Get Free Answers From Experienced Lawyers!
I am being charged with a grand theft felony for allegedly stealing $9,233 from unemployment benefits. However, the unemployment office has already forgiven and canceled this overpayment for the exact amount, and they even granted me additional money in claim benefits. I have gathered all my... View More
answered on Oct 21, 2025
Even though the EDD canceled or forgave the overpayment, the District Attorney can still file criminal charges if they believe fraud occurred. The EDD’s administrative forgiveness doesn’t automatically end a criminal investigation.
Here’s what you should do:
Consult a criminal... View More
My spouse was born in England and adopted by U.S. citizens, arriving in the U.S. as an infant on an immigration visa in 1967. The only documents we have are a delayed registration of birth, an expired immigration visa, and her adoption decree. She has a Social Security number, a driver's... View More
answered on Sep 26, 2025
This is unfortunately a common issue for adoptees from earlier decades, before automatic citizenship laws were in place. Your spouse should:
File a FOIA request with USCIS to obtain her A-file and any records related to her entry and status.
If no Certificate of Citizenship was ever... View More
I was terminated from my job in 2024 for speeding in a customer's neighborhood, even though my job did not involve driving. I did not receive any formal warning before termination and haven't worked since then. Can I claim unemployment benefits for a job that ended 18 months ago?
answered on Jul 30, 2025
You can always file a claim for UI benefits, whether you will get them will depend on a number of factors. California is an "at-will" employment state, you can be terminated from your job without the need for a good reason. Although there does not seem to be any connection between your... View More
I want to file a Chapter 7 bankruptcy claim to prevent my car from being repossessed by a collection agency. I receive SSI benefits of $668 and retirement income of $495 monthly. I do not own any property and am struggling to pay credit card debts and other bills. How do I file, and where can I... View More
answered on Jul 8, 2025
Start with the Bankruptcy Court's website: uscourts.gov. It contains a lot of useful information on how to file on your own. Also resources for finding an attorney. Most court also offer free clinics to assist you. You can also check out upsolve.org which will prepare your bankruptcy petition... View More
My sister and I are co-trustees of a revocable living trust containing financial assets, such as IRAs and bank accounts. Since our mother's death, we are in the 40-day waiting period to receive our shares, which are split evenly. We are both facing financial difficulties; I receive SSI and... View More
answered on Jun 26, 2025
I'm sorry for your situation. I generally tell clients that Trust Administration matters involve 10 steps and step 9 is when the assets are distributed (given) to the beneficiaries (the people named to inherit assets.) To be sure you don't get yourself into legal trouble by taking your... View More
I have a workers' compensation case that's been active for 20 years, with admitted injuries to my right hand and shoulder. The Medicare Set-Aside (MSA) amount is $10,000. I'm considering a Compromise & Release (C&R) option with indemnifying language stating that the carrier... View More
answered on Jun 23, 2025
Dear injured worker,
No, indemnification in a C&R does not guarantee all expenses after MSA exhaustion without litigation.
Even with “hold harmless” language, the carrier could still dispute future treatment costs (like surgery), and you might have to litigate to enforce the... View More
I was injured at my workplace while working full-time, and the company went bankrupt and closed on July 13, 2023. Although I mentioned my injury to a couple of supervisors at that time, I did not formally report it before the company closed. Recently, I discovered through an MRI that I have... View More
answered on Jun 15, 2025
You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
answered on Jun 9, 2025
Since your mother set up a plan designed to bypass probate, you will need a lawyer to review the estate planning documents, whether it is a trust, transfer on death deed, or other paperwork. Once the review has taken place, you can plan the next steps for finalizing the estate distribution.... View More
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
answered on Jun 9, 2025
I’m sorry to hear about your mother’s passing. Navigating estate matters can be complex, You mentioned that your mother worked with a lawyer to avoid probate, and there is a will specifying that her assets—including IRAs, bank accounts, and real estate—are to be equally divided between you... View More
I am seeking to connect my family's health issues to my father's radiation exposure during his Navy service (1942–1946), which possibly involved cleanup in Japan. My brother and I have faced cancer diagnoses, supported by medical findings of radiation exposure. Despite attempts to claim... View More
answered on Jun 6, 2025
The VA has strict requirements for proof of presence in Hiroshima or Nagasaki during August 6, 1945–July 1, 1946, which frequently causes denials of claims if records are incomplete or if the veteran served in nearby areas (e.g., on ships supporting the occupation).
You can 1. request... View More
I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More
answered on May 13, 2025
If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More
My mom has dementia, and my sister and I are her successor trustees. Her home is in a revocable trust, and she may need to enter a memory care facility by the end of the summer. We are considering transferring her property from the revocable trust into an irrevocable trust to protect her assets... View More
answered on May 13, 2025
The short answer is that you don't need to do anything because the house is already protected from clawback.
In California, the house is protected from Medi-Cal recovery by being in a trust. It does not have to be an irrevocable trust, it can be in a revocable trust. This is due to... View More
I worked for a company in California for 5 years and was laid off legally. The next day, I took a new job but only worked for 3 hours before leaving and quitting at lunch. I had only filled out a job application and some paperwork about pay and company rules but did not complete an I-9 or W-4. I... View More
answered on May 9, 2025
Hello. They can't legally pay you without them. Complete them and send them back. Yes, you'll report the dollar value of the three hours of work for the week in which the work was performed on your EDD claim form. You might see a slight reduction in that week's benefit to offset the... View More
My father passed away last November, and my estranged brother, who is the executor, claims it will take up to 2 years to pay my father's medical bills. My father was on Medicaid, which typically has a 6-month time limit for payments. The estate is not undergoing probate, and my brother has... View More
answered on May 9, 2025
First, the reason your brother's lawyer is not speaking with you is because the ethics codes prohibit lawyers from giving advice to beneficiaries. You are not the lawyer's client. Plus, there are more ethics regulations on lawyers in estate administration matters than most other areas of... View More
I was involved in a civil lawsuit in California over three years ago regarding a business-related fraud claim, which was closed without prejudice due to my lack of assets at the time. The case never made it to court and there was no judgment. The statute of limitations has now passed. Recently, the... View More
answered on May 9, 2025
Your post is unclear in a few ways, for instance:
You said, "I was involved in a civil lawsuit in California over three years ago"
but, also said: "which was closed without prejudice... due to lack of assets at the time."
AND "The case never made it... View More
I was laid off from my first job in California after working there for five years, where I received my final pay and vacation pay along with the necessary paperwork. The following day, I briefly worked for three hours in a new position at a different company but had to leave due to illness. I did... View More
answered on May 8, 2025
You should report the brief employment as it will probably lead to a minimal reduction in benefits, if any. However, failure to report the work could be considered a false statement and disqualify you from receiving benefits or require you to pay them back.
I need to file an FL-150 for my child custody case. My 2-year-old daughter, who is disabled, receives SSI. I am currently not working, as I stay home to care for her. My husband, who is not my daughter's father, works. I am filing a regular income and expense declaration and want to know... View More
answered on Apr 30, 2025
You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?
answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
In July 2020, I was arrested for unknowingly purchasing a stolen car (10851 VC). A warrant was issued in November 2020, but I never received any notice about it. When I went to court in July, no charges were filed against me. I have confirmed that the warrant is still active, but due to financial... View More
answered on Apr 15, 2025
First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.