West Virginia Recent Legal Answers from Lawyers

You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from cps. Anything that you do to try to help him to escape the consequences of his actions will be seen as you justifying or supporting him and will make the court believe that you would be more inclined to allow him access to the children and continue to cause damage to them. Therefore, CPS will use that against you in court.  Your ex did this. He broke into your house multiple times, was violent with you and ended up getting himself arrested for burglary. He is a full grown man and this is a problem that he caused all by himself. You should allow him to deal with his burglary charges and allow him to deal with the allegations regarding terminating his parental rights. You should concentrate on not getting your rights terminated and protecting your children. They are the most important thing here. Much more important than your ex.  Please put your children first.  They deserve it.  ... Read Answer

If you were only a live in partner and not a surviving spouse, there is no right that you have to a life estate in your decedent girlfriend's home. You are now in the status of a tenant on a month to month lease at best and a holdover tenant at worst. Accordingly, you can be evicted without cause. That is the general rule and there are exceptions so you need to contact an attorney in your state to review all the facts to determine what your rights are. ... Read Answer

Sorry to hear about this unfortunate mishap. Yes some lawyers do take these types of cases on contingency fee, which means you don't pay anything unless you win. Also keep in mind there is a statute of limitations that you have to comply with, which means that you have to bring your lawsuit within a certain amount of time, and if you don't do that, then you will be forever precluded from bringing Seeking justice. So you need to retain counsel immediately.... Read Answer

When there is no Will, the state's laws of inheritance govern.  If there is no surviving spouse, generally all the children inherit equally.  On average, it takes two years to settle an estate in the U.S., beginning not from the date of death but from the date the court appoints an administrator to settle the estate.  The court documents are public.  Please check with the local probate court to see the status of the case.... Read Answer

Are you a US citizen? If so and she entered the country legally then yes you can sponsor her for her green card despite that she is currently out of status. However if she exits the country before she becomes a permanent resident she may not be able to get back in. There are many forms and documents to prepare and file as well as a years long process of waiting. Consider working with an attorney to represent you from start to finish. Some of us including me charge a very affordable flat. Counsel anywhere in the USA can represent you. ... Read Answer

The check should be to you as executor and be deposited in the bank account which you opened for your father's estate.  Please discuss this with your probate attorney.  If you do not have one, hire one.  A Will is of no legal effect until a court admits it to probate (proving).  You may be named as executor in the Will but until a court appoints you, you ain't.... Read Answer

If you've been denied you have 60 days from the date of the denail to file an appeal.  My office would be happy to assist with that.    Sincerely,   Scott F. Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com  ... Read Answer

A passport regardless of whether expired or not can be used in support of filing the adjustment of status application. At the time of final adjudication, a valid passport is still not required. 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

Ordinarily the Will must be submitted for probate (proving) so that the property can pass to your uncle's estate and be sold by the executor (personal representative) of his estate. But if this has not been done, the government agency collecting property taxes can still seize and sell the property for back taxes.  ... Read Answer

You do not say whether there was a termination of parental rights.  If not, you may be able to recover custody of your children.  Contact a local family lawyer.  You may be able to get free representation through Volunteer Legal Services or reduced cost representation through the modest means program of Lawyer Referral Services in your area.... Read Answer