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Simple Estate. No Will. Is Probate Necessary? And More Free Legal Advice – Free Joe 11/29/11

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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.

Patricia: My mother recently passed away leaving a house. My sister and I are the only heirs. My sister is giving me her half. There are no other heirs. There is no will. There is a reverse mortgage loan due, so I want to sell the house. Do I have to file probate or is the house legally mine to sell?

Joe Escalante: If there is no will and no amazing legal zoom trust, it will go through probate. Probate is so creditors and others can make their claims before the heirs get their hands on the property.

That house will have to go through probate so creditors can get their mitts on it.

Reilly: How important is it to trademark when you have a pending patent?

Joe Escalante: A trademark will puts the world on notice as ti what you are naming your product or service. It protects you and your customers from impostors. Patent only protects your invention from being stolen. 2 different things

Gilbert: mr Joe Escalante i have a friend getting ssi hes asking how can he hide his goods like real estate so they dont know he has

Joe Escalante: I don’t want your friend to do that. Someone has to pay for Obamacare.

Terry: I have a friend whos child was taken by the baby father on false information to DHS in another state. She has been trying a year to regain her child and been led to believe by the locals that she has no chance, His family is the local pd, any idea what can be done ?

Joe Escalante: Sounds like intimidation. She’s going to to have to hire an attorney in the state where the kid is, if you really want that kid.

Marcus: i live in dc what advice would tou give me on trying to get rired as a private investigator at a law firm

Joe Escalante: See if your state has a certification program. That will increase your chances. And watch season 3 of the Rockford Files

Meri: What are the guidelines for having a 17year old minor child’s last name changed from biological father’s name to step father’s name? Could the biological father oppose the name change? If the name is changed could the biological file motion to have the child support amended?

Joe Escalante: This has to be done through the court where bio dad will be able to oppose it.

Suzanne: What is the amount of time one has to fight back when they were injured on the job and then terminated? This happened to a half a dozen middle-aged women at the Toyota plant in Princeton, IN.

Joe Escalante: I think the statute of limitations for wrongful termination claim is 2 years in Jersey. However, with injuries it could be longer like if the injuries weren’t known for a while. Check Attorney Connect for a good labor attorney in your area.

LegalZoom: Here’s the link, Suzanne:

Kailee: How long would it take for a divorce to go through if I filed through this service while I reside in Hawaii and my husband in Utah? I know it varies by states, crossing my fingers Hawaii is one of the quicker ones.

Joe Escalante: You file and you get a Court date. The court clerk can give you some guidelines but if it is contested there is no way to tell how long it will drag on.

Lisa: my question is i have been searching for birth family for many year’s and still not found them, is there anyway to find where my orginial birth certificate would be kept? i am from Patras, greece, and i know that when a baby is born has to be accounted for right? for can you help me? thnank you for your help. lisa daniel

Joe Escalante: I don’t know anything about Greek law, I’m sorry.

Yvonne: Hi Joe. if a third party of a home gifts thier portion while my mother is alive, and she has a will in place that states to divide the home after her passing, will this still be enforces due to the will or did the other party give that up when they gifted thier portion. Atl GA.

Joe Escalante: If title was changed legally it cannot be reversed without the consent of the person on the title that would be affected. A will can only give what was the decedent’s to give.

Anika: If someone has legal guardianship of a child and has had it since birth (7yrs)… what will happen to the child if something happens to the legal guardian? pls answer

Joe Escalante: Without a trust in place to govern this scenario, the court will place the child wherever it feels it’s best interests are served

Jonathan: I work for a manufacturing company building cng busse but they make me bring my own tools in but ca state labor code said they are suppose to provide u tools unless u male double the minimum wage but I don’t make double minimum wage …can I get letfired if I decide not to bring my own tools .?? Wut can I do if I do get fired ??

Joe Escalante: Get a consultation with a “Wages and Hours” attorney in your area. You can also contact the state labor commission to file a complaint, sometimes anonymously.

LegalZoom: Joe has a plane to catch, so that’s it for Free Joe Tuesday! Joe will be back on Friday, 12/9 to answer more legal questions. Come join us then:

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December 1st, 2011 at 6:32 am