Oklahoma Recent Legal Answers from Lawyers

Of course, anyone can sue anyone for anything, and if you're believed it sounds as if you would win.  Nobody has to be hurt physically for you to have a case, you were hurt monetarily, and you may be able to recover the money you lost.  Whether that's enough for you to go through the hassle of a lawsuit is up to you.  It would help if you had evidence beyond your word, for example pictures of the filthy microwave.... Read More

It sounds as though you have the right idea.  Hire a probate lawyer who practices in the county in which he died to file an application for determination of heirship.  Once you are appointed to administer the estate, it will be your duty to assemble all its assets.  If the person does not give you immediate access to the house and leave at your request, file an eviction action in jp/small claims court and have the sheriff toss her out.... Read More

None, as it is impractical to pay an attorney for such a small monetary matter; it will almost certianly cost you more than the $1,000  you are seeking to hire a lawyer.  You are probably best off (a) filing complaints with whateer consumer protection agencies operate in your locality (better business bureau, government consumer affairs agencies, etc.); (b) making your complaints known on reviewing websites, such as yelp; and/or (c) suing the funeral company in small claims court, representing yourself.  Be aware, however, that, regardless of what the sales manager told you outside of the contract you signed, if the contract says that you owe the money it is very unlikely that you will be ble to get out of it. ... Read More

If there is new information (for example, a new Will has been found), a probate case can generally be re-opened.  No trial court case (probate, civil or criminal) can be appealed unless the judge made a mistake in law.  Your probate attorney can examine the record and advise you on this -- and on the usually very substantial cost.... Read More

That depends on what the adoption law was in the state of adoption and on the time of adoption and on what the adoption decree states.  In many, perhaps most, cases an adopted out child can still inherit.  That the father gave up his rights does not mean that the child gave up hers.... Read More

A signed affidavit is an out of court statement which you would be using to prove the truth of the matter asserted therein, or in other words hearsay, and as a general rule inadmissible as evidence at trial, since the other side doesn't have the opportunity to cross examine the affiant.  In some states, and I don't know if Oklahoma is one, a recording of a conversation made without the consent of all parties to it is illegal, and would not be admissible at trial.  Assuming that you have no documents in which your competitors made these false statements (and remember you will have the opportunityt o obtain relevant documents during the discoveyr phase of your lawsuit), you will need to have the people to whom these false statements were made testify to that effect.  That is a long way off.  First start the lawsuit.   BTW,, libel is written defamation, slander is oral defamation.... Read More

Bring the trust documents and anything related to them to an attorney who specializes in fiduciary litigation.  From your description, it appears that you dad was the trustee and you were a (or maybe the) beneficiary.  A trustee, like dog Fido, has a fiduciary obligation to put the beneficiary's interests first.... Read More

I would need a lot more information to give an accurate answer to your question.  But if you and the father were never married (and there are no court orders about your child) and he is keeping the child from you, it is advisable that you file a Paternity Action to establish child custody and visitation.  In the meantime, you may be able to have the Sheriff or Police accompany you to the father's residence and show the birth certifcate that you are the mother, and if he has no court order granting him custody, then law enforcement may ask him to return the child, unless there is some indication you are unfit as a parent.  ... Read More

The lawyer does not represent anyone but the executor.  He is not obliged to tell them anything.  You may be disgruntled, but you have no basis on which to file a grievance, let alone a suit for malpractice.  The lawyer will not be disbarred for preserving attorney-client confidence as required.... Read More

If the house passed through a Transfer on Death Deed, the Will is irrelevant with regard to the house.  If you and your sister are the owners, together you can evict your brother.  If your sister does not agree, try to buy her out or seek a partition action, which may force a sale.... Read More

You file for divorce in the state and county in which you have been a resident, regardless of where the marriage occurred.  Under Oklahoma Law, you must have resided in Oklahoma at least six months to file here, and at least 30 days living in the county in which you file.  Some states have different residency periods. ... Read More

Unfortunately, your question appears to be too vague to answer and I would suggest that you or your father make a telephonic or other appointment with an immigration lawyer to go over his entire situation. You should keep these points in mind – a permanent resident is generally not removed without cause and so a question is whether the basis of the removal still serves as a bar today. Is he eligible for an I-601 waiver if the basis was crime or fraud/misrepresentation? Generally speaking, a person who has been removed is subject to a 10 year bar. If such is applicable in your father’s case, he would not need an I-212 waiver to return to the States (as long as he still has a basis to immigrate) since he has already been out 13 years. On the other hand, is your father under the permanent bar for having entered or tried to enter illegally the US on or after 4/1/97 after having been in the US illegally for one year previously or deported. If that is the case, your father would only be able to file the I-212 after 10 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