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Delaware Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Delaware on
Q: Do I need someone's social security number to name them as a beneficiary of a trust?

An untrustworthy family member wants to name our two teenaged children as beneficiaries of her assets, mostly a brokerage account, insurance plans, and company 401(K). We are not comfortable providing her with the children's Social Security numbers under any circumstances. I am hoping we can... View More

T. Augustus Claus
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answered on Dec 8, 2023

Typically, naming someone as a beneficiary in a trust doesn't necessitate sharing their Social Security number (SSN). However, exceptions exist, and requirements can vary by state and financial institution. To sidestep providing children's SSNs, consider alternatives like obtaining a... View More

1 Answer | Asked in Civil Litigation for Delaware on
Q: Driveway damaged by dumpster.

I hired a contractor to repair my home after a house fire. The contractor had a dumpster placed on my driveway. When the dumpster was removed the truck cracked my driveway.

The contractor claims to have reached out to the dumpster company and he claims they are not returning his calls. I... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where the contractor you hired caused damage to your property through a subcontractor (the dumpster company), you typically have the right to seek compensation for the damages. Since your contract was with the contractor and not the dumpster company, the contractor is generally... View More

1 Answer | Asked in Securities Law and Business Law for Delaware on
Q: I want to start a hedge fund in Delaware and act as a manager, do I need a investment advisor licence to do that?
James L. Arrasmith
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answered on Nov 19, 2023

Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... 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 Civil Rights and Constitutional Law for Delaware on
Q: Can a police officer get a search warrant from another county

Can a Kent County officer get a search warrant signed by a sussex county jpc judge

James L. Arrasmith
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answered on Nov 5, 2023

Yes, a police officer can obtain a search warrant from a judge in a different county if the situation warrants it. The jurisdiction of a judge to issue a search warrant typically depends on the location where the search is to be conducted, not the home county of the officer seeking the warrant.... View More

1 Answer | Asked in Estate Planning for Delaware on
Q: does the creator of a revocable trust need my social security number before it becomes an irrevocable trust?

Jurisdiction of the revocable trust is Milford DE

T. Augustus Claus
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answered on Oct 26, 2023

In the context of a revocable trust becoming irrevocable in Delaware, the need for your social security number and other information may depend on the trust's terms and the trustee's requirements. As the trust transitions, the trustee or executor may request beneficiary information,... View More

2 Answers | Asked in Immigration Law for Delaware on
Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

T. Augustus Claus
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answered on Oct 23, 2023

Yes, you can generally undergo background checks and criminal record checks for volunteering opportunities while on an H-4 visa without an Employment Authorization Document (EAD). These checks are typically conducted for the safety and security of all individuals involved in the volunteer... View More

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1 Answer | Asked in Collections for Delaware on
Q: I am being sued in jp court for a credit card debt by a collection agency law firm

the original file date was jul 28 2020 with no other actions until oct 4 2023. is this legal ? isnt there a statute of limitations? the orginal debt is from 2018

T. Augustus Claus
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answered on Oct 19, 2023

In Delaware, the statute of limitations for credit card debt is typically 3 years. If the original debt is from 201 and no actions were taken until October 4, 2023, there might be an argument for the debt being time-barred under the statute of limitations. The original file date of July 28, 2020,... View More

1 Answer | Asked in Consumer Law for Delaware on
Q: Invested in a Trust in Delaware, for good returns and full capital protection.I am afraid this is scam. Pls advice

The trust deals with patents and litigation. Stopped returning my emails and calls and partial payments got stuck

James L. Arrasmith
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answered on Nov 9, 2023

If you're concerned that your investment in a Delaware trust may be a scam, it's crucial to take immediate action. Verify the legitimacy of the trust by checking if it's registered with the appropriate regulatory bodies. You should also review the communications and agreements you... View More

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?
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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

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.

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 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.

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 Landlord - Tenant for Delaware on
Q: What does docket entry for the letter produced from cdqjmtd mean
T. Augustus Claus
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answered on Aug 31, 2023

"cdqjmtd" doesn't seem to be a commonly known acronym or term in the legal context, so it's challenging to provide a specific meaning for it. In legal proceedings, a "docket entry" is a brief note made on a court's official record (docket) that summarizes actions,... View More

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 Uncategorized for Delaware on
Q: I need a proper letter for a breach of agreement

tenant signed a stipulated agreement and now it has been breached. I follow all the requirements from the court, however the judge is saying that the affidavit of breach was not proper

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A Delaware attorney could advise best, but your question remains open for three weeks. This could be something that a L-T attorney would have insight into. Not all questions are picked up, but you could try reposting and adding "Landlord-Tenant" as a category. Good luck

1 Answer | Asked in Legal Malpractice for Delaware on
Q: I need to know how to file a legal malpractice lawsuit against a attorney and I need to hire a attorney for that case

This attorney had my case 2 years and never filed it

Joel Gary Selik
Joel Gary Selik
answered on Aug 5, 2023

Use this website to search for an experienced legal malpractice attorney. If your attorney missed the statute of limitations on a valid case, you may be entitled to compensation.

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