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How to Change a Parent’s Name on a Birth Certificate And More Free Legal Advice – Free Joe 4/20/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Tory: How do you change parental name on birth certificate?

Joe Escalante: You do that by filling out forms at the Department of Vital Records, or your state’s equvialent. Some states require a court order as well.

Cindy: 25 years ago, when my daughter was born I went to the DMV in California and filled out a change of name form and changed my last name. Then I took my new driver’s license to the Social Security office and changed it there as well. So for 25 years my last name has been Moore on everything. My taxes, employment records, driver’s license, my son’s birth certificate and Social Security. Now, I just received a letter to renew my driver’s license from the Oregon DMV. They say they have new regulations pertaining to identification and that I must prove my legal name with either a birth certificate, marriage certificate or a judges order with a legal name change. I thought a person could go by whatever name they chose as long as it wasn’t for illegal purposes. Can they just make me change my name back? That is who I am and have been for 25 years!

Joe Escalante: They can’t make you change your name back to Bertha or whatever it was but to legally change your name it must be done through the court. To establish that you are not doing it for some nefarious purpose, the court has you publish the proposed name change and hearing date in a local paper that no one reads, in a section that no one knows exists. Click the link below for Legalzoom’s help with name changes:

LegalZoom: Here you go, Cindy: http://www.legalzoom.com/legal-name-change/name-change-overview.html?cm_mmc=social-_-fb-_-freejoe-_-na

Barbara: In Florida after 20 years of marriage husband is having mid life thing and wants out- can wife get lifetime support ?

Joe Escalante: Yes, if the court finds it reasonable and you don’t remarry some rich playboy. So you may be throwing the baby out with the bathwater.

Carol: Do I need an attorney to prepare paperwork for a Durable Power of Attorney in FL, or am I able to use one of the Legal forms with 2 witnesses and a Notary. Thank you.

Joe Escalante: This is one of those things that people do without attorneys all the time. Attorneys are a great help, but there’s no legal requirement to use them. And some of them smell. I have a link for you:

LegalZoom: Here you go, Carol: http://www.legalzoom.com/power-of-attorney/power-of-attorney-overview.html?cm_mmc=social-_-fb-_-freejoe-_-na

Jo: Someone living Florida and spouse in North Carolina but they want a divorce, which state do you file in? What if it is contested?

Joe Escalante: In most states, you must be in the state with a permanent home before you can file for divorce.
In most states, you must live in the state for a certain period of time before you can file for divorce there, and the time periods vary. in California, it’s six months, but in New York it’s a year, and in Nevada it’s only six weeks
Sometimes the local county has rules too.
In general you can file where the court has jurisdiction over you. If you are domiciled in Florida, you can file there, but they may not have jurisdiction over your ex, so it gets expensive if jurisdiction is contested.
If it’s a contested divorce, it would be cheaper to file where the ex lives, but you should get a family law attorney to advise you, especially if there are child custody issues.

Annette: If I agreed to keep my life insurance payable to my ex until our son is grown can I set up a special needs trust to “oversee” that amount?

Joe Escalante: It depends on how you agreed. Did you agree in a written contract that says “I promise not to move this policy to a special needs trust?” If so then, that’s a problem. If not, I don’t see why you couldn’t set up this special needs trust as you wish.

Rick: Hey joe, hope all is well
quick question
what happens after my company gets a marshal’s notice? can they seal the door and auction of our tools and things ? also what about cars and bank accounts ? thanks in advance

Joe Escalante: Whatever the judge appoved in the court order, they can do. You have the right to due process, so if the process wasn’t very “due,” you can appeal.

Don: i just got arrested for grand theft in the third degree. iv read the penalties are maximum 5 yrs jail or 5 years probation or 5000$ fine. how do i ensure i get NO jail time? a response would be much appreciated

Joe Escalante: In my jurisdiction, your attorney would go before the E.D.P. prosecuter. That’s Early Disposition Program. He tries to make a deal to avoid jail time based on a clean record or a weak case. E.D.P. also stands for “Everybody Does Prison” so it’s not guaranteed. The other way is to beat the rap. Not guilty means no jail time, for this offense at least. Or you can run away to Mexico, but that can be worse than jail if you are trying to be undercover.

Obby: After a first amended complaint is filed and either answered or demurred to but is never received or served to the defendant, does the original date for the demurred hearing cancel?

Joe Escalante: Sounds like it, but I’d really have to know more. Best thing to do is call the clerk. They answer their phones. It’s amazing.

Jenny: If our son my husbands step-son forged his name to a power of attourney, and got money, is there a statuate of ;limitations on how long my husband has to do something about it?

Joe Escalante: Yes but I don’t know what it would be in your state. Here’s a list someone I don’t know made. It seems to vary from 2 to 10 years. http://www.statuteoflimitations.net/fraud.html

Bryan: I inherited some money from my Aunt, it is in a trust fund, the person who oversees the fund refuses to let me get any money out for expenses, what can I do to get her to release some of the money, I know she gets paid to over see this fund.

Joe Escalante: You go to court and you petition the court to over rule the trustee or have the trustee removed for breaching their duty if their duty is being breached per the written terms of the trust. However, if you’re just asking for money to buy more candy, it ain’t gonna work.

Nicole: I have a question about a patent. Is it true you have 1 year protection if you start shopping your idea around and someone tries to take it? How long does a patent protect you?

Joe Escalante: I believe you are referring to a provisional patent. That lasts 1 year, correct. Here’s some info from the USPTO regarding patent length:Utility Patent- Issued for the invention of a new and
useful process, machine, manufacture, or composition of
matter, or a new and useful improvement thereof, it
generally permits its owner to exclude others from
making, using, or selling the invention for a period of
up to twenty years from the date of patent application
filing ++, subject to the payment of maintenance fees.

Approximately 90% of the patent documents issued by the
PTO in recent years have been utility patents, also
referred to as “patents for invention.”

Design Patent- Issued for a new, original, and
ornamental design for an article of manufacture, it
permits its owner to exclude others from making, using,
or selling the design for a period of fourteen years
from the date of patent grant. Design patents are not
subject to the payment of maintenance fees.

Kevin: Hi Joe, can an employee be charged for a tool (like a sawzall or drill) that was lost or stolen while under his/her possession?

Joe Escalante: This is a good question. The answer would depend on the duty of care that would be imposed upon the employee, and evidence of negligence. This would be up to the trier of fact in a court trial, but in general I would pose this question to the labor commissioner in your district.

John: would it be best to get a divorce so that SS can pay for my wife to be in an assited living facility?..she needs to be there, but we are afraid that if we are married( i am currently still working), that we will lose most all we have paying for the facility..any hints?

Joe Escalante: The only thing I could suggest is to consult with a good estate planning attorney.

Tory: How do you change parental name on birth certificate?

Joe Escalante: You do that by filling out forms at the Department of Vital Records, or your state’s equvialent. Some states require a court order as well.

Cliff: Arizona Versus Gant 2009: I was arrested or being detained for criminal trespassing. I was outside of my vehicle For officers to continue with and demand searching my vehicle after placing and securing me in the back of there cruiser I sat there for a hour and half at which point I gave in and finally ok’d the search there however were some items that were in my trunk and in a locked bag that shouldn’t have been there. I asked for them to allow me to contact my attorney and the owner of the car before agreeing to anything yet I was denied. at what point after being asked at least 20 times to search is it coercion. and at what point is the search illegal as stated in the 2009 ruling of the before mentioned case also if the 2009 ruling vacates any legality to the search the items found how do they become fruit of the poisonous tree? Oregon Multnomah county. Thank you for your time

Joe Escalante: I would think that any decent criminal defense attorney could have any evidence found in that scenario you described barred from admission into evidence in a trial against you. Good luck.

Michael: Joe; I need to petition the court in Idaho, Criminal 4th Judicial to ask for consideration of reinstatement of Drivers License for work purposes only – I was suspended for 5 yrs. from 2011 to 2016; how do I do it Pro-Se, or how can I get Pro-Bono..Where can I get the form to file a motion…Say PDF file. Can you help me?

Joe Escalante: You can do this yourself, maybe not successfully, but you can try. Tell the court clerk what you want to do and ask for some pro se legal resources in your area. No one will do something like this pro bono. It’s not very sexy.

Darlene: The best, way to find someone that passed health insurance is how.

Joe Escalante: You would have to find a record of it in their personal belongings because there’s no government registry of health insurance policies or anything like that.

Darlene: Through probate court, will that tell if the owner has no outstanding leins on properties, and children can claim it.

Joe Escalante: The county property registrar keeps a record of liens. Anyone can look at that info.

Darlene: Will I need to submit my moms death certificate to find out her outstanding wills

Joe Escalante: Again, there’s no registry of wills to search. You will have to find it in her personal belongings.

Karl: Hey Joe i’m payin for used van and 2 days later it stopped running and they would’nt give me my money back.What can i do.

Joe Escalante: If you were deceived, you can sue for contract damages. The damages would be the difference between what the car was worth when you bought it according to the representations made by the seller, less the actual worth. Or you could sue for rescission, to have the contract undone. However, this all would be rare. Most used car deals are pretty much “as is” sales without some kind of proof of fraud.

LegalZoom: That’s it for Free Joe Friday! Come join us next week for more free legal advice and check out Barely Legal Radio w/ Joe Escalante in the meantime!

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April 24th, 2012 at 5:35 am