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Vermont Questions & Answers
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

0 Answers | 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

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
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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

1 Answer | Asked in Federal Crimes and Constitutional Law for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

James L. Arrasmith
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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: Am I supposed to do a discovery as the defendant in a civil matter
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

A Vermont attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, discovery is the process for both sides in a legal action to learn about the opposition's case. They can ask questions and request production of materials to... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

James L. Arrasmith
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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be...
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1 Answer | Asked in Landlord - Tenant for Vermont on
Q: My commercial lease includes heat. My landlord shut the boiler off all winter and forbids me to use the boiler

I froze all winter

He bought a my buddy heater w propane cylinder and put inside the commercial kitchen which is unsafe

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like your situation is both uncomfortable and potentially unsafe, especially considering the use of a propane heater in a commercial kitchen. If your lease includes heat, your landlord is typically required by law to provide it during the colder months. The first step is to review your... View More

1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Probate for Vermont on
Q: I have a few questions on probate law and procedures in the state of Vermont

I need to know how to contest a will, find out where an estate is in probate and how much we can expect to pay to engage a lawyer on my son's behalf.

Anthony M. Avery
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answered on Jan 26, 2024

Those are not a few questions. Will Contests are very complicated and expensive. Contact a VT attorneys until you find one that will take the case. Put together witnesses and proof now.

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: Can my parents stop me from leaving the house and take things away (like my computer) that they don't pay for? I'm 18

I'm not allowed to leave the house on my own, I'm not allowed to talk to or make friends, I'm not allowed to have a job, I'm not allowed to lock the bathroom door, I'm not allowed to close my bedroom door, Im forced to go to church, they threaten to take my phone and... View More

James L. Arrasmith
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answered on Jan 22, 2024

As an 18-year-old in Vermont, you are legally considered an adult. This means you have the same legal rights as any other adult, including the right to make your own decisions about your life. Your parents cannot legally force you to stay in the house, prevent you from working, or control your... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

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