Nebraska Recent Legal Answers from Lawyers

There is no magic time frame. The standard to modify is whether a "material and substantial change in circumstances not in the contemplation of the parties at the time of the last order" has occurred. Generally, the change must result in an upward or downward change in amount owed by at least 10%. For the other criteria, you should speak with a family law attorney. Best wishes!... Read Answer

Is it worth going to the expense of having a judge or jury decide whether he can or cannot? Marital or community property rules differ from state to state, so your state might or might not treat the closet and/or its contents as belonging as much to the wife as the husband. More to the point, a prudent person would more likely protect his privacy by finding a secure place away from the home. And keeping secrets is not awfully healthy for a marriage.... Read Answer

Any assets of the decedent will be distributed according to the intestacy laws of the state the decedent lived in. Usually the remains of the estate (what's left after all the bills are paid) are distributed in the following order: surviving spouse, surviving children, surviving grandchildren, and any other surviving descendants. If there are no surviving decedents, the estate would go to the decedent's surviving parents, then surviving siblings (by birth or adoption), and then surviving descendants of siblings. In your case, the estate would probably be distributed equally between the two sons.... Read Answer

It appears your husband has been placed in removal proceedings. Your husband may be able to seek bond and relief from removal depending upon his immigration history and criminal history. Your husband may be represented by an attorney but the government does not provide attorneys. It would be best for your husband to have an attorney represent him. ... Read Answer

Your second illegal re-entry has triggered a permanent bar to admission. This bar cannot be waived until you have been outside the United States for ten years. Unfortunately, there is not much your wife and kids can do to help you. You may be able to remain in the Unkted States through prosecutorial discretion.... Read Answer

You could petition the local probate court to acknowledge that the trust has come to its natural end and order that the payments should begin. However, that might not happen quick enough to deal with your present emergency. If it does, you may not be able to access more than the annual payment established by the trust.... Read Answer

The best option would depend upon you and your friend's immigration goals. For example, if your friend wishes to extend his H1B status through is employment in the future being an owner will be problematic. i encourage you both to schedule a consultation with an experienced immigration attorney. You need case-specific guidance that simply cannot be provided on a forum. ... Read Answer

Her Native American payments and her past settlement are very likely her personal property that will be considered non marital if they should divorce. Personal injury settlements are the separate property of the person who was injured. However, your friend should consult with a local attorney experienced in divorce who can get more specific information about the financial assets and give specific advice. Best wishes.... Read Answer

Original versions can be resold, copies cannot. The "first sale doctrine" rules here - once the copyright owner has made a first sale and been paid for it - no more money can be collected by the copyright owner. Used books, CDs, DVDs, all can continue to be sold by future owners. Pending TPP and Fast Track bills should not change that - but we need to monitor them - just in case.... Read Answer

Proper guidance requires a complex response. Anything you independently create and place into the tangible media storing the website is copyright under US law once it is stored (on a server or computer disk etc.). But there are many considerations and actions you can take- the best course of action will depend on what you wish to accomplish.... Read Answer

It is rare to find a situation where you are required to have an attorney by law. However, it sounds like you have a trademark/domain name dispute and that you are not familiar with or proficient in these matters. You would be wise to consult and/or engage an attorney for help, if there is economic value at stake. Make sure the attorney is experienced in domain name and trademark law.... Read Answer

Typically NO - patent attorneys do not form partnerships with their inventor/clients. There are multiple ethical issues in such a partnership - all making it a very bad idea. Look for funding elsewhere - then hire your patent attorney. You can pay by the hour, or maybe get a set fee for each case. Note - the inventor must cover filing fees paid to the Patent Office. Each foreign case will cost up to $10,000. GOOD LUCK!... Read Answer

By international treaty, the applicant has "PATENT PENDING" status worldwide for 12 months after the initial Patent/Provisional Application is filed in the U.S. Patent Office. It is unreasonable to expect even the largest companies to file a Patent Application worldwide out-of-the-gate. For the first 12 months after the filing of the first Patent Application, you will have "PATENT PENDING status globally. You cannot sue someone for infringing a pending Patent Application, but you will have a filing date for your Patent Application globally. To sue someone for Patent Infringement, the Patent owner needs to wait for the Patent Application to issue. For example, if you file a U.S. Patent Application on January 1, 2015, you have PATENT PENDING status worldwide if that is the first Application filed. If on September 1, 2015, you file a Patent Application in Canada for the same invention and reference the U.S. Patent Application, the Canadian Patent Application will have a filing date of January 1, 2015. I hope that this helps.... Read Answer

The higher earning spouse may have to pay the lower earning spouse, if there is a significant difference in their incomes. It does not matter if that person is the husband or the wife or was the one who left the other. Only income matters. You may be eligible to receive spousal support from her.... Read Answer

Ownership of intellectual property created by employees can be pre-assigned as part of an employment contract. If any employee does not sign - do not hire them - it will only create legal issues down the road. Sample language is as follows: If, during the course of my employment with COMPANY, I create, invent, design, develop, contribute to or improve any works of authorship, inventions, intellectual property, materials, documents or other work product ("Works"), or have already done so, either alone or in conjunction with third parties, at any time during my employment by COMPANY and within the scope of such employment or status and/or with the use of any COMPANY resources, I shall promptly and fully disclose such Works to COMPANY, and I hereby irrevocably assign, transfer and convey, to the maximum extent permitted by applicable law, all rights and intellectual property rights therein (including rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to COMPANY, or such other entity as COMPANY shall designate. I agree to maintain any type or form of records, execute any further documents and take any further actions as requested by COMPANY to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its rights hereunder. If I am unable to execute a document or take any action for any reason, I hereby irrevocably designate and appoint COMPANY and each of its duly authorized agents or designees as my agent and attorney-in-fact, to act in my behalf in all applicable instances, including in any government authorities or agencies.... Read Answer