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Connecticut Questions & Answers
1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is it absolutely necessary to have a lawyer for the seller for a house closing?

House is owned (No Mortgage) and selling to Son.

Nicole M. Camporeale
Nicole M. Camporeale
answered on May 6, 2019

There are many reasons why having an attorney is an essential part of a real estate transaction. Mainly, the deed that transfers the house to your son is a legal document that needs to conform with statutory requirements and be notarized/signed by an attorney, to be legally valid. The attorney will... View More

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father is dying in South Carolina my sister is power of attorney, doe's she legally have to notify me about will?
Steven Basche
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Steven Basche
answered on Apr 18, 2019

Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or... View More

1 Answer | Asked in Tax Law for Connecticut on
Q: If one person signed a quick claim deed and the house is sold as a short sale, do both parties split 1099 tax amount

My ex quick claimed the house. I had to sell it per our decree and it sold as a short sale. Liens that we’re in both of our names were paid off at time of sale. My attorney said we should split the 80k 1099 my ex claims I’m responsible.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 14, 2019

Look closely at your divorce decree and then call you divorce lawyer--again. If the decree says you get the house, then you get the house and everything that goes with it.

1 Answer | Asked in Criminal Law for Connecticut on
Q: Being charge either 53a-125 for the first time ever getting arrested what am I looking at getting with a pta from court
Lindy R. Urso
Lindy R. Urso
answered on Apr 10, 2019

If this is your first ever arrest, you are eligible for a program called Accelerated Pretrial Rehabilitation which, if it's granted, will lead ultimately to a dismissal of the charges. The most important thing is to make sure that any restitution / money owed is paid back in full before you... View More

1 Answer | Asked in Social Security for Connecticut on
Q: Hi, I have to give back money to Social Security. It is money that I don't have. I feel it's not my fault.

I have reported my income each month like I'm supposed to do.

Katelyn M. Burke
Katelyn M. Burke
answered on Apr 9, 2019

You have a few options here. If you do not think you were overpaid, you can request a reconsideration of the determination. If instead, which it sounds like here, you believe you may have been overpaid, but it is not your fault, you can ask for a waiver of the overpayment and complete SSA Form 632,... View More

2 Answers | Asked in Social Security for Connecticut on
Q: how hard is it to collect ssdi at 62
Peter N. Munsing
Peter N. Munsing
answered on Apr 6, 2019

Depends entirely on your change in abilities and how that affects your employment. Remember, it's not the inability to do your old job but you have to be unable to do any job that exists for medical reasons. Is there a reason why you can't, for example, take tickets at a parking lot?

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1 Answer | Asked in Probate for Connecticut on
Q: My mother passed with a will instructing executor to sell condo as soon as practicable and divide proceeds evenly.

It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution.... View More

Matthew A. Wiley
Matthew A. Wiley
answered on Apr 6, 2019

It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Connecticut on
Q: I wasnt allowed to submit a police report as evidence in a civil case. Judge said it wasnt "certified". What is?

I couldn't afford an attorney, I filed a civil case pro se. The police report was the "smoking gun" and had the facts. The judge would not allow it as evidence because it was not "certified". I contacted that police department, they are unaware of what a "certified... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Welcome to the world of civil litigation, where having a skilled trial lawyer often makes the difference between losing and winning. Teaching point: Regardless of what the official document is, "the smoking gun" notwithstanding, most courts will not allow introduction of any document... View More

2 Answers | Asked in Tax Law, Identity Theft and White Collar Crime for Connecticut on
Q: The IRS says that I received $29,000 and taxed me for it. I never received this money, what to do?

The IRS transcripts say that a fund in my name was sold from a Fidelity account. I have never had an account of any sort with Fidelity or any financial company at all. I was given the name and address of the seller. This action seems like fraud perpetrated as a Trust. How do I get a copy of the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Since the IRS rarely makes mistakes of this size (trust me), you are advised to consult an experienced lawyer to help you find out what happened and then to advise you what to do about it. In today's world of high-tech communication-- and rampant bank fraud-- you do not need a Connecticut tax... View More

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1 Answer | Asked in Immigration Law for Connecticut on
Q: Asylum merit hearing And married to US citizen .!

I’ve filled Asylum and I have merit hearing in 5 months . I have a weak asylum case it’s hard to get evidence from my country . Since I’m married to my Gf she is US citizen. In this scenario what should I do ? As I said I have court coming and most likely my interview for marriage will not... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Mar 20, 2019

Hire an immigration attorney to fully analyze your case and represent you in removal proceedings. The spousal visa process is more complicated when you have an immigration court case.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD processing time Asylum pending in court.

I’ve applied for EAD card my defensively Asylum pending in Court it’s been 180 days when I applied for Asylum with judge . How long does it take to get EAD card ? And would I go For Biometrics? When do you get receipt from USCIS ??? It’s been 3 weeks now didn’t get anything in mail yet .... View More

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 20, 2019

It's only been 20 days since you applied. I'm not sure if your application was correct if you did it on your own, which may be the cause for delay. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAd Asylum...!

I’m waiting on my merit hearing on my Asylum case in court. It takes place in 2020 it’s been 175 days elapsed on my application. I applied EAD 155th day. I haven’t got no response from USCIS no receipt in mail .? Can you please tell me my eligibility of getting EAD am I eligible to get one?... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 20, 2019

It's only been 20 days since you applied. I'm not sure if your application was correct if you did it on your own, which may be the cause for delay. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD Card processing time in Asylum pending 180 clock ..?

I’ve applied for EAD card my defensively Asylum pending in Court it’s been 180 days when I applied for Asylum with judge . How long does it take to get EAD card ? And would I go For Biometrics? When do you get receipt from USCIS ??? It’s been 3 weeks now didn’t get anything in mail yet .... View More

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 19, 2019

USCIS was recently sued successfully, so it is supposed to only take 30 days. That said, historically it takes about 4 months.

1 Answer | Asked in Tax Law for Connecticut on
Q: I got a letter from the IRS saying I have to return the earned income credit. We have joint custody but I have him more

I got a letter from the IRS saying I have to return the earned income credit. My ex wife has “custodial custody” although according to our divorce we share joint physical custody. I have my son 4 days and 4 nights a week, retaining primary physical custody. Isn’t in my right to claim my him... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 14, 2019

File an appeal and present your evidence. Just remember the IRS rules and your state custody laws are not the same.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD with pending asylum in court.

came here on b1 b2 lived here for 5 years overstayed my visa . I was pick up by ice and was released on bond . I filled Asylum in court with judge and I have individual hearing in 2020 November. I was just wondering do I have a right to obtain EAD? It’s been 186 days elapsed on my application... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Mar 14, 2019

You should consult an immigration attorney to calculate the number of days on the asylum clock. Sometimes the clock is stopped without you being aware of it. If you truly have over 180 days, you are eligible to file for employment authorization.

1 Answer | Asked in Immigration Law for Connecticut on
Q: If I'm a US citizen sponsoring my mother for a green card, do I have to sponsor her child who is under 21?

I'm sponsoring my mother for a green card. Her daughter is under 21... if she adds her to her petition so that they can get approved together, do I have to sponsor her daughter (my half-sister)? Or can my mother be her sponsor once she gets her green card?

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 8, 2019

Children are not derivative beneficiaries of the petition. Your half-sister cannot be included or added to the petition. If you need assistance, you should contact an experienced immigration attorney.

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: why when I buy plants are royalties different for the same plant but in a different size?

When my company buys plugs say 72 ct the royalty will be one price, if we buy the same plant in a 32 ct the royalty will be higher in some cases. How can that be?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 19, 2019

I think that it depends on what your contract states. It appears that there is a volume discount at play.

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: can i be charged a royalty on a plant with an expired patent ?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 19, 2019

No. There are many cases where a contract between the patent owner and the licensee stipulated that the licensee will pay royalties even after the patent expires or is found invalid. In such cases, courts have always ruled that such stipulations are not enforceable, under the theory that such... View More

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: When does a plant patent expire 20 years from application or 17 years from granting?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 19, 2019

20 years from the filing date.

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