Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2023

Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More

Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your... View More

Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin... View More

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answered on Sep 7, 2023

The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.

What we can say... View More

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

We here are not clerks of court and cannot render opinions as to how to obtain court orders.

We here are also well aware of the enormous difficulty government has in keeping straight records in a court environment. Corners may have been cut. It may very well be that the judge's order... View More

If your facts are correct, in NYS a petition in family court may be in order. The prior legal guardian, or if none, a request for a legal guardian would be made, and that guardian represents the child independently of the parents and makes a determination and advocates to the judge what should be... View More

I surmise that the infant may be a possible beneficiary by designation or inheritance to part of the pension benefits to be paid out, and the former spouse seeks the same benefit. An attorney should be consulted to review the OTSC and the related documents. Don't delay, or you may default.

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answered on Aug 22, 2023

In New York, when there's a court order dictating communication arrangements between parents and one parent is not following the specified terms, it's crucial to take appropriate steps. Begin by documenting instances where the father is initiating calls instead of the mother as outlined... View More

How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.

Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.

She must obtain your consent unless she can show that you abandoned the child.

I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a... View More

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answered on Sep 3, 2023

The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More

Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck

Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.

You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

You should be hiring an attorney because the prosecutotial might of the Stste of New York is coming after you for whatever crimes you face. You were arraigned. Weren't you informed of the right to hire counsel?

First, I am so sorry for your loss. If you are not hearing from the guardian, put your requests in writing and write a letter to the court about your inability to contact the guardian about your sister's ashes. If you have access to the original court order appointing the guardian, you will... View More

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answered on Aug 4, 2023

In New York, property acquired before marriage is generally considered separate property and is not subject to equitable distribution in divorce. However, the situation can become more complex if separate property becomes commingled with marital property during the marriage.

Commingling... View More