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District of Columbia Questions & Answers
1 Answer | Asked in Estate Planning for District of Columbia on
Q: If I went and filled a will with the courts and was appointed executor would any new wills have to be contested

I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More

Mark Oakley
Mark Oakley
answered on Apr 19, 2024

The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Is their anyway supreme court justices could be held by stricter standards without them (supreme court) deciding it?

Is their a way the supreme court could be held too stricter standards without them getting involved in the process?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are a few ways that stricter standards could potentially be applied to Supreme Court justices without direct involvement from the Supreme Court itself:

1. Constitutional amendment: The Constitution could theoretically be amended to impose term limits, ethics rules, or other...
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Q: When Justice Alito stated “ roe was egregious from the start” in his opinion in Hobbs can that be seen as premeditated?

Can him writing that infer a premeditated opinion that calls for ethical questions of why he didn’t recuse himself from the case. Making it clear you never agreed with Roe v Wade and call it “egregious”. Also he voted to hear the 3rd case with new justices despite the stare decises and no new... View More

James L. Arrasmith
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answered on Apr 16, 2024

You raise an interesting question about whether Justice Alito's statement in the Dobbs opinion could be seen as evidence of a premeditated intention to overturn Roe v. Wade. A few key points to consider:

From a legal ethics perspective, prior disagreement with a precedent is not in...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Election Law for District of Columbia on
Q: Why does Georgia not allow people to give water who are waiting in line voting? What is their reasoning?

In my opinion I think its an excuse to make voters feel uncomfortable and not vote. But what do they think the reasoning is? And whatever the reasoning is can it really be valid? I understand states have a right to set election laws but anyone can see through this as a way to punish people for... View More

James L. Arrasmith
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answered on Apr 13, 2024

In 2021, Georgia passed a controversial election law known as SB 202 which, among other provisions, made it a misdemeanor to give food or water to voters waiting in line. The stated reasoning by supporters of the law was to prevent electioneering or attempts to influence voters in line.... View More

Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

1 Answer | Asked in Immigration Law, Divorce and Family Law for District of Columbia on
Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More

James L. Arrasmith
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answered on Mar 28, 2024

When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More

0 Answers | Asked in Business Law and Civil Litigation for District of Columbia on
Q: I have a ruling against me that I was unaware of in a different state for a small business. What can I do?

My roommate at the time wanted to start a business, and I said I would help, but we never signed any paperwork or legal documents. Am I liable?

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Hi, can one ask for extension to respond beyond the 21 days from the court for a divorce case? Case is based out of DC.

-3 month marriage

- no joint assets, properties, no children

- both spouses have attorneys

- wife simply just doesn’t want to get divorced.

Laurence L. Socci
Laurence L. Socci
answered on Mar 23, 2024

If both parties have attorneys, you contact the other attorney and ask if they will agree to an extension. Then you file a motion with the court asking for an extension stating that both parties agree (called a consent motion) or they do not.

0 Answers | Asked in Public Benefits for District of Columbia on
Q: In the District of Columbia HousingAuthority program can a disabled adult who served as a live-in-aide inherit a voucher

The original voucher holder is now deceased and disabled son who served as live in aide wants to inherit voucher. Is this possible?

Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Can the District of Columbia be a state? Is it constitutional? Or are their to many ambiguities to determine?
James L. Arrasmith
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answered on Mar 17, 2024

The question of whether the District of Columbia can become a state involves complex considerations under the U.S. Constitution. The Constitution grants Congress exclusive jurisdiction over the district in a manner not applicable to states. For D.C. to achieve statehood, this would require changes... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: In TX for 3yrs. Filed N-400 in TX 09/15/23 Moved to DC 10/08/23. Denied N-400 on 03/06/24. Filing N-336 - Do you agree?

Naturalization application (N-400) filed in Austin, TX on 09/15/23. Was living in Austin at time and had lived there for 3 yrs all of which on my N-400 application.

Received denial letter after interview on grounds that I didn’t meet section 316(a)(1) - suggested I didn’t live in the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, I believe you have grounds to appeal the denial of your N-400 application by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

The key points supporting your appeal are:

1. You met the continuous residence...
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1 Answer | Asked in International Law for District of Columbia on
Q: Freeing elderly Gaza parents

My parents have been missing in Gaza and we found strong evidence in our family home that they were taken by the IDF. They do not have legal status in the U.S., but I am a U.S. citizen. I am contacting my state senator/representative and the U.S. embassy, but the prospect seems difficult for them... View More

James L. Arrasmith
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answered on Mar 8, 2024

In your efforts to seek assistance for your parents, reaching out to your state senator, representative, and the U.S. embassy are indeed appropriate first steps. These officials can sometimes facilitate communication or intervene in cases involving U.S. citizens' immediate family members,... View More

1 Answer | Asked in Trademark and Intellectual Property for District of Columbia on
Q: I would like to use the Spy vs. Spy characters - who and how can I contact for permission?

I am the SVP of Cyber Intelligence at the Institute of World Politics. We are a non-profit, accredited, graduate school offering 5 masters and a doctoral program. Our students are diplomats, soldiers, and spies.

James L. Arrasmith
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answered on Mar 4, 2024

To use the Spy vs. Spy characters, you would need to obtain permission from the rights holder. These characters originated in MAD Magazine, which is owned by DC Entertainment, a subsidiary of Warner Bros. Therefore, Warner Bros. or its specific division that manages MAD Magazine's intellectual... View More

1 Answer | Asked in Trademark and Intellectual Property for District of Columbia on
Q: Can I use the title Shark Tank as a business session name for a small conference without Trademark infringement?

We are a non profit in Washington DC. We are having a Technology conference and have a session where vendors will pitch their Road Safety Product or solution to the audience (the sharks) and the audience will vote for the most innovative. We would like to name the session Shark Tank but want to be... View More

James L. Arrasmith
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answered on Mar 1, 2024

Using the title "Shark Tank" for a session in your technology conference could potentially raise trademark infringement concerns, even with the best of intentions. The title "Shark Tank" is a well-known trademark associated with the popular television show where entrepreneurs... View More

1 Answer | Asked in Civil Rights for District of Columbia on
Q: Do I have rights to my mom’s personal belongings

Me and my boyfriend lived with my mom and so called boyfriend for 3 years my mother passed away February 12 and on the 13 her so called boyfriend kicked me and my boyfriend out of the apartment and changed the locks on the apartment told us my mom was dead that’s his house now and we couldn’t... View More

James L. Arrasmith
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answered on Feb 25, 2024

As the blood daughter of your mother, you have rights to her personal belongings after her passing, especially if she did not leave a will specifying otherwise. The belongings of your mother are legally considered part of her estate, and as a direct next of kin, you typically have a claim to this... View More

1 Answer | Asked in Business Law, International Law, Internet Law and Immigration Law for District of Columbia on
Q: What legal pathways or considerations should I be aware of to still work for my online business from the Bahamas after t

Hello,

I am currently on an OPT visa in the United States, running my online business which is incorporated in the U.S. As my visa is about to expire, I would like to explore options for continuing to operate my online business from the Bahamas, where I am a citizen. What legal pathways or... View More

James L. Arrasmith
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answered on Feb 24, 2024

As you prepare to transition from the U.S. on an OPT visa to working from the Bahamas for your online business, it's crucial to address both immigration and business operation considerations. Firstly, ensure your business complies with U.S. laws regarding foreign operation. This includes... View More

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