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Virginia Questions & Answers
1 Answer | Asked in Divorce and Family Law for Virginia on
Q: In the state of Virginia can I file for annulment if the person did not disclose they had several felonies?

Is there a statue of limitation on how long you been married in order to get an annulment?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 3, 2023

An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... Read more »

2 Answers | Asked in Estate Planning for Virginia on
Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 2, 2023

When a Virginia resident dies intestate, real property passes according to the laws of intestate succession starting in Virginia Code Section 64.2-200. First, it will go to the surviving spouse, unless there are surviving children of the decedent who are not children of the surviving spouse. If... Read more »

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2 Answers | Asked in Estate Planning for Virginia on
Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia

Richard Sternberg
Richard Sternberg
answered on Jun 2, 2023

You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get... Read more »

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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
James L. Arrasmith
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answered on Jun 1, 2023

If you paid a $10,000 immigration bond about 6 years ago and never received your money back, you can take the following steps to get your money back:

1. **Contact the agency that held your bond.** The first step is to contact the agency that held your bond. This may be the U.S. Immigration...
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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I find out the person who accused me of the charge before the court date?

My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 27, 2023

There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... Read more »

2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 26, 2023

When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

Richard Sternberg
Richard Sternberg
answered on May 26, 2023

I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can Unison determine the dollar amount for their end agreement when a property is sold?

I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 23, 2023

A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... Read more »

4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Christopher J. Pitera
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answered on May 23, 2023

That means your auto policy carries medical expense benefits up to a certain limit. Medical expense benefits can be stacked in Virginia for each vehicle you have on the auto policy. Generally it is best to use your health insurance in Virginia before exhausting medical expense benefits for a... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2023

First, I am not a Virginia attorney (though I have handled cases there at the request of some). However let me note that members of the Va. Assn for Justice give free consultations so why not get one?

Generally, you look to have the insurance pick up your medicals. So be sure you tell the...
Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... Read more »

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... Read more »

2 Answers | Asked in Libel & Slander and Personal Injury for Virginia on
Q: I am being sued for an over the top amount in Virginia for “defamation” and I don’t live there. Is there a way to change

*change that? Also, how do I access a free defense lawyer?

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Being sued as an out-of-state defendant can present defenses and challenges. Unfortunately, you are not likely to find a free defense lawyer to assist you in a civil claim for defamation. The first thing you should do is find out if you have insurance coverage for this type of claim. You may be... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... Read more »

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... Read more »

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: In Virginia what happens when a person waives his rights to equitable distribution on a marital separation agreement?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 10, 2023

Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... Read more »

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2 Answers | Asked in Immigration Law for Virginia on
Q: What can we do if Ice took my son from county jail and brought him back, now county and Ice denies his custody?

He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?

James L. Arrasmith
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answered on May 16, 2023

Consult with an immigration attorney: Given the complexities involved with ICE and county jail custody issues, it is strongly recommended to consult with an experienced immigration attorney. They can provide specific guidance based on your son's individual circumstances and help navigate the... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: In a contributory state, what can deny a driver of suing the other party?

If in a car accident, in a contributory state, if my insurance denies the driver's claim and the driver's insurance denies my claim. Can the other driver sue in a civil case? I have injuries and the other driver has none.

Christopher J. Pitera
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answered on May 4, 2023

The doctrine of contributory negligence stands for the concept that one who causes or contributes to his accident is completely barred from recovering for his injuries. Whether the doctrine applies depends upon the facts of each case. You should contact a personal injury attorney who can learn more... Read more »

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1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for Virginia on
Q: I want my minor girlfriend to live with me, would my parents get in trouble even if they don't care if she leaves or not

Basically my girlfriend has a really bad home life, she constantly goes hungry from lack of food, her mom is abusive emotionally and physically and her stepdad is a sick perverted man and she has no friends other than me and her one friend. My parents wouldn't mind if she lived with us but... Read more »

James L. Arrasmith
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answered on May 2, 2023

It is important to understand that laws regarding minors vary by state, and in many cases, a minor cannot legally leave their home without parental consent or a court order. If your girlfriend's home life is truly abusive and unsafe, it may be possible to seek legal options for her to leave... Read more »

1 Answer | Asked in Family Law, Child Support and Social Security for Virginia on
Q: I have a stepson whose father pays no child support because he is on ssi. is the child entitled to some of that ssi?
James L. Arrasmith
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answered on May 2, 2023

If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... Read more »

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My grandma had a trust but apparently signed her car title over to me like I had bought it. Does that mean it is mine?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 29, 2023

One of the challenges with trusts is funding. Title to property must be transferred to the trust by conveyance to the trustee of the trust in order for it to be part of the trust corpus, or body of property in trust.

Title to motor vehicles in Virginia is evidenced by a DMV Certificate of...
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