Native American Law Questions & Answers by State

Native American Law Questions & Answers

Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

1 Answer | Asked in Family Law, Native American Law and Probate for Oklahoma on
Answered on Apr 17, 2018
Richard Winblad's answer
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit
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Q: If my estranged mom dies people do not have a way to notify me. What happens. Is there a way to find out if she has wil

1 Answer | Asked in Native American Law and Probate for Alabama on
Answered on Apr 10, 2018
Jack T. Carney's answer
I am sorry about your difficult past and situation. If you are still her legal heir (next of kin) and assuming those rights have not been severed, then you would legally be entitled to notice of any Will filing. If she dies without a Will, you may be entitled to all or a portion of her estate (depending on whether she has other heirs). There is no way for you to find out about a Will or plans while she is alive (unless you ask her). The best thing that you could do would be to find out when...
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Q: Do I have to repay a tribal loan?

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Answered on Feb 13, 2018
Mark Oakley's answer
It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.
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Q: my boyfiend is a pakistani and im an american... we want to marry but he cant enter USA. so how to get marriage licence

1 Answer | Asked in Native American Law, Family Law and Immigration Law for Texas on
Answered on Jan 26, 2018
Robert Donald Gifford II's answer
Most jurisdictions do not allow for marriage by proxy, but there would appear to be no prohibition of you traveling to him (or another country) to meet and marry. For you to have him to be able to enter the U.S., you will still need to go through immigration and file paperwork.
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Q: I live in alaska and parental rights where taken from me. Is there any way i can get my rights back.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Native American Law for Alaska on
Answered on Jan 26, 2018
Stefan Otterson's answer
The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no recourse, as long as the adoptive parent is providing minimally adequate care.
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Q: I have a car and give rides to a lot of people. If a passenger had an illegal substance on his person, could I still be

1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Answered on Dec 27, 2017
Keegan Kelley Harroz's answer
Yes, you can be held responsible for any illegal items/substances that are found in your vehicle. It is your responsibility to ask about and/or know and/or inspect all items entering the vehicle.
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Q: Can a mothers rights be terminated while the mother is incarcerated?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Nov 26, 2017
Gary Johnston Dean's answer
There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law
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Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

2 Answers | Asked in Native American Law and Patents for Maryland on
Answered on Nov 13, 2017
Peter D. Mlynek's answer
There is no limit how many variations of ONE invention you can cover.

But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.

The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
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Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name

1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Answered on Oct 30, 2017
Pete David Louden's answer
Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.
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Q: I want to know how are people able to create gifs from copyright content and not be sued?

1 Answer | Asked in Copyright, Intellectual Property and Native American Law for Texas on
Answered on Aug 25, 2017
Will Blackton's answer
You've asked two different questions here:

(1) why aren't people who create gifs from copyright content sued and

(2) how can you create gifs and ensure you aren't sued.

To respond to the first question: someone has to enforce their interest in copyrighted content; if the person who owns the content doesn't find infringement or doesn't care about that particular infringement, they don't sue. Does Dan Harmon want to sue your grandma because she thinks Pickle Rick or Mr....
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Q: I need a native law lawyer for sexual harassment. I work for a native casino

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Answered on Jun 29, 2017
Ali Ebrahimzadeh, Esq.'s answer
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: I got a speeding ticket on a reservation - does it count against my insurance?

2 Answers | Asked in Native American Law for Colorado on
Answered on Jun 17, 2017
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Q: Can I get spousal support when my husband is in an Indian tribe? That's our only income

1 Answer | Asked in Divorce and Native American Law for Florida on
Answered on Jun 16, 2017
Terrence H Thorgaard's answer
Probably, but what is the kind of income you're asking about?
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Q: hi can i get green card if i am fhather of litle american citizen?

1 Answer | Asked in Civil Rights, Immigration Law and Native American Law for Wisconsin on
Answered on Jun 9, 2017
Roger Carl Algase's answer
It sounds as if your wife needs to see a good doctor - and a good immigration lawyer, if she wants you to stay in America to help take care of your child. In order for a US citizen child to sponsor a parent for a green card, the child has to be at least 21 years old.

A long wait, in your case!
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Q: Will I need to renew my Indian Passport, before I apply for U.S. citizenship and during the citizenship interview?

1 Answer | Asked in Immigration Law and Native American Law for New Hampshire on
Answered on May 25, 2017
Randall Drew's answer
You won't need it to be unexpired if your green card is still valid. You will need an acceptable form of photo ID which is unexpired.
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Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey

1 Answer | Asked in Consumer Law and Native American Law for New Jersey on
Answered on May 20, 2017
Leonard R. Boyer's answer
No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
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Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.

1 Answer | Asked in Native American Law on
Answered on May 20, 2017
Robert Donald Gifford II's answer
There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.
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Q: What do a man's children need to do after his unexpected death ?

1 Answer | Asked in International Law, Native American Law, Probate and Social Security for Massachusetts on
Answered on May 11, 2017
Kenneth V Zichi's answer
Your CHILDREN'S relationship is not one of 'common law' and assuming they are over the age of majority, they should contact a MA lawyer to determine if probate is needed, and what they need to do to assert a claim.

If they are NOT yet of the age of majority, YOU can act on their behalf. The procedure for doing that varies from state to state, so again, contact a MA attorney to determine what you need to do and how to proceed.

Bear in mind, if there were no probate estate...
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Q: In a compact of free association, can congress give US citizenship to the people of a sovereign country?

1 Answer | Asked in Immigration Law and Native American Law on
Answered on Apr 20, 2017
Robert Donald Gifford II's answer
I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.

Q: How do I get a post storage hearing on my vehicle which was towed without notice on tribal land

1 Answer | Asked in Native American Law for Arizona on
Answered on Apr 3, 2017
Robert Donald Gifford II's answer
This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.

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