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my aunt moved into my moms house and after she passed away and took it over without permission how do i make her leave?

Answered 9 hours ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Banking Law
If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If mom had no husband then her children would be given the home. You need to open up a probate in the county where mom passed and get yourself appointed as personal representative of moms estate. Once you're appointed, you can start eviction proceedings to evict your aunt. You should retain counsel in your jurisdiction to handle all of this. ... Read More
If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If... Read More

How to obtain a copy of a will if the person is still alive?

Answered 2 days ago by attorney Christine James   |   16 Answers   |  Legal Topics: Estate Planning
You are not entitled to a copy of the will during your mother's lifetime. That said if you feel your sister is taking advantage of your mother you can get a conservatorship in court.
You are not entitled to a copy of the will during your mother's lifetime. That said if you feel your sister is taking advantage of your mother you... Read More

Is it illegal for your step dad to beat you up?

Answered 2 days ago by John J. Carney (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Law
JC
All mothers threaten to have the father beat them if they do not behave. That means they would either slap their butt, hit htem with a belt, or slap their face a few times and that is no longer allowed. You can discipline your children, even hit them slightly, but if you leave a mark it is assault and child abuse. That is why it is hard to get children to do anything any more since there are few punishments. You can take away their privileges or ground them, but that is had to do also. Children do not trealize the importance of a good education, hard work, and not getting into trouble. They do not appreciate he consequences of their actions. They are influenced by their peer group and in some places that is a bunch of thugs who think rap music and gang bangers is the way to be cool. There are many kids who dress and act like rappers to be cool, but after they get arrested a few times and have a criminal record they find it hard to get a good job and they become real criminals. My advice to you is to improve your language and communication skills, get a college degree, respect your parents, get a career you love, and do not commit crimes.... Read More
All mothers threaten to have the father beat them if they do not behave. That means they would either slap their butt, hit htem with a belt, or slap... Read More

Michigan truthful act with renting

Answered 2 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Landlord and Tenant Law
The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding, that if they do not release you, they have to fix the problem. Should they not fix it, you can take them to court and recover any money you spend fixing the problem. You can also send a writing telling them that you will be putting next month's rent in an escrow account until they fix the problem. If you say you will do it, you better do it. Since you are allergic, ending the lease makes the most sense. Good luck... Read More
The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding,... Read More

How long can I be garnished for a past debt?

Answered 2 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Debtor and Creditor
you need to file an objection to garnishment look for the SCOA form
you need to file an objection to garnishment look for the SCOA form

Slip in fall case ?!

Answered 3 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Did the firm you hired file a lawsuit? If they did not, then you should speak with another attorney about possible substitution of counsel. In some cases, Insurance companies don't really take a law firm seriously UNLESS they file a lawsuit. Most lawyers just want to "settle" cases on the phone without doing the hard work of filing suit, doing discovery, hiring expert witnesses and spending time and their "own" expense litigating the case to trial. They just want to "negotiate" with a non lawyer insurance adjuster. Do you see the big difference? Reach out to one of us to discuss. If a law firm withdraws from the case they by law don't have a charging lien on the file, so you have nothing to lose by getting a second opinion. Cases involving injuries that occurred prior to Spring 2023 are subject to the old statute of limitations of 4 years. Cases involving injuries that occurred after Spring 2023 are subject to the new 2 year statute of limitations. ... Read More
Did the firm you hired file a lawsuit? If they did not, then you should speak with another attorney about possible substitution of counsel. In some... Read More

Am I allowed to get married before I fix my parents' papers ? and would i be able to help my spouse get documents soon after?

Answered 3 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
There is a good chance that the cases will not meet – at the age of 18, you can marry and sponsor your undocumented boyfriend, but you cannot begin the sponsorship process for your mother until you are aged 21. By that time, there is a good possibility that your boyfriend’s case will be resolved. In the event that it is not, you would have to have enough in terms of income and assets to provide affidavits of support for your boyfriend and your mother unless either one has sufficient assets to ease the burden of support, or you have a joint sponsor who is a US citizen or permanent resident to take up the support obligation. 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
There is a good chance that the cases will not meet – at the age of 18, you can marry and sponsor your undocumented boyfriend, but you cannot... Read More

My mother in law has not seen my son since he was a baby , what visa do we file so she can come and visit for awhile ?

Answered 3 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence. In doing so, she would have to show ties and bonds with Mexico to demonstrate that she would return to Mexico after the time of visit. If she is lacking funds, you and your spouse can guarantee her support during the time that she is here with an affidavit of support along with materials such as your job letters, banking statements, and most recent tax return. Please note that the issuance of a visitor visa is within the discretion of the US consular officer. Good luck!  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
Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence.... Read More

Can I start an LLC while in the EB3 process

Answered 3 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization. Unauthorized employment would jeopardize your ability to maintain lawful nonimmigrant status or adjust status in the US to permanent residence through form I-485. 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
While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization.... Read More

What's the best way to apply for H4 & EAD if my L1B ends in Feb 2025 and my husband has an H1B?

Answered 3 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
The conditions for H-4 employment are that the H-1B holder either has a labor certification pending for at least 365 days or has an I-140 preference petition approved. Assuming that one of those conditions is met, you could apply for both benefits concurrently with forms I-539 Application to Extend/Change Nonimmigrant Status and I-765 Application for Employment Authorization. You can make the application as soon as the condition is met by your husband since the EAD is open market under which you can work for any employer including your present one. 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
The conditions for H-4 employment are that the H-1B holder either has a labor certification pending for at least 365 days or has an I-140 preference... Read More

What can I do with foreign substance found in bag of chips?

Answered 4 days ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Products Liability
Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without documentation is of little consequence. If you want to know what the substance is, you can retain a forensic testing company at your expense to test the item, though it may cost you several thousand dollars to secure an expert answer. ... Read More
Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without... Read More

How to dispute drivers license revoked medically

Answered 4 days ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This is not a medical mal case as described. You simply have a doctor with an opinion you disagree with. You will need to find the means to secure an opinion supporting your view or possibly spend the money to retain a lawyer to immmediately intervene with DMV and secure an expert opinion to assess the first doctors position. ... Read More
This is not a medical mal case as described. You simply have a doctor with an opinion you disagree with. You will need to find the means to secure an... Read More

I had my car towing from dealership to another dealership

Answered 4 days ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Business Litigation
You will need to hire a lawyer to address this. You will have to prove the tow company actually picked up you car and then go from there. In the meantime you will need to notify your insurance company 
You will need to hire a lawyer to address this. You will have to prove the tow company actually picked up you car and then go from there. In the... Read More

A collision repair shop has my vehicle and will not release it

Answered 4 days ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Automobile Accidents
You will need to retain a lawyer and post a bond under Fla. Stat. 559 and then deal with who owes who what later.
You will need to retain a lawyer and post a bond under Fla. Stat. 559 and then deal with who owes who what later.

Can I sue the county for not correcting the mistaken records on my background stemming from their entries on the wrong person as it's affecting jobs!

Answered 4 days ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: Civil Practice
It would be difficult to succeed on a lawsuit, but you could pay an attorney to file one. Most attorneys in a civil matter such as this would charge a retainer fee, then deduct per hour from the retainer as the case went along. It is highly doubtful any lawyer would take any case of this type on a contingency fee (where you pay nothing up front and the lawyer only gets paid if you win. That is almost exclusively physical injury cases). You may be able to take steps with the agencies with the records to ensure they are not erroneously mis-identifying you. A lawyer could help you accomplish this.... Read More
It would be difficult to succeed on a lawsuit, but you could pay an attorney to file one. Most attorneys in a civil matter such as this would charge... Read More

Can I request a appeal for my mom who is incarcerated?

Answered 4 days ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: Assault
She cannot appeal just because she regrets her choice. She freely and voluntarily accepted the plea. She could have set her case for trial, but chose to accept the plea agreement. You waive most appeals when you accept a plea agreement. Unless she was threatened with physical harm, or there is proof (in writing or recorded) that she was deceived in order to make her plead guilty, there is no possibility to appeal a plea bargain.... Read More
She cannot appeal just because she regrets her choice. She freely and voluntarily accepted the plea. She could have set her case for trial, but chose... Read More

Can I sue a body shop for ruining the function of my car?

Answered 5 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Contracts
It looks like you are having an issue with a property damage claim. Few lawyers handle property damage claims unless they are retained to handle any attendant personal injury claim, handled on contingency fee of course. Reach out to one of us here in Florida for a review and possible retention if needed. ... Read More
It looks like you are having an issue with a property damage claim. Few lawyers handle property damage claims unless they are retained to handle any... Read More

need help for fictional school court case

Answered 5 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education Law
A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple street reasonably believe that it was necessary to shoot his victim because his victim would use deadly force against him then he may have a self defense claim. ... Read More
A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple... Read More

My dog was bitten by another dog and was injured pretty bad. How or what type of lawyers handle these type of cases

Answered 5 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Government
In almost every state, a dog owner can sue for only vet bills but not sue for the owners emotional distress for the dogs suffering. This is because the law treats dogs as personal property and thus only economic out of pocket losses can be recovered. To all dog lovers like myself, I wish it was not so because dogs are family members. But keep looking for counsel to assist. A few states do have more legal remedies, over and above economic loss recovery remedies, for dog injuries. ... Read More
In almost every state, a dog owner can sue for only vet bills but not sue for the owners emotional distress for the dogs suffering. This is because... Read More

How can I get a letter of testamentary.

Answered 6 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Business Litigation
Texas has a small estate affidavit process where you can avoid probate all together, if the estate assets are less than a certain amount. Contact the probate court in the county where mom died in order to obtain the form.
Texas has a small estate affidavit process where you can avoid probate all together, if the estate assets are less than a certain amount. Contact the... Read More

Can one tenant in common create a joint tenancy with rights of survivorship?

Answered 6 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid. If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.... Read More
IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees... Read More

If I have an open warrant in Michigan and I call to see if I actually do will they most likely come and pick me up?

Answered 6 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Law
If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will determine if you will get arrested at the memorial. If you fly, there is no guarantee you will not be greeted at the airport. if it is just a mindemeanor, call the court and tell them when you are going to come in and be arraigned. Warrants last forever.... Read More
If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will... Read More

rental car insurance

Answered 6 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Insurance
Legal yes, advisable NO!. The problem is nothing requires you to have insurance but, if the renter does not have it, YOUR insurance does not kick in as YOUR coverage only starts if the renter has a policy. So if an uninsured renter gets in an accident, you have no coverage. You must mandate insurance to your renters; if they claim they have a policy, you need to verify it is in force otherwise 1 accident could cost your company millions. You really need to make sure that you are doing business in the proper corporate form and cannot be personally liable.... Read More
Legal yes, advisable NO!. The problem is nothing requires you to have insurance but, if the renter does not have it, YOUR insurance does not kick in... Read More

Can I sue a grocery store for hitting me in the face with a door and my nose could be broken

Answered 6 days ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Slip and Fall
Ms. Austin, sorry to hear what happened to you.  The short answer is yes, you could sue the grocery store if its employee accidentally / negligently struck you in the face with a door.  If you haven't already, you should seek appropriate medical treatment to determine whether your nose is broken and take photogarphs of the bleeding / bruising.  That said, if your nose is not broken, the time and expense of a lawsuit would likely not be justified.  If you need to find an attorney, you can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and Justia. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
Ms. Austin, sorry to hear what happened to you.  The short answer is yes, you could sue the grocery store if its employee accidentally /... Read More

If you have already been through the courts and the agreement was made that the father gets to see his child every other holiday and every summer and

Answered 7 days ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Family Law
Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule.  In order for the father to do so he will have to allege a substantial  and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat. It is a relatively difficult burden to meet.  However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time.  Family law, and particularly any issue involving children, is a unique  area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but  the parents may realize that, notwithstanding the law, a particular change may well be best for the child.  In such instances, the Court will ratify the change as long as the parents agree. Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available.  I am sure you will ultimately do what will be best for your child. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read More
Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing... Read More
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