Archived
My sister is primary caretaker for 96 year old mom. She's had my mom remove me and 2 siblings from will, changed locks
Mary Katherine's answer
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Answered on August 09, 2013
You can petition for an Article 81 Guardianship, and the court will help sort out the problem. An attorney may be appointed for your mother who...
Archived
If my fiancee agrees to what is in the prenuptial. how long for her lawyer to 'negotiate' it and have her sign it?
Mary Katherine's answer
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Answered on August 09, 2013
If she "agrees" without really knowing what the alternatives to agreeing are, then she's not really agreeing and the "agreement" may not be...
PRENUPTIAL WAIVER OF DISCLOSURE?
Mary Katherine's answer
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Answered on August 09, 2013
Bad idea not to disclose if you want the agreement to be fully enforceable. A future spouse cannot waive rights to property they don't know exists...
Archived
HOW FAR AHEAD OF MARRIAGE SHOULD A PRENUPTIAL AGREEMENT BE SIGNED TO BE ENFORCEABLE IN A DIVORCE CASE IN NEW YORK?
Mary Katherine's answer
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Answered on August 09, 2013
The issue with the timing is that if it is too "rushed" or "pressured" then sometimes a party may argue to set it aside later. While the court...
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Archived
If 2 sister have been adopted by 2 different families do they still have rights to visit with each other
Mary Katherine's answer
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Answered on August 09, 2013
I agree with both the previous answers. In short, while the minor children cannot bring such petition on their own, guardian (or perhaps another...
Archived
Can I get full legal custody of my child when the father hasn't had contact for 3 years and owes over $25,000 in child support?
Mary Katherine's answer
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Answered on August 09, 2013
Yes, you already have de facto sole custody, so having it formalized by the court should not be terribly difficult. The court will advise you of...
Archived
My disabled 18 year old does not want to see family members, isn't that his choice?
Mary Katherine's answer
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Answered on August 09, 2013
It is his choice unless he has been found to be incompetent and a court has ordered that someone else is responsible for making these kinds of...
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Archived
Can I file for visitation rights if the child is living in another state and of an age where they can refuse visits?
Mary Katherine's answer
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Answered on August 08, 2013
Yes, of course! You will need to file in the child's "home state" which will be either the state where the child has lived for the past 6 months,...
Archived
What is the best way for me to obtain joint custody for my 2 minor sons who live in NC and I live in NY?
Mary Katherine's answer
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Answered on August 08, 2013
It sounds like NC is the "home state" for the children so you'll be best served by contacting an attorney in NC for assistance filing a petition...
Archived
How can I change my legal address, residence, etc... from Virginia to NYC when I live overseas as a DoD Civilian?
Mary Katherine's answer
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Answered on August 08, 2013
Generally speaking, you have the right to decide where you will be "domiciled", which is slightly different from where you may reside. A person...