Nebraska Recent Legal Answers from Lawyers

A Will has no legal effect until it is admitted to probate.  Check with the county probate clerk to make sure that it has been and that you are a beneficiary.  In many states a certain number of months (say, 15) after the executor has been appointed, a beneficiary is entitled to request an accounting.  If it is not produced within a certain number of days (say, 60), the beneficiary is entitled to petition the court to remove and replace the executor.... Read More

You should still be able to travel in and out of the US even though you have an I-130 petition filed as long as you do not need to apply for an F-1 visa before reentering. That being said, the safer way is for you to file the I-485 application to adjust status since the F-2A category is current for filing and at the same time apply for advance parole on form I-131 Application for Travel Document. Such can be adjudicated within 3-6 months of filing. With the advance parole, you would be allowed to travel in and out of the US during the time that the application for permanent residence is pending. 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

A trust beneficiary has a right to request a distribution but not necessarily a right to receive a distribution.  Your father must have had some reason for leaving his bequest to you in trust. You can check the inventory filed with the county probate clerk to learn how much was initially available to pay your father's debts and split among your two siblings and the trust. In some states you are entitled to an annual accounting.... Read More

Most states no longer have filial responsibility laws. Nonetheless, before bailing on the person who changed your diapers and fed you, you might want to visit the local Area Agency on Aging to arrange for services such as Meals on Wheels and, if your mother has Medicare Advantage, contact the insurance company to see whether they are experimenting with delivering groceries and transporting people to medical appointments.  Local pharmacies and groceries may also deliver.  Depending on where you live, you or your mother may be able to pay someone to come in to do her laundry.... Read More

Theoretically yes.  A civil suit brought by one private person or entity against another is independent of a criminal action brought by the government.  However, breaching a contract would generally not be considered larceny (even if $1000 would be grand larceny) and the police may tell you that it si a purely civil matter.  It would probably be more fruitful for you to avail yourself of the collection procedures to collect on your judgment - levy on his assets, garnish his income, etc.... Read More

Having the basic half of the time in the U. S. over the past 5 years does not mean that an immigration officer cannot deny the case if he or she believes that the individual has not kept up a primary residence in the U. S. The fact that your uncle never had a job or house or rented goes against him. Before filing an appeal, your uncle may wish to gather other items that would show ties and bonds with the United States. For example, proof of drivers license or state identity card, ownership of personal and real property, memberships in U. S. associations and clubs, U. S. credit cards, etc. If he decides to go forward with an appeal, he may also wish to explain what he has been doing in the U. S. and what he has been doing during the time that he has been overseas. 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. 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

The K-1 visa is only for fiancées/fiances who are overseas. It sounds from your question that your ex-wife is here in the States. But even if she was overseas, it would be hard to imagine an American consular officer agreeing to approve the petition  and a related application to remove a 10 year bar as there would likely be deep suspicion that you are only doing her a favor since you did not even remarry her. If it will be a bona fide marriage for the purpose of living together permanently as man and wife and not just to do your ex-wife a favor, get remarried as a first step.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 inform... Read More

If you don't already have a current custody/visitation established, you will need to do so. That is the only way to utilize your parental rights through court enforcement. If you already have them established, you will need to file a contempt of court if she is violating the court order. Case like this can cost anywhere from $2,500 to $4,500 depending on who you go to. If you decide to represent yourself as a PRO SE, you can keep the costs to a minimum with a legal specialist assistance. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey but we do assist PRO SE in your state. Looking forward to hearing from you.... Read More

You will need the help of a competent attorney that is both flexible in fees and great at what he does in representing defending grandparents rights. You can start now if you want. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NE.... Read More

Yes, getting Temporary Custody of the child while the biological parents are unable to provide for the child is possible. Does your sister agree to allow you to take care of the child? If so, you might not have to go through court-litigation and a simile agreement out of court might be able to suffice based on the understanding you guys have. Feel free to reach out to discuss more if you like. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NE.... Read More

No. If your father died without a will, his entire estate goes to his heirs. If he was not married at the time of death, then equals shares will go as follows; one to each of his children and one to the issue of each of his children, if any, who died before he did but are survived by issue who survived him.... Read More

Fire arms sales are highly regulated. I doubt that any ammunition distributor will sell to someone who isn't licensed to sell ammunition. Furthermore, I doubt the manufacturer will allow you to repackage without some sort of written agreement, especially since the company?s brand and/or trademark is involved. Check with both the manufacturer and your state fire arms authority.... Read More

The answer is maybe. First of all does the father have any rights of placement or custody? If he does then he might have the right to take the child out of State for a short time. He only needs the permission of the mother or an order from the court if he is moving The child more than 150 miles away from the other parent, or taking the child out of state for more than 90 days?unless there is a contrary court order. The mother could, among other things, bring a contempt action against the father if he violated anything in a court order If she can afford it she can hire a lawyer in the State where the child is now located, who may have a number of techniques?including habeas corpus. So... check the most recent court order relating to custody or placement. You may want to contact a lawyer where the child is now located. You could also call the police, either here or where the child is staying.... Read More

Is she filing a lien in regards to the amount of money she is promised in her father's will? If so, no she cannot file an lien because she has no right to an amount of money prior to her father's death. She may have an interest in the property if somehow the will is found invalid or she contests the will. It would be a good idea for you to make sure you have a joint and survivor deed with your husband or a transfer on death affidavit if you are not on the deed. ... Read More

Generally, a parent cannot give up their parental rights to their own child unless an adoption, whether this is by a third party or by a step-parent, has or will take place. There must be a willing and able parent ready to assume the responsibility. There must be good cause for a court to terminate the rights of a parent. Not seeing or supporting a child is not a good cause reason to terminate parental rights. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read More