Tennessee Recent Legal Answers from Lawyers

For a marriage based green card, it is generally necessary that the marriage continues until the applicant receives the conditional green card unless the applicant claims spousal mistreatment under the Violence against Women Act (VAWA). There is no further waiver of which I am aware at this stage although you may be able to obtain immigrant status through other means, e.g. employment, asylum, investment, other family relationships. 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

That is how it works.  In most states (I don't know about Tennessee) your attorney would have a statutory lien on the proceeds of the lawsuit to cover his/her fees.  The money is generally sent to the attorney who would pay the amounts owed for fees and disbursements , with the approval of the clients, and then distribute the remainder.  If there is a dispute between the clients as to how hte funds should be distributed, the disputed money would generally be held in escrow by the attoreny until the dispute is resolved.... Read Answer

You would cancel the contract due to the consultant's material breach in not delivering the services for which you paid.  Be prepared to be sued for the balance, however.  To succeed, you're going to have to prove that the consultant did not deliver what it was contractually obligated to deliver.... Read Answer

Report this to Adult Protective Services and look for a local attorney who will represent you in applying to become your grandma's guardian.  You may also want to consult an elder law attorney near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

The legal argument must rest on facts.  Brain studies of trans people have shown that just what they say happened indeed happened:  they were born with the wrong body.  Find a neurologist who can conduct and interpret the proper brain scan.  Note that this may also persuade your relatives.... Read Answer

It appears that any wife is dead.  If so, the children would inherit.  These include your son.  He must apply for a determination of heirship.  Depending on his age, you may be able to apply on his behalf.  Contact a probate attorney who practices in the county in which the father died.... Read Answer

A Will has no legal effect until a court admits it to probate (proving -- that it is the Will of the person who died). After the court appoints you executor (the Will only names you), you can open a bank account in the name of the estate and deposit the check. If your mother's estate consists of more than the check, it could be financially worth your while.  If not, it may not.  If it is not, you can let the check go to unclaimed property with the state comptroller and in four to six years (it varies by state), submit documents to show that you are entitled to the money.... Read Answer

You do not need a Will for this. You and your son's mother can use a Declaration of Guardian for Our Minor Child. This must be notarized. If you write your own Will, you are likely to make a mistake in the writing or in how it is signed, witnessed and notarized with all the specific language required. You may qualify for free representation through Volunteer Legal Services or for low cost representation through the Modest Means program of Lawyer Referral Services. Note that a minor cannot inherit: you Will must provide that your house, etc. will be held in trust for him until he is of age (or later) with payments made for his health, education, maintenance and support.... Read Answer

Firstly sister needs to surrender on the warrant and get it dealt with. At the same time she needs to gather proof of these threats, whether recording or texts. She needs to take that proof and get an Order if Protection. It may also be that a family member will have to file for custody. Lots of legal issues. Your sister may have a rough patch of taking responsibility but then she can rebuild, safely.... Read Answer

As long as your wife is in the US under L2 status, she can file for an EAD. Such is not impacted by the new proclamation affecting nonimmigrant work visas.  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 father has not appointed someone his agent under a Medical Power of Attorney and under a Durable Power of Attorney, the health care providers may turn to all available adult children (assuming the spouse has passed) on health care questions but no one has authority over your father's money and property.  You or your brother may need to apply for a guardianship.  Contact your local probate court or your state bar for a list of attorneys who represent people in guardianship applications.... Read Answer

As you are not married, she has sole legal custody. You have to locate them and serve her with a Petition for Parentage, and for custody. I don't know enough to know if you could take custody of one child. Her nationality is not going to be relevant to the case unless she wants to move to the Philippines. Hire a PI and find your family then file a case.... Read Answer