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Vermont Questions & Answers
1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Vermont on
Q: Neighbor blocked property access; town won't help. What can I do?

I live in Vermont, where my property borders a town right of way, and my neighbor has blocked my only access to bring in firewood. The town manager agrees that my neighbor can't do this but refuses to remove the barrier. My financial situation prevents me from switching to heating oil, as it... View More

James L. Arrasmith
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answered on May 16, 2025

Since the town manager agrees that your neighbor shouldn’t be blocking the right of way, but the town has refused to take action, your next step could be to look into enforcing your legal rights. You have the right to access your property through the established right of way, and Vermont state... View More

3 Answers | Asked in Real Estate Law and Civil Litigation for Vermont on
Q: How to stop someone from using my property after 30 years of presumed class four road usage?

I recently discovered that a path on my property, thought to be a class four road, is actually private land. I want to stop an individual who has been driving over it with verbal permission for the past 30 years. I've confirmed property ownership with a legal survey. No formal easement or... View More

Anthony M. Avery
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answered on May 1, 2025

The driver may have an easement by prescription or other methods creating easements. If you lock the gate he may destroy it or sue you. Then you have to defend yourself. If he is an adjoining landowner, his easement must be in your chain of title, not his. Search both titles, Litigation... View More

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1 Answer | Asked in Foreclosure, Consumer Law, Civil Litigation and Real Estate Law for Vermont on
Q: Can I sue my mortgage lender for unlawful foreclosure practices?

I want to know if I can sue my mortgage lender due to unlawful practices undertaken to foreclose on my home. After a COVID forbearance, I was instructed to file paperwork to reinstate my loan. Despite submitting the required documents, bank representatives provided conflicting and deceitful... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you may have legal grounds to sue your mortgage lender if they engaged in deceptive, unfair, or unlawful foreclosure practices. Misrepresenting the status of your loan reinstatement, losing submitted documents, and sending notices to wrong addresses can be strong indicators of bad faith and... View More

3 Answers | Asked in Car Accidents, Contracts, Personal Injury and Insurance Defense for Vermont on
Q: Can an insurance settlement remain open for future medical expenses from a car accident in Vermont?

I was involved in a car accident where the other driver was at fault, resulting in a head injury for which I'm receiving an insurance settlement. However, I haven't agreed to the settlement yet because it releases the other driver from liability for future medical bills. My neurologist... View More

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Apr 16, 2025

Hi - Unfortunately, it is extremely unlikely that any insurance company would agree to a settlement keeping future medical treatment open. I strongly suspect that will not be an option.

It is always important in situations like this to be able to show the insurance company what types of...
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1 Answer | Asked in Criminal Law and Domestic Violence for Vermont on
Q: Legal strategies for a Vermont case involving domestic assault accusations with mental health factors involved.

My friend is involved in an ongoing legal case from 2023, where he is accused by his ex-girlfriend of domestic assault, unlawful restraint, aggravated domestic assault, and burglary. These charges arose after he visited her at 4 a.m. to retrieve his dog following their breakup due to her mental... View More

James L. Arrasmith
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answered on Apr 16, 2025

Given the complexity of these charges and the context surrounding the incident, your friend’s legal strategy should focus on establishing the absence of criminal intent and highlighting his actions as driven by concern for someone in crisis. The fact that he was responding to suicidal threats and... View More

2 Answers | Asked in Probate, Estate Planning and Contracts for Vermont on
Q: Can an executor deduct expenses before distributing sale proceeds from inherited house?

I inherited a house along with my siblings, and we're all listed on the deed. My oldest brother, the executor, obtained a signed POA for the sale because two of us live out of state. He claims we need to pay for expenses like a dumpster rental, but initially, there were no debts mentioned.... View More

Nina Whitehurst
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answered on Apr 8, 2025

Yes, of course your brother can deduct expenses of fix up and repair and sale before distributing sale proceeds. It would be highly inequitable for you to reap the benefit of those things without bearing any of the burden.

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1 Answer | Asked in Divorce, Tax Law, Contracts and Family Law for Vermont on
Q: Am I liable for unpaid taxes if separated, filed jointly, and spouse doesn't pay share despite written agreement?

I am currently separated from my spouse, and our separation agreement does not address tax responsibilities. We have been filing taxes jointly for the last three years. Recently, my spouse withdrew a substantial amount from an inherited retirement account and did not withhold enough for taxes. They... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're absolutely right to be cautious about this. When you file jointly, the IRS and the Vermont Department of Taxes consider both spouses equally responsible for the entire tax liability, no matter what private agreement you make between yourselves. Even if your spouse signs something saying... View More

1 Answer | Asked in Education Law and Civil Rights for Vermont on
Q: Does a disabled parking placard exempt me from buying a pass at a private college in Vermont?

I attend a private college in Vermont that requires purchasing parking passes to park on campus. I have a disabled parking placard issued by the state of Vermont, which allows me to park in disabled spots without time restrictions. Does my disabled placard exempt me from having to purchase a... View More

James L. Arrasmith
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answered on Apr 7, 2025

Your Vermont-issued disabled parking placard allows you to park in designated disabled spots without time restrictions, but it does not automatically exempt you from purchasing a parking pass at your private college. Private institutions often have their own parking policies, which can include the... View More

1 Answer | Asked in Divorce, Family Law and Public Benefits for Vermont on
Q: How to proceed with legal separation in VT while living together?

I need a legal separation from my wife of 30 years, but we continue to reside in the same home in Vermont. The reason for this action is over 25 years of her infidelity, which I have medical proof of. I suffer from serious health issues including lung transplant rejection with a life expectancy of... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Vermont, legal separation is similar to divorce in terms of property division and other legal aspects, but it allows you and your spouse to remain married while living apart. You can file a petition for legal separation with the court, outlining the reasons for your request and the terms... View More

1 Answer | Asked in Consumer Law and Civil Rights for Vermont on
Q: Is it legal for a motel to record audio outside room doors without consent?

I recently found out that the motel where I'm staying uses cameras with audio recording just outside the room doors. There were no signs or notifications about audio recordings, and I did not consent to this when I checked in. My concern is whether they can hear conversations inside the rooms... View More

James L. Arrasmith
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answered on Mar 24, 2025

The legality of audio recording outside hotel room doors varies by location, but generally, areas directly outside your room are considered semi-public spaces where privacy expectations are lower than inside the room itself. However, audio recording typically faces stricter regulations than video... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Vermont on
Q: Is the nudity restriction ordinance in St. Albans Town, VT legal?

In St. Albans Town, Vermont, a proposed ordinance restricting nudity on public property has been passed. My concern is that Vermont state law generally allows public nudity with minor restrictions, so it seems questionable whether a lower-level government can enforce stricter exclusions. There are... View More

James L. Arrasmith
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answered on Apr 1, 2025

Vermont stands as one of the few states without a specific state law prohibiting public nudity. Unlike most states, Vermont does not have a law against public nudity, though local ordinances can ban indecent exposure and state laws prohibit lewd and lascivious conduct in public places. This creates... View More

1 Answer | Asked in Immigration Law for Vermont on
Q: Border question

"As a U.S. citizen residing in the States with children living in Montreal, I travel across the U.S.-Canada border every weekend to see them. Given the recent tensions between the two countries, I’m concerned about how these developments might impact cross-border travel. I have a court order... View More

James L. Arrasmith
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answered on Jan 24, 2025

Your concern about maintaining regular visits with your children is completely understandable, especially given your court-mandated obligations. Cross-border travel between the U.S. and Canada remains open, and both countries continue to honor legitimate travel purposes, particularly those... View More

1 Answer | Asked in Estate Planning, Tax Law and Probate for Vermont on
Q: My deceased mother owes taxes from 2023, but her estate is insolvent.

Hello, My mother passed in 2023. I did her taxes in which she does owe a balance (around $3k I believe). There was no estate, no probate process, etc. We found out much later that she had a small 401(k) balance that didn't list a beneficiary-- and they wouldn't let me move forward without... View More

David Trice
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answered on Dec 10, 2024

Hello, I can say that sometimes it is necessary to probate an estate even though it is insolvent, usually when there are creditors. You should hire a probate attorney in the area where your mother lived. The attorney will need to determine whether the asset falls outside of probate or not. I am... View More

1 Answer | Asked in Medical Malpractice for Vermont on
Q: After heart attack was told bypass surgery only to find out 1 stent was all I needed.

After a cardiac cath, I was told that I had heart disease in my attire and recommended quad bypass surgery over multiple stents. I did go with the recommendation of bypass surgery. The upper sternum didn't heal correctly, so 14 months after the bypass, I had another operation to plate the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 30, 2024

A Vermont attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It could be actionable, but it will depend on the strength of medical experts for both sides. It's possible that defense attorneys might not automatically accept that that... View More

2 Answers | Asked in Immigration Law for Vermont on
Q: I am on B2 visa currently in the US & was offered a job at a healthcare facility. What is the process in applying EAD?

I would like to consult on how to process work visa, Employment Authorization Document if I have a B2 visa? I am currently here in the US. I also need to ensure my son who’s 15 yrs old will be able to get his SSN and what’s the process for obtaining green card for both of us? He’s also with... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti
answered on Dec 5, 2024

While it is technically possible to apply for a change of status to employment-based status while you are legally on a B-2 visa, there are significant challenges to consider. One important limitation is that your I-94 was likely issued for a specific period, typically six months. Given the... View More

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1 Answer | Asked in Tax Law for Vermont on
Q: vt tax claims excessive expenses and sales dont match up

After numerous requests, they knew of no and misspoke when asks which expenses were excessive. They claim under reporting of income, when asked to be specific never spelled it out. I used GoDaddy acct which went out of business, dont have cash receipts, statements, documentation stored in barn... View More

James L. Arrasmith
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answered on Oct 14, 2024

You should start by organizing any available records, such as bank statements or digital receipts, to demonstrate your income and expenses. Explain to the tax authorities that recent sales were from your personal collection, not part of your business inventory. Make it clear that since you’ve... View More

1 Answer | Asked in Immigration Law for Vermont on
Q: Question about court order

"I have a court order from the state of Georgia requiring me to visit my 2- and 4-year-old children in Montreal twice a month. However, every time I cross the border, I'm faced with numerous questions, and the authorities tell me they don’t recognize the court order because it’s from... View More

James L. Arrasmith
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answered on Oct 8, 2024

It sounds like you're facing a tough situation with the cross-border complications. The challenge you're running into is that a U.S. court order isn’t automatically recognized in Canada. To have your court order enforced in Montreal, you would likely need to take it to a Canadian court... View More

1 Answer | Asked in Immigration Law for Vermont on
Q: I have Question about Canada Visit

"I'm a U.S. citizen living in Vermont, and my two children, ages 2 and 4, live in Montreal, Canada. I cross the border every weekend using my driver's license to spend time with them, and I've had no issues so far. My question is, would it be possible for me to stay in Canada... View More

James L. Arrasmith
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answered on Sep 23, 2024

When crossing into Canada as a U.S. citizen, you can typically stay for up to six months without a visa. However, extending your stay to four months could raise concerns with border officers if they believe you are not just visiting, but living in Canada without proper documentation. It’s... View More

1 Answer | Asked in Real Estate Law for Vermont on
Q: When the owner of the property be able to sell their property without signoff from joint tenants per Quir Claim deed.

Quit Claim Deed

Anthony M. Avery
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answered on Sep 3, 2024

Not sure of your question... But any tenant in common can convey their individual titled interest. However a buyer will want the entire title, so he wants all owners to convey. Otherwise he becomes a TIC with the other owners.

1 Answer | Asked in Tax Law for Vermont on
Q: My dad got portion of parents estate, and would have had to pay taxes. He passed, and the money came to me. Do I pay
James L. Arrasmith
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answered on Jul 28, 2024

When you receive an inheritance, whether you need to pay taxes depends on several factors. Generally, inheritances are not considered taxable income for federal income tax purposes. However, if the estate itself was large enough, estate taxes might have been owed before the money was distributed to... View More

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