Potentially no. If there is no will that mentions the first son, that son would be considered an "omitted heir", potentially entitling him to the same share of the estate as the other son.

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a... View More

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More

You could try, but I doubt a prosecutor would want to charge something like.

You need a court order. The police will otherwise not interfere.

Depending on a number of factors, they could either continue to "close" the case or file a petition, with or without a request to remove the child. In the short term, they will likely continue to insist on a home visit before "closing" the case, or use your resistance as... View More

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answered on Jul 28, 2024

Navigating the boundaries of personal property while living under your parents' roof can be challenging. Legally, parents often have broad authority over their household, including your room and belongings within it. This means that while you may have purchased items with your own money, your... View More

It very much matters whether both names were on the deed. It also matters - moreso - whether this newly created trust was funded. That would mean a deed was signed by the now deceased spouse placing the home into the trust. Even with that, the surviving spouse could elect his or her spousal... View More

You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

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answered on Jul 18, 2024

To get survivors benefits for your daughter, you need to gather specific documents and information. First, you'll need proof of your daughter's relationship to her father, such as her birth certificate. You’ll also need a copy of the father’s death certificate and his Social Security... View More

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is... View More

This is more a boundary issue than a legal problem. Is it your's or your cousin's house? Depending on your answer to that, you need to have a conversation with your cousin about this and whether you or they need to move out if you can't be on the same page about this issue.... View More

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

You probably don't need a codicile for this as much as you do a change to your life insurance's beneficiary designation. Unless your beneficiary designation calls for your insurance to go to your estate, the insurance company will pay out whomever is listed on the beneficiary designation... View More

I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More

It sounds, likely, that your boyfriend's mom filed a petition for grandparents rights on her own behalf. Such petition would necessarily allege her relationship to the child through your boyfriend, which is likely why he would be named in it.

If that is not the case - e.g., she filed... View More