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Questions Answered by Israel Piedra
1 Answer | Asked in Civil Litigation and Elder Law for New Hampshire on
Q: What steps need to be taken after a Power of Attorney is revoked to get personal property and money back.

My 92 year old uncle signed a power of attorney over to my cousin. When my uncle realized my cousin was mismanaging the money and estate he revoked power of attorney to this man. At present at least $ 60,000. is missing along with car keys, house keys, and documents. I am the new Power of... Read more »

Israel Piedra
Israel Piedra
answered on Jul 6, 2016

You should act quickly to protect your uncle's rights. You likely have claims against the cousin for breach of fiduciary duty, among other things. Your legal options will vary greatly depending on the facts. Speak to a civil litigation attorney as soon as possible.

1 Answer | Asked in Divorce for New Hampshire on
Q: How can I estimate how much of a settlement I might get in my divorce ?

I have been married for 33 years, but have lived separately from one another for the past 19 years.

Israel Piedra
Israel Piedra
answered on Jul 5, 2016

It's impossible to estimate, but you can learn about what factors the court will consider. My firm recently did a blog post on this subject. Read more here: http://lawyersnh.com/helping-nashua-divorce-clients/

1 Answer | Asked in Criminal Law for New Hampshire on
Q: my friend assaulted me months ago and i chose not to press charges. today the officers came by to arrest her can they?

can she be arrested even though i didnt press charges 6 months ago?

Israel Piedra
Israel Piedra
answered on Jun 13, 2016

Yes. But you do not have to cooperate with the investigation or prosecution.

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Q: Do step children automatically inherit parents assets equally with biological children in the case of no will?

We have been married 28 years and between us have 8 children all grown and 13 grandchildren. all we have is the equity in our home and no will. Will all 8 of the children share the remaining assets : step children and biological. we have no biological children together. I have 5 he has 3.

Israel Piedra
Israel Piedra
answered on Jun 8, 2016

Here's some more information about dying "intestate" (without a will).

http://lawyersnh.com/estate-plan-death-without-will/

I highly recommend you talk to an attorney in person. You have a unique situation and there's a chance your estate will not be distributed in a manner you intend.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: We are appealing a general sessions ruling in Circuit court. What do we need to do once the paperwork is filed
Israel Piedra
Israel Piedra
answered on Jun 6, 2016

It depends what "paperwork" you are referring to. Call the clerk at the courthouse; they are usually very helpful to pro se litigants.

1 Answer | Asked in Elder Law and Estate Planning for New Hampshire on
Q: Does a POA give the POA agent the right to act as my trustee, when my trustee has become mentally incompetent?

My father was my trustee for a trust for which I was both grantor and sole beneficiary. Without telling me, my sister acquired durable power of attorney for my father, and started "standing in" for my father, making decisions for my trust, and my personal expenditures, without becoming... Read more »

Israel Piedra
Israel Piedra
answered on Jun 6, 2016

This is a complex question and I can't urge you strongly enough to consult an experienced trusts attorney. There may be statute of limitations concerns.

Please contact me directly if you need help finding an attorney.

1 Answer | Asked in Constitutional Law and Municipal Law for New Hampshire on
Q: If a town allows fundraisers for schools and town events, can they deny a church request to post similar fund raisers?

Town newsletter has traditionally allowed church secular fundraisers to be published until July 2015 when a new policy was adopted. New policy states the newsletter cannot "promote a religious point of view". I have pointed out that this policy may be newly iterated but it has always... Read more »

Israel Piedra
Israel Piedra
answered on May 31, 2016

Research would be necessary to definitively answer this question. However, it seems like the town is simply limiting the newsletter to government-sponsored events. If the town was allowing private events to advertise, but not similar church-sponsored events, there might be a First Amendment... Read more »

1 Answer | Asked in Divorce for New Hampshire on
Q: Is there anyone in NH that can interpret RSA 458:26 1 as to the word "might" ?

am stuck on the word "might" because in this particular case, neither party can divorce except when adultery has been committed or either party denounces their same faith. None of the above-mentioned circumstances exist. So with this thought in mind neither party could attest that a... Read more »

Israel Piedra
Israel Piedra
answered on May 26, 2016

I'm a little confused about what you're asking. You say "neither party can divorce" except for those situations, but I assume that's a religious limitation, not a legal one. That would have no effect on interpretation of the statute.

1 Answer | Asked in Divorce for New Hampshire on
Q: I received a action for divorce summons. Do I send my answer to the Plaintiffs Attorney or to the court?

The venue for this case is in NEW York. However, I live in NH

Israel Piedra
Israel Piedra
answered on May 23, 2016

Most likely both. But you should ask in the NY Justia section or check the court rules.

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: I'm seeking to divorce my spouse. About 2 years ago we purchased a home. Loan is in my name but they're on the deed too.

I don't want the house--I want to be free and clear of it. What are my options? Can an attorney help me with this and my divorce? My spouse can be quite adversarial so would want to work through an attorney if possible.

Israel Piedra
Israel Piedra
answered on Apr 15, 2016

"Advertising"

If your spouse is adversarial, make sure you seek a family law attorney. If you're in the Nashua area, please email me for more information.

http://lawyersnh.com/practice-areas/family-law/divorce/

Advertising

1 Answer | Asked in Family Law for New Hampshire on
Q: Can my husbands ex girlfriend stop his court ordered visit because their 5 year old daughter says she doesn't want to go
Israel Piedra
Israel Piedra
answered on Apr 14, 2016

Most likely not. To modify visitation someone would probably need a new court order.

1 Answer | Asked in Estate Planning for New Hampshire on
Q: My father left me out of his will and claimed he had no children. He left everything to friend/executor. What can I do?

In father's will, article 1 states he has no children. Then Article 3 says exclusion of pretermitted heirs and he makes no provision for any child of his other than ones mentioned in article 1. But in art 1, he lied and said no children. He knew I existed, he financially provided for me for 19... Read more »

Israel Piedra
Israel Piedra
answered on Mar 29, 2016

You need to speak with an estate lawyer immediately. It's very possible you could have rights under New Hampshire law. Act fast because there could be time limitations on your ability to challenge the will.

1 Answer | Asked in Divorce for New Hampshire on
Q: I need representation for a divorce, my husband filed. What are my options. I have no money up front.
Israel Piedra
Israel Piedra
answered on Mar 28, 2016

You may qualify for legal aid. Read more here: https://www.nhbar.org/for-the-public/free-legal-services.asp

1 Answer | Asked in Environmental for New Hampshire on
Q: Do I need I lawyer to help me deal with the Dept of natural resources in PR?

The recursos naturales y ambientales gave me a citation to court for taking a few buckets of sand from the beach in pr. I was visitor in the island when that happens a few weeks ago.

Israel Piedra
Israel Piedra
answered on Mar 28, 2016

It could be nothing, but don't make the mistake of not taking it seriously enough if you don't understand it. Perhaps speak over email or phone with an attorney in PR to determine what your rights are.

1 Answer | Asked in Education Law, Landlord - Tenant and Personal Injury for New Hampshire on
Q: Can I sue college for inhabitable dorm conditions?

My daughter is living in a college dorm and there is an intercom system in the building. Each room has a ceiling speaker that is very very loud. The speaker comes on every night and a scary clicking sound like a horror movie comes on. You also hear people talking in the background and sometimes... Read more »

Israel Piedra
Israel Piedra
answered on Mar 10, 2016

Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.

Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial,...
Read more »

1 Answer | Asked in Criminal Law and Divorce for New Hampshire on
Q: My wife and I separated, she moved to another state and we had a parenting / divorce plan signed by us both and filed

with the court, although to my knowledge it hasn't been signed by the court yet. She showed up at my house late at night intoxicated (drove herself) with our daughter sleeping upstairs, grabbed her wedding dress & set it on fire in the backyard then assaulted me and my brother. She was... Read more »

Israel Piedra
Israel Piedra
answered on Feb 22, 2016

It sounds like a very fact-specific situation. What exactly is your question? Child abuse is a criminal charge which would be determined by the police.

If you're wondering how these events could affect child custody, you should speak to a family law attorney. Such an event could...
Read more »

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Q: I filed a motion for the judge to reconsider her decision on Dec. 10th, The clerk did not type this up until Dec 31.

I received on jan 3rd and filed my motion on the 8th of Jan within the ten days alotted. The judge denied my request saying it was past the 10 days to file?! Can she do this if it wasn't even typed up to be sent to me until the 31st?

Israel Piedra
Israel Piedra
answered on Feb 22, 2016

You must file a motion for reconsideration within 10 days of the Clerk's "Notice of Decision". If you believe there was an error, it might be wise to retain an attorney to review your file. Remember, you typically have 30 days from the rejection of a motion for reconsideration to... Read more »

1 Answer | Asked in Traffic Tickets for New Hampshire on
Q: Im 17 and got pulled over for doing 62 in a 40 ill pay the fee but will i lose my license

I have heard from most people i talk to that because im under 18 and its my first offense i will lose my licence no matter what

Israel Piedra
Israel Piedra
answered on Feb 16, 2016

It depends on whether you have any other "points" on your driving records. For drivers under the age of 18, 6 points on your license in a year will result in a three month suspension of your license.

Based on the state regulations...
Read more »

1 Answer | Asked in Juvenile Law for New Hampshire on
Q: Im a 14 year old male, is it legal for me to hit a 17 year old male in New Hampshire.

What if the other person provokes the fight and I feel threatened by him

Israel Piedra
Israel Piedra
answered on Feb 10, 2016

It's never legal to hit someone. You could be charged with assault and battery. If your friend was sexually abused, speak to an adult you trust, or notify local law enforcement.

1 Answer | Asked in Health Care Law for New Hampshire on
Q: MS orthodontist overcharged us by $700, but will not refund the amount. What options do I have?

The office overcharged us and it was only caught after they started billing my insurance for visits we didn't have. They admit to the overcharge, but 2 years later they only will say, "We are working on it." I no longer live in the state.

Israel Piedra
Israel Piedra
answered on Jan 28, 2016

You could certainly retain a lawyer to investigate your options, but for such a (relatively) small amount, you would quickly spend more in legal fees. You may want to look at small claims court action. You can file and manage those online. May be enough to at least settle for some of the money.

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