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2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If you believe the trustee of your grandma's will is not fulfilling their fiduciary duties, you can petition the court to have them removed. To initiate this process, you'd typically file a petition to remove the trustee in the probate court or... View More

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2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

T. Augustus Claus
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answered on Oct 12, 2023

In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee... View More

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1 Answer | Asked in Business Law and Employment Law for Delaware on
Q: CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k

The CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k. Am I obliged to sell it to the company, or can I sell it to the highest buyer?

T. Augustus Claus
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answered on Oct 9, 2023

In Delaware, whether you can sell your shares to the highest bidder largely depends on the company's bylaws, stockholders' agreement, or any other agreements you may have entered into when you acquired or during the tenure of holding the shares. Some companies have a "right of first... View More

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What can a landlord legally do if I terminate my rental lease agreement early?
T. Augustus Claus
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answered on Oct 6, 2023

In Delaware, if a tenant breaks a rental lease early without valid justification or the landlord's agreement, the landlord may be entitled to retain the security deposit, charge for unpaid rent for the remaining lease duration, and seek reimbursement for costs incurred in re-renting the... View More

2 Answers | Asked in Civil Rights for Delaware on
Q: Is it possible to have a polygamous marriage in the United States under the first amendment?

I googled where I could get a polygamous marriage and it appears to be illegal but I don't see how that is possible due to the first ammendment allowing freedom of religion

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

In Reynolds v. United States, 98 U.S. 145 (1879), the U.S. Supreme Court ruled that religious duty is not a defense to a criminal indictment for polygamy. It determined that while the First Amendment protects an individual's right to believe in polygamy, it does not prohibit Congress or the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: How can I use ip holding company for copyright? I am an author and I hold the copyright? How can i draft an agreement?

How can I draft agreement between author and ip company without losing copyright time?

How can I draft agreement between ip company and publisher?

James L. Arrasmith
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answered on Sep 11, 2023

When drafting an agreement between the author and the IP holding company, it is crucial to clearly specify that the transfer of rights to the IP holding company is for management and licensing purposes and not a full transfer of the copyright ownership, thereby not resetting the copyright term... View More

1 Answer | Asked in Tax Law for Delaware on
Q: I have a LLC in Delaware. I have used a foreign address for my llc. Should I pay Income Tax?

I have a LLC in Delaware. I have used a foreign address ( Sri Lankan Address) for my llc. I am living in Sri Lanka ( Foreign Country ). If My LLC earning money in usa, should i pay tax individually to the usa and should pay tax by my llc?

Blake Goodman
Blake Goodman
answered on Jul 26, 2023

Your LLC is a flow thru entity in the US. It doesn't pay tax, even though it may have to file a return (partnership or your individual Sch. C return). You have to pay taxes though individually for LLC income, regardless of you not living in US. US citizens pay worldwide income. You can get a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Q: My case is in federal court. A wrongful termination due to disability an discrimination. Do I have to file a motion?

Or file anything. The Lawer is requesting all my medical records from Jan 16 to current along with all my drs treatment medications phone records. Isn’t this excessive?

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

It depends on how voluminous less than seven months of your medical records are. For most people, this would not be particularly voluminous and with online patient portals now the norm in healthcare records, should be relatively simple and straightforward to download and produce.

Now, if...
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1 Answer | Asked in Criminal Law for Delaware on
Q: If there is no fence around a business property,can you still be charged with criminal Trespassing in the third degree.
T. Augustus Claus
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answered on Jun 23, 2023

Trespassing laws often take into account factors such as intent, notice, and permission to be on the property.

Even without a fence, entering or remaining on someone else's property without permission or after being explicitly told to leave could potentially lead to criminal trespassing charges.

1 Answer | Asked in Business Law for Delaware on
Q: majority shareholder Dir dissolves the company and transfers the sole valueable ip to themself wo consideration

What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?

Cesar Mejia Duenas
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answered on Jun 1, 2023

You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: what are my lifetime rights worth?

DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?

Anthony M. Avery
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answered on Mar 8, 2023

There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a... View More

1 Answer | Asked in Federal Crimes and International Law for Delaware on
Q: What would US diplomats in the UK do a British woman gives birth to a child

What would US diplomats in the UK do a British woman gives birth to a child and she makes clear that she does not want her child to be a US citizen because of the IRS taxes and does not want her child taken out the UK and Ireland and does not want her child to visit the USA before age 18 for child... View More

James L. Arrasmith
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answered on Mar 4, 2023

If a British woman gives birth to a child in the UK and does not want the child to be a US citizen, US diplomats in the UK would not have any involvement in this matter. It is the choice of the parents whether to apply for US citizenship for their child or not. If the child is not a US citizen,... View More

1 Answer | Asked in Insurance Bad Faith for Delaware on
Q: I have an insurance that is refusing to pay for a benefit I was assured they would pay for before getting it.

I have screenshots and emails saying they will but still deny benefit.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

A Delaware attorney could advise best, but your question remains open for a week. If they issued you a denial form or a denial letter, it's possible those could outline your recourses, in terms of litigation, arbitration, etc. There aren't many details here, but one of your options is... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: How do I move back into my house after legally being removed from it. I own the home.

Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More

Anthony M. Avery
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answered on Dec 19, 2022

Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: If I am inventor on a patent owned by the corporation I work for and the patent gets licensed, am I entitled to paymnt?

I live in the state of Delaware and am an inventor on a patent owned by my company (they are a non-profit and they applied for the patent; I did the work during my employment with them). The patent is going to be licensed by a company. I want to know whether I have legal grounds for compensation... View More

Cameron Tousi
Cameron Tousi
answered on Oct 21, 2022

You've asked an important question, that comes up often with employees, and the answer is somewhat complicated.

In their employment agreements, many employers these days require new employees to assign any and all rights to their new inventions to the company. They also typically...
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1 Answer | Asked in Car Accidents for Delaware on
Q: Can I be held liable For an accident My brother had if used my credit card?

Can I be held liable for an accident my brother had if he used my credit card and had no insurance?

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2024

A Delaware attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to the operation of insurance law in Delaware, in most places, that should not create liability for the credit card holder. It's usually the vehicle... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: hi my mother needs a copy of her dad's will and a copy of the deed of his house how can we recieve one.

he died in new york but he has land and a house in puerto rico

Anthony M. Avery
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answered on Nov 3, 2023

Call the Probate Court where the Will was filed for a copy. If not probated it had no effect. Hire a PR attorney to get a copy of a PR Deed.

1 Answer | Asked in Probate for Delaware on
Q: My mother passed in February 2023, I inherited her house, and I am executor of the estate. The estate is in probate

the homeowner's insurance comes out of the mortgage. I had a flood and filed a claim. They won't pay me directly, they want me to hire contractors and they will pay them.

T. Augustus Claus
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answered on Sep 28, 2023

In Delaware, if you are the executor and the estate is in probate, insurance payouts are generally directed toward the estate or directly to contractors for repairs.

1 Answer | Asked in Personal Injury for Delaware on
Q: I got my head on and injured my self it left a scar I didn't go to the hospital immediately but should I still

Hit my head...

Should I still go to the hospital and get checked out to help my case.. and it hasn't healed.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2023

A Delaware attorney could advise best, but your question remains open for a week. Attorneys can't offer medical guidance, but as a practical matter, it would be advisable to be seen by a doctor if you have concerns about the injury you experienced. If doctors suspect injury that warrants... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

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