Questions and Professional Answers

• Affidavit of Heirship

  May I use a General Affidavit to provide an Affidavit of Heirship? Does the content of the general affidavit, in essence, make it an Affidavit of Heirship? Is there any actual form call Affidavit of Heirship?

  • Re: Affidavit of Heirship

    In essence, an affidavit of heirship is just a family tree. For help, see www.courts.state.ny.us/forms/surrogates/omni/familytree.pdfMike.

    Michael Markowitz
    Michael A. Markowitz, PC
    1553 Broadway
    Hewlett, NY 11557

• summary diposition

  what is a summary disposition and how do I repley to one. I need to file a counter affidavit, for the plaintiff's complaint.as required by MCLA600.2145 how and were do I go. do I have to fill out a general affidavit or affidavit for deptor. I replyed with the answer civil form but that was not good I did not reply right. opposing affidavit

  • Re: summary diposition

    It sounds like a collection case was filed against you. They attached an affidavit making it a "stated account". Your failure to file a counter affidavit means that they have put forth what is known as a "prima facie" case. This means that unless you counter with substantial evidence, they automatically win. You only have 10 days to file the affidavit, unless the court allows you more time. Basically, just file a paper saying that you were first sworn and tell your story as to why you do not owe the money and have it notarized. The judge will probably accept it. You must jump on this due to the time constraints. If you have already blown the time period, get a motion form from the court and file a motion to allow you extra time to file the affidavit. Bill Stern 248-353-9400

    William Stern
    William Stern, P.C.
    24750 Lahser Road
    Southfield, MI 48033

• I-485

  I have submited the I-485 application. My mother isthe petitioner.I think, we did submit heraffidavit of supportwith the originalapplication, whichwas not acceptable.My sister filled out anotheraffidavit, which i sent withmy I-485.Now, they want my mother,saffidavit, again, and sheis not here in the statesnow.Please, kindly guide me thruthis problem. Why would theywant my mother's affidavit,when my sister has recentlygiven an affidavit ofsupport?

  • Re: I-485

    If your mother was, as you say, the I-130 petitioner, generally speaking, the petitioner (your mother) should be the person to submit the I-864 affidavit of support, and if there is a joint supporter (your sister), then it should have been on I-864A affidavit of support to show that you reach the level of support required. For further questions, you should contact Attorney Jennifer Brill to assist you in this matter

    Jennifer Brill
    Law Offices of Jennifer Brill
    San Francisco
    San Francisco, CA 94118

  • Re: I-485

    My only advice is: DO NOT do these immigration applications by yourself. Get a qualified immigration attorney to help you. 75% of the time, maybe more, there's always problems with people doing their own applications. You end up wasting months or even years when the whole thing could have been finished in 4 months.Larry Liem Doan, Esq.www.GuruImmigration.com

    Larry L. Doan
    Law Office of Larry L. Doan
    11664 National Blvd., Suite 317
    Los Angeles, CA 90064

• supplement to affidavit?

  i am representing my self in my divorce, pro se. i filed a motion for temporary relief and also an affidavit in support of the motion. i have a few more things i wish i'd included in the original affidavit...and was wondering if now i may i now file a ''supplemental'' affidavit in support of the motion for temporary relief? it's kind of to answer respondent's affidavit that i received just after filing my affidavit. so can i answer his affidavit? or do i simply create a supplemental affidavit of points i didn't know he'd bring up, so didn't include? i need to know the appropriate doc. form for these thoughts. also...i would like to give the respondent the oportunity to read the document i am speaking of before i file it, so that if he wishes it not to be filed and made public, he can settle instead. would that be legal? and if so, do i just drop it off with his attorney so they can review it? i have a protective order against the respondent so we are not in contact directly.thank you so very much for your help.

  • Re: supplement to affidavit?

    You may file the supplemental affidavit. You can also sent it to the respondent before filing. An affidavit needs to include the language "I **, under penalty of perjury affirm the following (or above) is true and correct of my own knowledge and belief...." It must also be notarized. The original always goes to the judge, with a copy to the other parties.

    Alvin Lundgren
    Alvin R. Lundgren, L.C.
    5015 W. Old Hwy 30 Ste 200
    Mt. Green, UT 84050-9752

• affidavit

  Does an affidavit have legal binding. I am currently wanting to use it in lieu of getting a restraining order out on someone. If I have her sign an affidavit that she will leave me alone does that make her legally binded to do so

  • Re: affidavit

    An affidavit alone does not constitute a restraining order in Rhode Island. An affidavit may be helpful in getting a restraining order approved if there are admissions in the affidavit.If this person is related to you by blood or marriage or you have a child together then you need to look into whether you qualify for a Family Court protection from abuse order. If this is a girlfriend and you do not have a child together, you need to look into obtaining a District Court restraining order. I suggest that you contact me or another Rhode Island (RI)attorney.In order to obtain a restraining order you must show that you are in fear of imminent physical harm or that you have been assaulted or threatened or other grounds.

    David Slepkow
    Slepkow Slepkow & Associates, Inc.
    1481 Wampanoag Trail
    East Providence, RI 02915

• Affidavit

  I was able to download the affidavit that I need to close my brother's account but what state can I get it noterized? The paper is from Las Vegas but I live in chicago can I just do it here? The affidavit I have can also be used for the pawn shop and the bank

  • Re: Affidavit

    A Illinois notary public can notarize a document that came from another state, however, the notarization by the Illinois notary must happen in Illinois.Also, make sure that the certificate the notary places on the document being notarized includes "State of Illinois, County of Cook." Cook is just an example. Use the county where the document is notarized.You should also contact the person you are sending the document to in order to see if you need to attach a Certificate of Authority to the notarized document. This is a document available from the county clerk where the notary is registered. This document is proof that the notary was a legitimate notary at the time he/she notarized the document.**This answer does not create an attorney-client relationship. This answer should not be relied upon. It is only a response in a discussion of legal principles. Contact a licensed attorney in your state before taking any legal action.**

    Jeremy Richey
    Jeremy Richey, Attorney at Law
    P.O. Box 1101
    Charleston, IL 61920

• How do I submit an affidavit ?

  My divorce attorney has submitted an order to show cause against me for contempt of court. I am submitting and Affidavit in Oppostion of her order to show cause. I do not know how to deliver this affidavit to her or the courts? Do I have to mail and hand deliver the affidavit to the courts? Can I mail the documents by regular mail?If I mail the documents do I need an affidavit of service? If I do, can I type out my own affidavit of service or do I need a special form?

  • Re: How do I submit an affidavit ?

    in person to the court, by mail to the lawyer

    Andrew Nitzberg
    Andrew Nitzberg & Associates
    222 Centre Street, Suite 5-C
    New Rochelle, NY 10805

  • Re: How do I submit an affidavit ?

    You serve it to her by mail and an original has to be hand delivered to the clerk of the court with an affidavit of service. Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

    Stephen Loeb
    Law Office of Stephen R. Loeb
    75 Maiden Lane, Suite 339
    New York, NY 10038

  • Re: How do I submit an affidavit ?

    The OSC may specify the maner in which opposition is to be served upon the movant. As the other attorneys noted, you must file your opposition papers with the affidavit of service in court.

    Seth Kaufman
    Kaufman PLLC
    145 West 27th Street, Suite 6E
    New York, NY 10001

• Affidavit

  I have been asked to give an affidavit in an out-of-town divorce case. The affidavit form states ''appeared before me, a duly commissioned officer of the State of Georgia;'' can that be a notary public, or does it have to be a lawyer, judge, etc.?

  • Re: Affidavit

    An affidavit is genereally signed in front of and attested by a notary public.

    Stephen Worrall
    GeorgiaFamilyLaw.com, The Law Firm of Mullin & Worrall, LLC
    109 Anderson Street SW Suite 100
    Marietta, GA 30060-8610

• Procedure to void paternity affidavit

  I signed an affidavit of paternity after July 1, 1997. I am now in a custody battle. I recently discovered (through DNA testing) that I am not the biological father. Under statute (RCW 26.26.335), I only had two years to challenge the paternity affidavit. My only recourse now appears to be having the court void the paternity affidavit (under RCW 26.26.305). The affidavit itself is incorrect, in that the mother stated that she was not married (no presumed father) when in fact she was still married (no denial of paternity on file with the Center for Health Statistics). Should I simply do a petition for establishment of paternity and file the paternity affidavit and marriage certificate? Or is there another motion/petition I need to file?

  • Re: Procedure to void paternity affidavit

    Your case is very serious and is not a proper subject of a general question. You certainly should not be doing this case yourself, even if you were to be an attorney. You need to retain an attorney immediately so that you can take the legally appropriate action to preserve your rights.

    Jahnis Abelite
    ABELITE LAW OFFICES
    16710 Smokey Point Blvd., Suite 200
    Arlington, WA 98223-8435

• Affidavit of Death of Joint Tenant

  Standard CA forms for this affidavit include text that addresses the value of all real and personal property owned by decedent. Why? I plan to file an affidavit for a third party. Mr. and Mrs. A owned this land as Joint Tenants WROS when she died in 1992. Mr. A conveyed the land to me in 2003. Turns out he never filed the affidavit. But I can, I've ordered Mrs. A's certified Death Certificate. But I don't know and don't care how much she owned in 1992. Can I leave that section out of my affidavit when I record it?

  • Re: Affidavit of Death of Joint Tenant

    The Affadavit - Death of Joint Tenant is only for terminating the joint tenancy, and nothing more (ie, it is not for an evaluation of the estate at the time of the decedent's death). As such, I'm a little suspicious of the form you mention.

    Sandra Hauch
    Law Offices of Sandra J. Hauch
    450 N. Brand Blvd. Suite 600
    Glendale, CA 91203

  • Re: Affidavit of Death of Joint Tenant

    The affidavits I use (originally provided by a title company) just have reference to the one particular piece of property I'm recording the affidavit for, so I see no problem with what you propose.

    Chris Johnson
    Russakow Ryan Johnson
    225 South Lake Avenue, 10th Floor
    Pasadena, CA 91101