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Military Law Questions & Answers
2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
Gregory M. Rada
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Gregory M. Rada
answered on Feb 26, 2023

It's not necessarily the military's "fault," but regardless, the general rule is that if a medical condition first started during active duty (meaning it wasn't a pre-existing condition), then you can receive disability compensation from the VA when you separate from the... Read more »

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2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
James L. Arrasmith
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answered on Feb 26, 2023

If you developed seizures while serving in the military, without any prior history of seizures, it may be possible that your seizures were caused by a service-related condition or injury. This could entitle you to certain benefits or compensation through the Department of Veterans Affairs (VA).... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

Supplementing attorney Tournet's post, I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Christie Tournet
Christie Tournet
answered on Feb 24, 2023

Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... Read more »

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1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
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1 Answer | Asked in Military Law for California on
Q: What Title 10 12301 subsection ( for National Guard) does IET ( Basic Training ) fall under? Is it 12301(a), (b), etc.?
James L. Arrasmith
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answered on Feb 20, 2023

Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.

2 Answers | Asked in Probate and Military Law for Texas on
Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM

He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.

If your son was not married at the time of his death and did not have...
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1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Bankruptcy and Military Law for Washington on
Q: Will it effect my military husband if I file bankruptcy?

I got into an accident and didn’t have insurance and am now expected to pay $22,000. I don’t have that kind of money and am trying to explore my options. Desperately need help.

Robert C. Hahn III
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Robert C. Hahn III
answered on Jan 3, 2023

Really the best answer to this question is to consult with an experienced bankruptcy attorney. Usually married couples file bankruptcy together, but they are not required to and some file individually. If you file individually without your husband joining the petition it may or may not effect him... Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for California on
Q: I’m active duty in California, but I’m from Colorado do I need to register my pistol from back home?

What’s the max capacity magazine for a pistol?

Jason R Wareham
Jason R Wareham
answered on Dec 20, 2022

If you live on a military base, the answer is almost always yes.

While I am not a CA attorney, perhaps this statute can assist you: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17000.

If you live off base, I'd recommend a brief...
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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

William John Light
William John Light
answered on Dec 5, 2022

If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.

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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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1 Answer | Asked in Military Law, Animal / Dog Law and Civil Rights for New York on
Q: can i get my dogs back if im a disabled veteran ptsd 70% and sign a surrender from due to lack of payment for treatment

My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... Read more »

Benjamin Z. Katz
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Benjamin Z. Katz
answered on Nov 19, 2022

By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Q: I live in VA and retired from the military. I have a DD214, and my home of record is Texas. Can I break my lease?

I have the SCRA clause in my lease.

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... Read more »

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
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answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

1 Answer | Asked in Military Law on
Q: If I am a former prisoner at a military correctional facility am I allowed to contact other former inmates?

I just want to make sure they are safe and got to where they needed to be. I want to help the guys who werent as lucky as me to have a good support system. I am not on parole, I am not released on any conditions.

Sean F. Mangan
Sean F. Mangan
answered on Sep 12, 2022

It depends on the conditions of your release. For service members who served a longer sentence (those over 10 years and usually those over 20) there is the possibility of early release through a parole system. When released, those individuals may carry similar conditions on release that limit who... Read more »

1 Answer | Asked in Child Custody and Military Law for North Carolina on
Q: Does only the judge have to sign a temporary custody agreement due to military deployment (this is after he deployed)

On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she... Read more »

Sean F. Mangan
Sean F. Mangan
answered on Sep 12, 2022

A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a... Read more »

2 Answers | Asked in Divorce and Military Law for California on
Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 22, 2022

This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »

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