate interests and pave the way for a long term division of assets. If she doesn' want to do that, she is free to leave, but a court could order her to bring the child back. She could also, in the emergency order (if she doesn't want to stay in the house) ask the court to allow her to take the child to the other state, pending resolution of the case.... Read Answer

There are limited waivers available to aliens who have been convicted of aggravated felonies. It is unlikely he will be able to return to the U.S. However, without knowing more about his criminal history, it is difficult to make a definitive assess. You can read more about the impact of criminal convictions at http://myattorneyusa.com/criminal-aliens.... Read Answer

The standard for the Patent Office to issue a Patent is the invention must be new, useful, and not obvious over everything that came before it (the prior art). In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable because the recipe will not be unique enough, typically failing on the non-obviousness requirement. Of course, the only way to know for sure is to understand how the Patent Office reaches its conclusions relating to what can and cannot be patented. It is certainly possible to obtain a patent on a recipe or food item if there is a unique aspect, perhaps if there is something counter-intuitive or a problem (such as shelf life or freshness) is being addressed. The trick will be identifying a uniqueness that is not something one would typically think to try. Good luck and we hope that this helps.... Read Answer

To be patentable - your soup recipe must be (1) new, (2) useful, and (3) not obvious in view of previous soup recipes. An average cost for a utility patent on this type of invention would likely be up to about $5000 (small entity). This would include a search fee, the patent drafting fee, the patent prosecution fees (filing and processing), and the issue fee. See for example US Patent No. 6,713,115 (2004). You can search for soup patents at www.uspto.gov. GOOD LUCK!... Read Answer

There may be a number of legitimate reasons why your sister could do this. As a court-appointed personal representative, your sister must file a list of your father?s assets with the court at the start of probate and a list of what happened to those assets when probate is completed. She is responsible for seeing that the terms of your father?s will are met to the fullest extent possible. She must also make sure that the outstanding bills are paid and that the expenses of selling or distributing the assets are covered (expenses like the realtor?s fee for selling the house). While probate is still on-going, she is responsible for holding any money made from the sale of the house and other assets in a special bank account . Only when probate is finished will she be allowed to distribute any bequests or cash to you and your brother. You can ask the probate court to order that you get a copy of every report she files. And you can object to the final distribution of the assets when she applies to the court to end the probate if you think that you were somehow cheated by her actions.... Read Answer

Nebraska is a no fault divorce state, so your dating and his control issues won't affect the outcome. However, that doesn't mean you're without options. You can move the divorce court for child support, spousal support, or even request that your spouse pay your attorney fees. Your best bet is to consult with an experienced family law/divorce attorney who can confidentially discuss the facts of your specific situation and help you weigh your options.... Read Answer

I don't think this is a question of whether she is vulnerable or not. It seems to be whether the terms and conditions of the trust are being followed appropriately. This person should hire her own lawyer to review the trust and audit the finances. If she can't afford an attorney, contact the state bar association or the nearest law school and ask for assistance.... Read Answer

First, talk with another attorney who?s an expert in this area of law. You don't provide enough details to provide a specific answer to your question. While the trust may be irrevocable, there may be a way for your mother to change the management of the trust to ensure that the land is properly handled after her death.... Read Answer

Where an individual is a minor in an application to remove the conditional basis of residence status, U.S.C.I.S. has been known to ask that the petition be signed by both the minor and either the natural parent or the petitioning stepparent. If you can still have the cooperation of your parent and stepparent, the  emancipation would have no effect upon your further application to complete your immigration.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