Alabama Recent Legal Answers from Lawyers

When real property is acquired by two or more persons and the instrument of conveyance does not specify the nature of the ownership, the law presumes a tenancy in common rather than a joint tenancy.  Nobody'e name gets removed from a deed.  Rather, a sale will have to be by a new deed and will have to show all owners are selling all interest each of you have in the property.  Your deceased brother's interest will likely have to be sold by his estate administrator (or executor, if he has a will).  If he had a will, his share passes according to the will.  Without a will, his wife (if married) and/or children/descendants will own his share by intestate succession. A deceased tenant in common's undivided interest is an asset of his probate estate. While title to real property does pass to heirs at the moment of death by operation of law, that passage of title is subject to the decedent's debts, the rights of creditors, and the authority of a personal representative appointed through probate. Without probate, there is no legally recognized way to identify and confirm who the heirs are, satisfy or bar creditor claims, or clear title so that the heirs can sell the property  ... Read More

I am not understanding what the question is.  Please revise to add some more information and you will have a better chance of getting a worthwhile response.  As it is written now, I can only be sure that your father has died and was divorced.  The rest of it doesn't make sense.  Is the issue a pension?  Was ex named as beneficiary when he died?  What kind of petition are you referring to? ... Read More

I would recommend you contact a work injury lawyer in your area ASAP. Work comp laws and case values can vary greatly from state to state. Further, there could be notice requirements that need to be complied with in Alabama, or in whichever state that your work injury claim can be pursued.  Disclaimer: Please be advised that this response does not create an attorney-client relationship, and you should contact a lawyer licensed in your state to discuss your specific situation.   ... Read More

Without knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green card process through your husband. However, the fact that you were allowed a change of status back to F-2 is encouraging as it means that USCIS took a look at your situation and found that in its discretion, it would allow you to resume your former nonimmigrant status. If you are truly concerned about the revocations, you may wish to obtain copies of all paperwork and request the opinion of an immigration lawyer familiar with nonimmigrant work petitions.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of court’s office listed on your summons and explain that you have a medical appointment that conflicts with your hearing. Ask whether you can file a written request or motion to continue (reschedule) your court date. If the hearing is later today and you can’t reach anyone by phone, you or your attorney should email or go in person to the courthouse as soon as possible to let the clerk or judge’s staff know. Provide proof of your neurologist appointment, such as an appointment confirmation or note. If you simply don’t show up and don’t notify the court, the judge could issue a bench warrant or enter a default judgment against you, depending on the type of case. Acting quickly and showing good cause—especially a verified medical reason—usually prevents that. If you’re unsure how to file a continuance, call the clerk’s office first thing this morning or contact an Alabama attorney who can help you request a new court date properly.... Read More

That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients, and if they had, it would have shown that he talked with you about it already.  Representing her on the same or similar matter that you consulted him about is a violation of the Rules of Professional Conduct.  You should talk with your attorney about advising the other attorney that he needs to withdraw from representing your spouse, and if not, them you may want report him to your state bar.   In fact, you may want to report him whether he withdraws or not.  If he is not performing conflict checks before taking on new clients, you might be doing future potential clients a favor by making sure he is re-educated on that requirement.  Talk to your attorney about it.  ... Read More

If you were assaulted in a nightclub and the management failed to provide adequate security to prevent such violence, you may have a security negligence claim against the establishment. It’s advisable to retain an attorney in your jurisdiction, potentially on a contingency fee basis, meaning you pay nothing unless you win the case.     ... Read More

Unless there are outstanding concerns of the US government, you would likely face no problems in leaving the US inasmuch as the Trump administration is actively encouraging undocumented immigrants to leave. Anecdotal evidence of people expecting problems at the airport shows that they are not being given trouble in departing. CBP has also developed a feature called “Intent to Depart” on its mobile app which allows individuals to officially announce their voluntary departure plans. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

It is not legally required that an employer have a tape to fire an employee for stealing.  Claiming that it has a tape of you stealing when it does not actually have such a tape might create an inference that the reason stated for your termination was pretextual.  That may be helpful if you think you might have a case for wrongful employment discrimination based on your race, color, ethnicity, national origin, disability, religion, age, or pregnancy.... Read More

Your post does not ask a question that can be answered in a Q&A forum like this.You need to contact a personal injury attorney with experience in mold litigation in or near the county where you live.To make your case palatable to such an attorney, you will need the results of whatever testing you have done to determine the type of mold, the report of an expert who will testify that the type of mold in your apartment is known to cause the physical symptoms you are experiencing (this is called general causation), and reports from your treating doctors establishing that your physical symptoms are caused by exposure to that particular mold, typically through a mycotoxin test.You will also want to gather together all of the evidence pertaining to what damages you have sustained.  For example, documentation of how many days you missed work because you were ill because of the mold, what medical expenses you paid out of pocket for treatment and diagnosis  pertaining to the mold, any out-of-pocket expenses you incurred for alternate living arrangements or remediation efforts you undertook, etc.  These are called compensatory damages.Note that these cases are very difficult to win under the best of circumstances and can be quite expensive with the cost of experts and testing required to make a good solid case.  Unless your compensatory damages are well into the hundreds of thousands of dollars, it is highly unlikely any attorney would speculate on such a case by taking it on a contingency fee, so be prepared to spend tens of thousands of dollars.You will also need to come up with a pretty persuasive explanation as to why you didn't simply move.  Any defendant will use your failure to move to another apartment as evidence of a failure to mitigate your damages.  In most mold litigation, the plaintiff does not discover that it is mold in his home or business that was causing him to become sick for a long time and then the plaintiff promptly moves out and sues.  Since you contacted an attorney in 2020, your case is atypical in that regard.... Read More

That depends on what type of claim is being asserted.  Technically  you can be sued for anything at any time, but in most cases can succeed on a motion to dismiss because the statute of limitations for most claims is less than ten years.  There are also circumstances which can extend a statute of limitations, such as the plaintiff's minority, the defendant's absence from the jurisdiction for a period of time, defendants' concealment of the facts giving rise to the claim (separate and apart from the claim itself), etc.... Read More

The TN professional list and H-1B specialty occupation both contemplate dentists, not dental assistants. Besides, even if your wife did qualify as a dentist for H-1B sponsorship, she would need a cap H-1B, and those are regulated by number. Employers and their candidates have to go through a selection process in order to even be able to submit petitions, and the time for selection this year just ended on March 17, 2023. It may be possible for the practice to sponsor her for a PERM labor certification and green card, which does not need any of the above – but in which the employer will have to go through a time of recruitment of US workers to show that your wife is not taking away a job that an able, willing, qualified and available US worker wants.  Please note that applying for PERM does not allow her to stay in the US during most of the process and she will have to keep maintaining a legal non-immigrant status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

In order to more fully answer your question, it would be helpful to see your divorce agreement or divorce decree. The way that the property division is structured or worded may impact your options moving forward. Aside from looking at that specific language my other questions/concerns would center on how the house is financed and the impact of simply conveying the home to her without considering some of those factors. For example, if you were to simply convey the home to her, but the mortgage is still in your name, then that may impact your finances and ability to get another home down the road. This may be one of several issues to troubleshoot. ... Read More

In Alabama the legal standard in changing custody from one person to another involves much more than the wants of the child or even the environment that the one seeking custody can provide. In fact it has just as much to do -- if not more -- with the environment that the child is currently in. In order to more fully answer this question I would need to know what it's like at the grandmother's home for the child and if there are any concerns in that environment or how she is raising him. Because these sorts of cases are so fact specific it's important to sit down with a lawyer to discuss details like what I've mentioned here. I'd be happy to have that conversation. ... Read More

You can request an expedite from USCIS if you will suffer severe consequences from losing the job. USCIS will entertain such a request if the severe financial consequences are not the result of your failure to timely request the DACA renewal. It further says that, “Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.” Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

In Alabama parties to a divorce are typically entitled to an equitable (fair) division of what's been acquired during the marriage. It would be helpful to know how an item was purchased and how it's titled, whether there is a prenuptial agreement, and to some extent the facts surrounding the breakdown of the marriage. All of these things can impact how property is divided in a divorce. As for custody, a judge is charged with awarding custody in a way that will be in the best interest of the children. There are many factors that are important in determining best interest and a judge would look at a variety of circumstances like fitness of either parent, age of children, ability of each parent to co-parent and more. Furthermore, if there are safety or welfare concerns about the children being with one parent those would be important facts to consider as well.  Each divorce is a different as the people involved in it. It's important that you talk with an attorney about your specific facts and case to fully understand your options and how the law may apply to you.... Read More