New Mexico Recent Legal Answers from Lawyers

As a general matter, if you want to appeal to emotion in your argument, rather than straight facts and law you would want a jury.  In small claims, however, the more important issue is time.  If you want to wait around forever and probably have to come back again at least once, ask for a jury.  In this pandemic age, I'm not even sure a jury trial would be available, and certianly it would be a logistical nightmare which would take time.... Read Answer

Hi Daisy, sorry to hear of your medical issues. SSA may deem you disabled. You would have to back up that claim with medical records and diagnostic testing. Those medical issues have to be proven to SSA that you cannot return to past work.              Scott Bocchio, Esq. Legal Rights Advocates 855-254-7841   ... Read Answer

You do not need to name a relative.  You can name a friend.  You can name a trust company or a bank with trust powers (if you leave enough money to make it worth their while).  You can not name anyone other than each other.  If you do that, the judge will name someone, in some states with the agreement of the individuals or institutions to whom you leave things in your Wills.... Read Answer

Assuming that New Mexico law is the same as in the jurisdictions in which I practice (it should be, the following is pretty basic), the members of an llc are not personally liable for the llc's obligations as long as they operate the llc correctly as a separate entity.  In order to pierce the veil of the llc, a plaintiff would need to show that the members completely dominated the llc so that it had no separate existence (which is normally shown by a failure to observe the proper formalities, commingling of personal and company funds, transfersw of funds from the company to the individuals without fair consideration and to the detriment of company creditors, etc.) and that the llc form was used to commit a fraud or similar wrongdoing.  If you operate the LLC properly, there is little risk of piercing the veil.  Of course, those doing business with the LLC (e.g. landlord, banks or other sources of business financing, etc.) know this as well, and so may require the individual members to personally guarantee the company's obligations before extending credit.... Read Answer

If you have a valid Medical Power of Attorney and a valid Durable Power of Attorney, you may never need a guardian.  But, just in case, many states allow you a sign a Declaration of Guardian in Case of Need naming who you want and, in some states, who you do not want.  Check with a local elder lawyer.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

I'm so sorry to hear about your husband's condition.  You can either visit https://www.ssa.gov/onlineservices/?gclid=EAIaIQobChMI9p7X2paD5QIViovICh2J9AMvEAAYASABEgJtDPD_BwE    or call an Attorney with a strong reputation for helping consumers apply for disability benefits.   Sincerely,   Attorney Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read Answer

Yes, you can sponsor him. If you apply for a finace visa, then you must have met your fiance within the last two years. Alernatively, you can travel to Nigeria and marry him there, but he will have to process at the consulate there. The processing times for both pathways is about 1 year, with the Fiance visa taking slightly less time. Counsel anywhere in the United States can represent you. Most of us gove free consultations. Call to discuss. Now, if your fiance travels to the USA on a visitor visa, and you get married in 3 months, then you can adjust status, but be aware that he must enter the country for the purpose of visitation ONLY, and then decide to get married after 3 months. If thats the case, then this is another pathway to consider. Call to discuss. ... Read Answer

I am assuming since you came into the US at the age or 4 or 5 that you had accumulated significant period of unlawful presence. Although you do not have a prior order of removal because you took voluntary departure, your unlawful presence has not been waived. Upon departing the US in 2008, you were subject to the 10 year bar for re-entry for unlawful presence. Provided you have not re-entered illegally at any other point, your citizen step-father should be able to petition for you now since 10 years has past.... Read Answer

To have no trouble whatsoever, you should stay in the United States for one entire year and then apply for an N-470 application to preserve residence for naturalization purposes if your company is engaged in the development of US trade and commerce. Under that circumstance, you would be allowed to work for your US company overseas for as long as required. Such does not, however, count as physical residence for purposes of naturalization. If the company cannot wait or does not qualify for the exception, our best advice is for you to come back to the US as often as possible; pay your US taxes without taking the income exemption for foreign income earned overseas; not have any trips exceed five months; and bring proof that you are working for the US company overseas when you return to the US.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

If your son’s fiancé entered the country legally and your son is a US citizen, then he can petition her for a green card. That is the general rule. As exceptions do apply, your son would need to discuss his case in private with counsel. Counsel anywhere in the USA can represent him.   Stephen Black, Licensed in Texas and Florida.... Read Answer

Feel free to call for a free consultation   I have had many cases against Disney World here in Florida. What did you slip on?  Did you take any photos of the substance that you slipped on? Do you have any eyewitnesses? What were your injuries? My law partner is licensed in California. We give free consultations.    Stve... Read Answer

Anyone holding a power of attorney owes a fiduciary duty to the person he/she represents to act in that party's interest and not in his/her own.  Based on the facts set forth above, your father has a claim against the holder of the POA for breach of her fiduciary duty.  However, unless the person(s) who purchased the vehicles knew or had reason to know that the holder of the POA had no right to sell the vehicles, they are what is known as "bona fide purchasers for value" from whom your father can't recover the vehicles.  He can only recover the money he lost from their sale.... Read Answer

You need to check with a NM attorney about whether this house qualifies as exempt from collection efforts under NM law.  Assuming it does not (different states have different homestead exemptions), the judgment would initially be a lien on your house (not sure of the procedure in NM; in NY, a judgment is automatically recorded as a lien on any real property the debtor owns in that county), but if you don't pay the judgment, the creditor could foreclose on that lien and force the sale of the house.  With interest and fees, you would likely have nothing left. However, if you pay the judgment (perhaps by taking out another mortgage or home equity loan) that would be the end of it.... Read Answer

First off, adultery whether it happened or not is not something that a judge will take into consideratin when dividing property.  Taken alone, yes your soon to be ex could force a sale of the car if you cannot get him off the loan, but there are likely several other property and debt issues present, and a good divorce attorney could likely find a way to negotiate for you to keep your vehicle.  i would definitely recommend speaking to a divorce attorney, I practice in that area as do others here on Lawyers.com.... Read Answer