Maria C. Tebano’s Answers

Maria C. Tebano

Newtonville Family Law Attorney.

Contributor Level 15
  1. If 2 women have married to the same man & can show proof of marriage certif & he suddenly dies without a will who gets the

    Answered over 1 year ago.

    1. Maria C. Tebano
    2. Lori Noel Bovee
    3. Yefim Rubinov
    4. Eric Edward Rothstein
    5. Bruce Howard Guttman
    6. ···
    6 lawyer answers

    If the man was never divorced from the first wife, and the first wife is still alive, then that marriage is still legal and valid. The second marriage is void and not legal. It is as though the second marriage never took place. Therefore, the first wife is the legal heir, if he died without a Will. The fact that the second wife is on the death certificate is of no moment. The proof of marriage for the second marriage, just confirms that he was guilty of bigamy and does not establish a...

    14 lawyers agreed with this answer

  2. This crazy girl is always threatening to kill herself. If she blames me can I go to jail

    Answered over 1 year ago.

    1. Maria C. Tebano
    2. Joseph A Lo Piccolo
    3. Howard A. Schwartz
    4. Jayson Lutzky
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    I don't see how you can get in trouble if she kills herself, unless you coached her into it or assisted her in some way. I am also going to change your tag to criminal law.

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  3. I would like to move to my home state NJ when the divorce is over will i be allowed to?

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. Maria C. Tebano
    3. Jean M. Mahserjian
    4. Howard A. Schwartz
    5. Mark A. Feldman
    5 lawyer answers

    Whether you will be permitted to move to NJ with your child after your divorce is final depends on whether your spouse will consent to you moving with the child or whether the court will grant permission for you to move. When your child is 18 years old, you will not need consent to move, since custody orders terminate when the child is 18 years old, even though child support orders terminate at the age of 21.

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  4. My husband died befor the divorce was final his son is threatening to go after my property can he do that

    Answered almost 2 years ago.

    1. Maria C. Tebano
    2. Howard M Lewis
    3. Jean M. Mahserjian
    4. Paul Karl Siepmann
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    If your divorce was not final at the time of his death and you and he did not enter into an agreement settling your property rights, then everything that is in joint names with rights of survivorship remain yours. If he died with a Will, then all property that is not in joint names with rights of survivorship will pass through his will. If he didn't have a Will or had a Will and disinherited you, you will have a right to elect against his Will. Was there a Will or an agreement? Don't be...

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  5. My father, age 88, married an illegal alien, age 40, who only wants his $. Is this entrapment if my father's judgment is off?

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Jack Richard Lebowitz
    3. Maria C. Tebano
    4. Rixon Charles Rafter III
    5. Boris Alexander Palant
    6. ···
    7 lawyer answers

    Entrapment is not the correct term. She did whatever she had to do to accomplish her goals. The fact that your father who deem his behavior off when he was younger doesn't mean that his needs at age 80 would not result in the foolish behavior he now engages in. There is nothing at all that you can do about what she is doing with your father. Perhaps they have an arrangment that you are no aware of. He can certainly divorce her, if that is what he wants, but she isn't doing any criminal or...

    10 lawyers agreed with this answer

  6. Do I need an attorney to go over separation agreement if going through mediation?

    Answered about 1 year ago.

    1. Jean M. Mahserjian
    2. Maria C. Tebano
    3. Jayson Lutzky
    4. Peter Christopher Lomtevas
    5. David Ivan Bliven
    6. ···
    9 lawyer answers

    Yes, thats why the mediator told you to consult an attorney before going back. The mediator is not your attorney and does not represent your best interests. I suggest you spend the money to have the agreement reviewed so that you don't make any mistakes that can't be fixed.

    10 lawyers agreed with this answer

  7. Uncooperative custodial parent, attended 3 meetings and still no additional time with the children.My attorney says I won't win

    Answered almost 2 years ago.

    1. Maria C. Tebano
    2. Douglas Shaun Kepanis
    3. Michael Colin Barrows
    3 lawyer answers

    In addition the contempt/violation petiton that you filed, you should also file a petition for modification of custody. The modification petition would include all the allegations contained in your contempt application and more. The attorney for the children is duty bound to represent the children and advance their position, unless the children are to young and then she can replace her judgment for that of the children. If you do not believe the attorney for the children is properly...

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  8. Should i contact a lawyer before i tell my husband im filing for divorce

    Answered about 1 year ago.

    1. David Zaslavsky
    2. Eric Edward Rothstein
    3. Louis Lawrence Sternberg
    4. Maria C. Tebano
    5. Howard A. Schwartz
    6. ···
    7 lawyer answers

    You should definitely contact an attorney before you tell your husband that you want to file for divorce, so that you can have all your ducks in a row firs.t

    9 lawyers agreed with this answer

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  9. When a couple get a divorce by law do you have to mention the kids.

    Answered about 1 year ago.

    1. Jeffrey B. Peltz
    2. Jill Marie Zuccardy
    3. David Alexander Browde
    4. Mary Katherine Brown
    5. Maria C. Tebano
    6. ···
    9 lawyer answers

    Yes, you have to mention the kids both with respect to custody and child support. Check out this site for forms: http://www.nycourts.gov/divorce/forms.shtml

    9 lawyers agreed with this answer

  10. I purchased a home in 1998 as a single woman. I have one son. I married a man with two children in 2005.

    Answered over 1 year ago.

    1. Maria C. Tebano
    2. Yefim Rubinov
    3. James D. Kiley
    4. Joseph Allen Bollhofer
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    Keep the house in your name, give your husband a life estate and then Will your son 50% of the house and the other two 25%. Otherwise, just prepare a Will and put your wishes in the Will. The last thing you want is to get a divorce and then the house is disposed of in ways that may undermine your desire wishes.

    9 lawyers agreed with this answer