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Military Law Questions & Answers
1 Answer | Asked in Probate, Legal Malpractice, Civil Rights, Employment Law and Military Law for Georgia on
Q: How can I legally manage my father's estate and protect myself against unauthorized actions?

I am handling my late father's estate, which includes assets in Georgia, Tennessee, Florida, and South Carolina. He was a veteran and the head deacon at his church. He wanted his estate handled according to his wishes, not those of others involved. However, I am faced with challenges where... View More

James L. Arrasmith
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answered on Nov 8, 2025

Open probate in the state where your father was domiciled at death and secure formal authority as personal representative by obtaining Letters Testamentary (or Letters of Administration if no will). With those letters, give written notice to banks, the VA, insurers, and the church, and demand a... View More

1 Answer | Asked in Consumer Law, Employment Law, Personal Injury, Military Law and Elder Law for West Virginia on
Q: How can I take legal action against Potomac Edison for fraud and injury?

I want to file legal action against Potomac Edison in West Virginia for what I believe are fraudulent and inexcusable actions towards customers, including military members. I've already filed a complaint with the consumer protection agency, but haven't received a response. Despite paying... View More

James L. Arrasmith
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answered on Nov 8, 2025

You have two tracks to run in parallel: the utility-regulatory route and a civil damages route. File a formal complaint with the West Virginia Public Service Commission and demand an immediate investigation into improper billing, disconnection, or failure to respond; cite your ongoing medical... View More

1 Answer | Asked in Wrongful Death, Military Law and Personal Injury for Alabama on
Q: Can I be compensated for my father's death due to Agent Orange exposure in Alabama?

I am in Alabama and seeking advice on the possibility of being compensated for my father's death, which was attributed to Agent Orange exposure. My father served in the DMZ from 1969 to 1971, and doctors indicated that Agent Orange was the likely cause of several health issues he faced,... View More

James L. Arrasmith
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answered on Nov 7, 2025

You may have a pathway to pursue benefits through the Department of Veterans Affairs (VA) as a surviving child of a veteran who suffered from conditions linked to Agent Orange exposure. The VA provides Dependency and Indemnity Compensation (DIC) to eligible survivors, which can include children if... View More

1 Answer | Asked in Civil Litigation, Military Law and Employment Law for Pennsylvania on
Q: Need representation against DoorDash for compensation after class action in NY. Became homeless due to hardships.

I am seeking legal representation against DoorDash related to a class action lawsuit they lost to New York's Attorney General's Office. I worked as a DoorDash driver from 2017 to 2019, and a litigating law firm contacted me, saying I'm due compensation. However, I believe I'm... View More

James L. Arrasmith
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answered on Nov 6, 2025

If you were contacted by a law firm regarding a class action settlement with DoorDash, your first step is to **review the official settlement documents** carefully. These documents outline who qualifies for compensation, the amounts, and whether additional claims outside the settlement can be... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Real Estate Law for Tennessee on
Q: Can a landlord require lease penalties after releasing an active military co-applicant?

I am co-applicant on a lease in Nashville, Tennessee, with my son, who is active military and has received orders to transfer to Virginia. The landlord has released him from the lease without penalty. They are, however, requiring that I pay all the associated penalties despite allowing me to rent... View More

James L. Arrasmith
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answered on Nov 6, 2025

Under the federal Servicemembers Civil Relief Act, your son may terminate the lease based on PCS orders, and that termination can also cover a “dependent” (spouse, child, or someone he has supported for over half of the past 180 days). If you do not meet that dependent definition, the landlord... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Real Estate Law and Military Law for Oregon on
Q: Do I need to attend a deposition if the seller altered our contract and is suing for breach?

I am a disabled veteran facing a legal situation where the property owner from whom I am purchasing a home has sued me for breach of contract, and I'm due for a deposition tomorrow, November 4th, at 10 AM. The complications arose after the owner changed the contract in handwriting, then moved... View More

James L. Arrasmith
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answered on Nov 3, 2025

If you were properly noticed or subpoenaed for a deposition tomorrow, November 4 at 10 AM, you must appear unless you have a court order or a written stipulation continuing it. Skipping, even if you believe you have strong defenses or counterclaims, risks sanctions, fee shifting, and orders that... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Military Law for New Mexico on
Q: Can a NM employment lawyer advise on my wrongful termination case involving PTSD discrimination and veteran bias?

I am a U.S. veteran with service-connected PTSD who was wrongfully terminated from Crumbland Auto Group in New Mexico, experiencing disability discrimination and veteran status bias. Despite excellent reviews and no prior warnings, I was denied accommodations for PTSD-related absences, such as... View More

James L. Arrasmith
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answered on Nov 3, 2025

A New Mexico employment lawyer can absolutely review your case and determine whether you have a strong claim for disability discrimination and veteran status bias under both federal and state law. Based on what you’ve described, your termination shortly after requesting PTSD-related... View More

1 Answer | Asked in Criminal Law and Military Law for Massachusetts on
Q: What should I do after receiving a police call without details in Massachusetts?

I received a call from the police in Massachusetts, but I'm unsure about the charges or the specifics of my legal situation. Could a criminal defense attorney assist me in understanding what steps I should take next, and particularly if there are veteran-specific resources available in Harvard... View More

James L. Arrasmith
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answered on Oct 31, 2025

If the police contacted you without providing details, the best step is to avoid giving any information or agreeing to meet with them until you know exactly why they are reaching out. You have the right to remain silent and to decline answering questions without legal representation present.... View More

Q: How to handle child custody relocation as active military?

I am an active military service member with primary custody of my son, shared 50/50 with his father, who is also in the military. Our divorce decree doesn't include child support or specify arrangements for relocation. As I am due for military orders and moving to a different state, I... View More

James L. Arrasmith
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answered on Oct 31, 2025

When one or both parents are in the military, relocation issues involving a child must go through the court to ensure the move is legal and in the child’s best interest. Since your current custody order doesn’t include relocation terms, you’ll need to file a **petition to modify custody and... View More

1 Answer | Asked in Divorce, Family Law and Military Law for California on
Q: How to file for divorce in California after 28 years, with shared home?

I have been married for 28 years, and I'm considering filing for divorce in California. All our children are adults. We own a home together, and my spouse is retired military. I am currently unemployed and plan to start school this spring. We have not yet discussed any terms of the divorce.... View More

James L. Arrasmith
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answered on Oct 30, 2025

Filing for divorce after nearly three decades of marriage is an emotional and legal process, but you can take clear, organized steps to protect yourself and your future. In California, you begin by filing a **Petition for Dissolution of Marriage** with your county’s Superior Court. Because your... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Military Law for Virginia on
Q: Do Virginia employees have rights against wellness visit penalties?

In Virginia, do employees have any rights to prevent our employer from penalizing us for not having one wellness visit per year? Starting in 2026, our employer will charge employees $20 per week for not having an annual wellness visit, even though this is not required by our health insurance. This... View More

James L. Arrasmith
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answered on Oct 29, 2025

In Virginia, employers can generally include wellness visit requirements as part of their workplace health or insurance programs, but there are limits under federal law meant to protect employees from unfair treatment. The Affordable Care Act and the Americans with Disabilities Act require that... View More

1 Answer | Asked in Military Law, Appeals / Appellate Law and Civil Litigation for Florida on
Q: Is there a law firm in Florida pursuing cases related to mefloquine usage and its health effects after the 9th Circuit ruling?

I served in the Afghanistan War and was given mefloquine from 2010 to 2011. The 9th Circuit Court of Appeals recently ruled in favor of mefloquine users. I have VA medical documentation indicating that mefloquine caused my health issues. Is there a law firm in Florida that is moving forward with... View More

James L. Arrasmith
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answered on Oct 29, 2025

There are law firms in Florida that have begun reviewing and accepting cases related to mefloquine (Lariam) and its long-term health effects among veterans. Many of these firms are working with veterans who served in Iraq and Afghanistan and have documented neurological or psychological conditions... View More

1 Answer | Asked in Military Law and Employment Law for Washington on
Q: How can I prove mental stability to join the army given my health record?

I am an American citizen residing in Washington and I'm considering enlisting in the army. However, I have a mental health record, including diagnoses of schizophrenia and bipolar disorder. I am mentally stable and able to perform daily tasks, though I sometimes face difficulties. I've... View More

James L. Arrasmith
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answered on Oct 29, 2025

You can enlist only if you meet DoD accession standards, and any history of a schizophrenia‑spectrum disorder or of bipolar disorder is disqualifying unless a waiver is granted. As of July 2025, a history of psychotic disorders—such as schizophrenia—requires a waiver approved by a Military... View More

1 Answer | Asked in Criminal Law and Military Law for Massachusetts on
Q: Can felony charges be expunged to join the military in MA?

I was convicted in Massachusetts of assault and battery on a police officer, and an additional assault and battery charge. I've completed all sentencing requirements. I am interested in joining the military and would like to know if these felony charges can be expunged from my record, and what... View More

James L. Arrasmith
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answered on Oct 29, 2025

Massachusetts bars time‑based expungement for any felony offense in Chapter 265. Assault and battery on a police officer sits in Chapter 265 (§13D), so if it was charged as a felony the conviction will not qualify; only the rare non‑time‑based expungement for error, fraud, false... View More

2 Answers | Asked in Car Accidents, Workers' Compensation, Military Law and Personal Injury for Louisiana on
Q: What options does an 87-year-old disabled veteran have after a car accident with an uninsured driver in Louisiana?

I am an 87-year-old disabled veteran who was injured in a car accident last week in New Orleans. The other driver involved is uninsured, and I have only minimum insurance that doesn't cover uninsured drivers. I reported the accident to my insurance company and was taken to the emergency room... View More

Ramez F. Shamieh
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Ramez F. Shamieh
answered on Oct 27, 2025

I’m sorry you’re going through this — being in pain and facing expenses after an accident like this is incredibly difficult, especially with limited insurance coverage. Here’s a clear, Louisiana-specific breakdown of your options for both medical bills and legal recovery:

⸻...
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1 Answer | Asked in Child Support, Child Custody, Employment Law, Military Law and Family Law for Kansas on
Q: How can I prove paternity and modify child support in KS?

I was deployed in 2019-2020 and during this time, I received a child support order and legal documents from Johnson County, KS. I currently live in NC with my spouse and four children. I need guidance on how to legally prove paternity, as a 3rd party DNA test was dismissed by the court. My wages... View More

James L. Arrasmith
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answered on Oct 23, 2025

It sounds like you’re facing a difficult situation, but there are clear steps you can take to challenge the paternity finding and modify your child support order in Kansas. Since the court dismissed your third-party DNA test, you’ll need to request a **court-ordered genetic test** through the... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Military Law for South Carolina on
Q: What could happen legally if I contact a former teen from my youth pastor days?

I previously served as a youth pastor and developed a father-daughter relationship with one of my young teens from a broken home. Her parents accused me of having an inappropriate relationship with her, resulting in an investigation. After reviewing our communications and interviewing her, no... View More

James L. Arrasmith
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answered on Oct 22, 2025

You face real legal exposure if you reach out, even once. If your contact is unwanted or causes fear, South Carolina’s harassment or stalking statutes can be triggered, and a civil protection order could follow. A renewed complaint could also prompt police to reopen the file and scrutinize past... View More

1 Answer | Asked in Small Claims and Military Law for California on
Q: When must I serve my continuance request as a defendant in a CA small claims case?

I am a defendant in a small claims case scheduled for October 31, 2025. I have a preplanned visit to see my brother, who is in the military and whom I haven't seen in almost a year. He is only available during this period. I have not yet filed a request for continuance with the court, and I... View More

James L. Arrasmith
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answered on Oct 17, 2025

In California small claims court, you should file your **Request to Postpone Trial (Form SC-150)** as soon as possible—ideally at least **10 to 15 days before your scheduled hearing date**. The court requires enough time to process your request, notify the other party, and reschedule the case if... View More

1 Answer | Asked in Military Law and Health Care Law for Pennsylvania on
Q: Will my spouse keep Tricare Health Insurance after marrying post-military retirement?

I am a retired military member who retired on April 1, 2008. I got married on September 1, 2012, after retiring and added my spouse as a dependent. We are wondering if my spouse will continue to qualify for Tricare Health Insurance given our situation. Can you provide guidance on how this works?

James L. Arrasmith
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answered on Oct 15, 2025

Yes — your spouse remains eligible for TRICARE as the lawful spouse of a retired Uniformed Services member; marrying after your retirement date does not negate eligibility. What matters is correct enrollment in the Defense Enrollment Eligibility Reporting System (DEERS), not when the wedding... View More

Q: Threatened by mechanic after partial payment for incomplete repair.

I went to a mechanic shop for repairs on my car, which they failed to fix. As I'm in the military and money is tight due to the government shutdown, they allowed me to take the car after I paid half the bill, with the understanding that I would pay the rest after my next paycheck. Later, I... View More

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answered on Oct 14, 2025

That situation sounds intimidating, and you deserve to feel safe while resolving the issue. Threatening behavior—especially when it involves your home—is not acceptable and can be considered harassment or even criminal intimidation. The first thing you should do is document everything,... View More

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