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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

Hi,

I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.

Where does that leave her?... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 20, 2024

This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.

Here are a few issues that can come up:

Prenuptial Agreement: This is one way...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: Undivided Property

When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

2 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can one state take my federal tax return while another state is collecting child support? One child same case
Jennifer Setters
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answered on Nov 25, 2024

Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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3 Answers | Asked in Consumer Law, Civil Rights and Education Law for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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1 Answer | Asked in Car Accidents for South Carolina on
Q: Car accident. Other ins had my car fixed w/o my knowledge and want me to accept car. If I do does that end my claim?

I have requested help through my ins but have not heard from them in over a week. Would like unbiased opinion. Other driver 100% at fault. Other ins has drug this out for almost 3 months now. Located in SC.

Roy Willey
Roy Willey
answered on Nov 20, 2024

In general, unless you sign a release document you are not ending your claim. However, you should consult with an experienced attorney about your particular case. Each case will be different based on its unique facts. Also keep in mind you have a limited time to bring a case in South Carolina if... View More

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I take an individual to small claims court if they agreed via text message to pay for a concert ticket

I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2024

You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More

2 Answers | Asked in Education Law for California on
Q: For a student on home hospital, can the resident district refuse to provide work?

For a student who needs to be on home hospital, I saw on the edu FAQ page that while the district of where the hospital is located is responsible for his education during his stay, he “may” continue to stay enrolled at his original school of residence to facilitate an easier transition back... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Generally, if the student's hospital location (excluding state hospitals) is in a different district than the parent's residence, and they qualify for HHI, the district where the hospital is located is the one who will provide the HHI. The parent's district of residence is not... View More

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2024

There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?

Is a power of attorney legal if it has marked thru incorrect and corrected addresses?

James Blount Griffin
James Blount Griffin
answered on Nov 21, 2024

To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More

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1 Answer | Asked in Probate for Michigan on
Q: Probate court issued a bench arrent for me, I need to know the best way to get it cleared up?

The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More

Anthony M. Avery
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answered on Nov 19, 2024

Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More

2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked... View More

William John Light
William John Light
answered on Nov 20, 2024

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

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2 Answers | Asked in Collections and Consumer Law for New York on
Q: How can I dispute a collection agency or get a reduced price for a college tuition debt

I graduated two years ago from Lock Haven Pennsylvania but I was unable to pay the last semester of my tuition and it got send to an agency what can I do to get this amount reduced or completely cut, or how can I get the college to release my actual transcript

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2024

It could depend on the agency. Some are more aggressive than others. You could try to negotiate a lower figure if you are newly out of school and struggling. They MAY or MAY NOT be receptive to your attempts. No one here can say what their position will be. They could say no. If you DO succeed in... View More

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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Hello...I am looking to potentially hire an attorney and my question is this; I am absconding from misdemeanor

Probation and I also have a warrant for a misdemeanor retail theft charge and driving after revocation in Wisconsin..ive moved out of state and do not plan to move back...what I want to ask is if there is any possibility of an attorney talking to the d.a. in the town I used to live and bieng able... View More

Sarah Schmeiser
Sarah Schmeiser
answered on Nov 19, 2024

Because you are on probation it is not just a matter of negotiating an outcome with the prosecutor, as it would be on the new charge. You will have to deal with probation and revocation and a sentence on that in addition to handling the new charge. It is still possible to try to deal with some... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I open a business w/o my wife's assistance, is she entitled to ownership in a divorce?

My salary is $110k. Hers is $135k. We have three kids.

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024

Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More

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