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If the permanent resident decided to leave the country, could his pension be sent to his country of origin?
answered on Feb 3, 2020
It depends on what you mean by "pension." For Social Security benefits, you can usually still get those outside of the United States. It depends on what country your citizenship is from and what country you are going to. However, Medicare benefits cannot go to someone outside of the... View More
My father didn’t want to do anything about it when she died less than 10 years ago.
My uncle just died in California. What are my and my two brothers’ and possibly my father’s legal options in regards to that inheritance? We live in Idaho.
answered on Jan 25, 2020
Your uncle's estate will likely be distributed according to his own estate plan, as opposed to your grandmother's. If your uncle has no trust or last will (his "estate plan"), his assets will be distributed according to a table of consanguinity. That table basically looks at... View More
If My mother suddenly dies. Do they own her possessions because they are own the house?
answered on Jan 5, 2020
No, the personal property is not included in the sale UNLESS the purchase and sale contract specifically includes the personal property and the personal property is transferred to them during your mother's lifetime by a Bill of Sale.
answered on Dec 27, 2019
Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck
Tim Akpinar
answered on Dec 24, 2019
It means the attorney is licensed in that jurisdiction (state) to practice law (represent and advise clients and handle other ordinary work as an attorney). When you say "jurisdictions" (in the plural), it means the attorney is admitted in more than one state. Good luck
Tim Akpinar
Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.
answered on Dec 22, 2019
Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... View More
Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still... View More
answered on Nov 11, 2019
Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But,... View More
I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... View More
answered on Nov 7, 2019
Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... View More
Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?
Can they be sued? Wrongful death? Alienation of affection ? Or?
answered on Nov 3, 2019
I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... View More
An assault was reported to the police. The victim was obviously assaulted. The police report was given to the prosecutor. The prosecutor chose not to charge the offender with the crime. Offender has a long record of assault on this victim and others. How do I get him charged and punished for... View More
answered on Nov 1, 2019
A Writ of Mandate in Idaho law, is reserved for those for whom a duty is owed by some person in power. It is designed and reserved to enable someone for whom a duty is owed, to require the empowered to do what is "required" of him/her to do.
The Prosecutor does not owe you a... View More
answered on Oct 24, 2019
A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.
This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If... View More
The money comes from a tax on Amazon. How do i get a piece of it ?
answered on Oct 24, 2019
I didn't know that private citizens were entitled to share in a tax imposed upon Amazon? What makes you think that you're entitled to take part of a tax that Amazon has to pay based upon, what? I need a LOT more information before I could give you a very good answer.
Idaho
A trust was formed and land was put into it.
After this the land was placed in an LLC in 2011, but the Named owner of the LLC is a person (the grantor of the trust), not the trust. In other words the trust does not mention the LLC and the LLC does not mention the trust.... View More
answered on Oct 21, 2019
If you can show that the LLC membership interests are owned by the trust, then you would need the trust instrument in order to properly administer it.
If the LLC membership interest is owned by the decedent, then the first place to look is the LLC operating agreement or perhaps a... View More
Can I pay hourly and where do I go?
answered on Oct 14, 2019
I understand money issues but custody papers and being self-represented do not go together. You can't imagine the difficulty of what you're thinking about doing. I would SO STRONGLY recommend that you ask family to loan you some serious money and hire an excellent attorney who knows the... View More
answered on Oct 14, 2019
2399 S. Orchard St., Ste. 204
Boise, Idaho 83705
Law Offices of Kevin M. Rogers
Attorney at Law
I was storing my bed, couch, everything, for about 4 months and when I moved my stuff back into my apartment, I found out I had gotten bed bugs from them. Prior to them storing my belongings, I had paid the extra amount for “storage insurance” meaning if any of my belongings had become damaged... View More
answered on Sep 30, 2019
These tend to be tough cases. The problem is that it could be costly to establish the source of the bedbugs. Plaintiffs in these cases can be confronted with the argument that the source could be any number of places. You could consult with an Idaho attorney to get a better idea of the viability... View More
answered on Sep 25, 2019
You could go to the Find-a-Lawyer tab above and look through attorneys on this site, you could conduct independent searches of your own, or you could try the resources of the State Bar of Nevada. Good luck
Tim Akpinar
I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options
answered on Sep 18, 2019
I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried... View More
We have a signed document from the judge stating that a specific third party organization will pay us September rent for our tenant, made payable to my husband and I, mailed to our house post mark dated by the 13th. If this was not followed it was grounds for an immediate writ of execution. We just... View More
answered on Sep 13, 2019
This is not true. You have the right to have legal counsel and I recommend you do! The ONLY legal actions I can think of in which you must represent yourself are if they sued you for back rent in small claims court and ?
If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?
answered on Sep 9, 2019
Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to... View More
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