Maine Recent Legal Answers from Lawyers

Did the officer tell him that your file would be in "pending status" until further documentation was provided? This could be a matter of producing those court records of conviction/ records of adjudication from 15 years ago. Oftentimes, a simple conviction of misdemeanor theft is excused and won't subject the immigrant to grounds of inadmissibility. However, if it is more than a simple case of misdemeanor larceny, then a waiver would be a way to salvage your case. The US Citizen spouse would have to show that she would suffer "extreme hardship" if your case was denied. ... Read More

Refusal under section 221(g) means that essential information is missing from an application or that an application requires additional administrative processing. The consular officer who interviews you will tell you at the end of your interview if your case is being refused under 221(g). Did the immigrant have an interview? What was the reason the officer gave for why he was refusing the visa? ... Read More

It's unclear on exactly what your question is. But if you are saying that you do not currently have legal capacity to collect rent because you're not contractually entitled to said benefits, then you would need to open up an estate for your deceased mother and be granted letters of administration to act on behalf of the estate. This would give you legal authority to collect rent from your son.... Read More

Contact a local probate lawyer.  You may want to file for a determination of heirship and let her try to prove that the Will is genuine and that the deeds say what she claims they say.  A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died.)... Read More

Hi,      Yes, your husband can adopt your daughter. I have handled several cases like this, where a stepparent adopts a stepchild. I would be glad to discuss it with you during a free initial consultation. Please contact my office to schedule a time for us to talk.  Sincerely, Dylan Boyd www.dylanboydlaw.com 207-536-7147 dylan@dylanboydlaw.com... Read More

For now, you can look at the deed records.  When someone (perhaps you) has been appointed executor of his Will or administrator of his estate, you can redirect his mail, ask the IRA to send you past tax returns and use these to gather information.  Your probate lawyer will also post a notice to creditors in a local newspaper and begin to receive claims.... Read More

There is no such thing as a verbal POA.  If your mother has appointed your sister her agent in a written Medical POA, your sister, not you, can speak on her behalf.  If your mother needs 24/7 care she needs either a huge amount of money to pay for it at home (at about $25/hour) or nursing home care.... Read More

Please talk to a probate attorney who practices in the county in which your husband died and the house is located.  With that person's help, apply to settle your husband's estate by filing a Small Estate Affidavit or an Application to Determine Heirship and Issue Letters of Independent Administration.  In Texas you have a lifetime right to live in the house whether it was separate or community property.  Be sure to give notice that you have not abandonned that right by spending time elsewhere.... Read More

If the person who received the money returns it, Medicaid will disregard it. If not, the applicant will not be eligible for Medicaid until a certain time period has passed.  The length of this penalty period is determined by dividing the $15,000 by the amount which Medicaid determines is the standard daily cost of nursing home care in your state, about $200.  This means that the applicant will not be eligible for nursing home Medicaid for about 75 days.  The family can pay.  The applicant can go to a board and care home which will take him (but provide no nursing) in exchange for his Social Security.  There may be other alternatives, such as "Mason manor."  To explore these you may want to contact an elder lawyer using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

You are entitled to more than your husband is suggesting to you. You are potentially entitled to spousal support as well as a fair share of any of the property (and debt) acquired during the marriage. You should speak with a lawyer about this. Feel free to contact me by phone (207-536-7147) or email (dylan@dylanboydlaw.com).... Read More