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2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Public Benefits for New Mexico on
Q: Is dating between two seventeen-year-old cousin illegal in the state of New Mexico?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Nov 15, 2019

In New Mexico, "dating" and even marriage between cousins is NOT illegal.

For more information on the topic, see N.M.S.A. 1978 § 30-10-3.

https://law.justia.com/codes/new-mexico/2011/chapter30/article10/section30-10-3/

FYI: This was posted in the New Mexico Section of...
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1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Public Benefits for California on
Q: Hi, EDD has assessed an overpayment and sent me Notice of Overpayment. Will they press criminal charges against me?

Will they charge me with fraud if I agree to pay the overpayment?

Neil Pedersen
Neil Pedersen answered on Oct 30, 2019

It is not likely that criminal charges would be brought if you agree to repay the money. Nonetheless, because criminal charges are possible it would be wise to consult with a criminal defense attorney before approaching the EDD. Good luck to you.

1 Answer | Asked in Constitutional Law, Consumer Law and Public Benefits for Texas on
Q: Should I get a lawyer to help me get me out if a disability program

I'm Tiffany I'm living in midland tx I'm in a disability program that i really want out of and I feel like I'm be here forever I just really want out of this programr should I get a lawyer to help me get out and what kind would I need

Tim Akpinar
Tim Akpinar answered on Oct 25, 2019

A Texas attorney could answer your question best, but it remains open for a week. It's difficult to determine how difficult it would be to get out of the program without knowing about its terms and what conditions or laws govern leaving the program. One option to learn more could be to conduct the... Read more »

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: I've been on disability for health reasons, and my employer fired me. Can I request unemployment while on sdi still?

I read unemployment is viable if I'm ready to work, but I'm still ok disability, so I can't work. I don't know what to do.

Neil Pedersen
Neil Pedersen answered on Oct 25, 2019

No, you cannot get SDI and Unemployment Insurance benefits at the same time. SDI is available if you have a disability that prevents you from working. UI benefits require that you are ready, willing and able to perform full time work and are actively seeking such work.

Good luck to you.

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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1 Answer | Asked in Family Law, Child Custody and Public Benefits for Kentucky on
Q: If I take legal custody of a child that receives survior benefits for a parent, will they still get those benefits?

One parent is still alive and we have a joint custody agreement, although the child lives with me full time. No relation, the parent just couldn't care for the child anymore so I stepped in to help out.

Timothy Denison
Timothy Denison answered on Oct 9, 2019

They should continue to receive them, yes.

1 Answer | Asked in Public Benefits and Social Security for Massachusetts on
Q: Is my wife eligible for Social Security Disability?

My wife, 57, is legally blind. Her vision has steadily gone downhill for 15-20 years and hasn't driven since 2005. She hasn't worked since 1995 after our second daughter was born.

L. David Ferrari
L. David Ferrari answered on Oct 3, 2019

Maybe, but unlikely. If she is qualified for disability for medical reasons, because she has not paid into Title 2 AKA SSDI since 1995, she would not qualify financially. The other benefit available IF she medically qualifies, is Supplemental Security Income AKA Title 16 or SSI.

SSI is...
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1 Answer | Asked in Public Benefits for Tennessee on
Q: Can I get the evidence the d. A has against me before my hearing without a lawyer
Anthony M. Avery
Anthony M. Avery answered on Sep 26, 2019

You do not state what type of hearing you have. I seriously doubt you know how to ask for discovery, which is never everything anyway. Hire a competent attorney to represent you, as it looks like you are about to make an irreversible mistake. If you are at Sessions, then you usually do not... Read more »

1 Answer | Asked in Criminal Law and Public Benefits for New York on
Q: In ny cbd is legal as well as hemp itself. Could I grow a plant?

I use cbd for chronic pain, however the cost adds up and in order to save money I was wondering if it would be legal to grow a plant as long as it is less than .3% thc.

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Sep 5, 2019

Legally? No, although I think this is an issue ripe for appeal now. Many states are having legal problems with distinguishing industrial hemp buds from marijuana buds and it’s a likely issue to get into our appellate system soon, which will create controlling caselaw on the issue... we will see... Read more »

1 Answer | Asked in Personal Injury, Public Benefits and Social Security for Texas on
Q: Im looking a kick the door open lawyer!

I have two polices with aig AD&D my company keeps telling me for a month now there reviewing my case. I lost my shoulder, arm, & hand due to part injury and part cancer. I have paid in full to aig and now i should collect. Please let me know what you think.

Ronald Dean Gresham
Ronald Dean Gresham answered on Sep 4, 2019

HI. I will need more information from you to answer your question. How did you lose shoulder, arm, and hand due in part to an injury? What injury? You can always email me directly at dean@greshamlawgroup.com or call me at 972-387-4040 and ask for Dean Gresham.

Thank you.

Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen
Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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1 Answer | Asked in Public Benefits and Social Security for Hawaii on
Q: I am 56 yr male. I have been butcher for 33 years,only profession I know. Have glaucoma for 15 years. Take 4 medicines

Daily. Right eye 20/200 with 70% loss of vision. Left eye 20/50 with 60% vision loss. Can I qualify ssdi

Tim Akpinar
Tim Akpinar answered on Aug 22, 2019

An attorney who deals with SSDI matters (and who could hopefully give you meaningful direction here) would have better chances of picking up your question if you added a couple of categories, or reposted. Try adding "Social Security" and "Public Benefits" to your categories. Or you could also... Read more »

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney as soon as the... Read more »

1 Answer | Asked in Immigration Law, Education Law and Public Benefits for Arizona on
Q: I'm a senior in college and I've been using FAFSA ever since freshman year. Will that hinder my citizenship application?

I've never failed any classes. I'm actually an honor roll student and have been awarded scholarships.

Kevin L Dixler
Kevin L Dixler answered on Aug 13, 2019

If you have falsely claimed to be a U. S. citizen on the FAFSA, among other issues, you can be placed in removal proceedings for deportation.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any complications. Good...
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1 Answer | Asked in Immigration Law, Public Benefits and Social Security for Texas on
Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits

My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he wasn't... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 6, 2019

This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!

If "the rep" is not an...
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1 Answer | Asked in Public Benefits for Nevada on
Q: If I had a drug Felony in 1993 from a different state can I work in a dispensary
Patricia Warnock
Patricia Warnock answered on Jul 26, 2019

To work in a marijuana establishment in Nevada, you must obtain an agent card. You should review the requirements for obtaining an agent card to see if you qualify as there are several requirements, including references to previous drug convictions. The application is on the Nevada Department of... Read more »

1 Answer | Asked in Criminal Law and Public Benefits for Texas on
Q: Can I sensor tax returns they are requesting?

Im currently under investigation by the OIG for HHSC for medicaid and food stamp fraud. I haven't been charged yet. But they are wanting me to submit copies of the kids dads tax returns for the past 8 years. He is currently under an IRS audit after the tax preparer made a mistake on his income. He... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jul 13, 2019

Remember, if the fish kept it's mouth shut it would not have got caught.

Because OIG is attempting to prosecute you, hire a lawyer to represent you. I would not trust them because if they just need to confirm his address they d/n need 8 years. Also going back that far in time could subject...
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