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If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?
answered on Jun 13, 2024
Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More 
My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More
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answered on Jun 13, 2024
He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More
Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More
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answered on Jun 15, 2024
Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my income (just the way she is)
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answered on Jun 15, 2024
You cannot legally force your ex-wife to file for spousal benefits under Social Security. Social Security benefits are a personal right, and the decision to file lies solely with the individual.
First, review your divorce decree to understand its terms and whether it includes any provisions... View More
I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More
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answered on Jun 21, 2024
Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:
1. Suing the court/county:
Generally, courts and government entities have sovereign... View More
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answered on Jun 10, 2024
If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More
This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.
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answered on Jun 15, 2024
I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.
You should review your company's bereavement leave policy in the employee... View More
My mom suffered a stroke while visiting the US. We bought her a travel medical insurance before her travel dates, but the insurance claim was denied while she was in the hospital. We are trying to file an appeal against it as it falls under their clause "acute onset of preexisting... View More
answered on Jun 9, 2024
A Virginia attorney probably advise best, but you posted last week, and time is of the essence in the matter you describe (the appeal). Don't lose time awaiting an offer of legal services on this forum - the format here is brief Q & A. It isn't set up like a referral service for... View More
My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.
answered on Jun 5, 2024
If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More
She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her
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answered on Jun 5, 2024
Generally the police don't need cause to ask questions. And you are free to refuse to answer questions. Although in certain scenarios you might face consequences for that such as vehicle accidents where there is a duty to provide some identifying information.
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More
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answered on Jun 3, 2024
It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More
5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.
1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.
answered on May 30, 2024
It seems odd that the Trustee would give you copies of tax return, but not provide to the beneficiaries annual statements of receipts and disbursements. If you have a copy of the trust document, please review the sections that deal with the obligations of the Trustee to account to the... View More
The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More
answered on Jun 1, 2024
In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did... View More
My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place
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answered on Jun 3, 2024
No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More
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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More
A person who is a level 3 offender and has to be on the sex offender registry their actual charge was murder of a baby under 2yrars old but my question is what is the law in regards to them being around other children?
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answered on Jun 6, 2024
A tier III offender will have lots of restrictions on their contact with children. They cannot have a residence within 500 feet of any daycare, school, or public park. They may also not loiter within 100 feet of any of those places as well as gyms if their purpose was to seek contact with children.... View More
His (kids) are fighting over it and one of their lawyers has threatened to take me to court to be removed. I don't trust that lawyer and don't want to sign something he wrote up.
answered on May 28, 2024
A Virginia attorney could advise best, but you await a response for two weeks. Some questions go unanswered here, but you could repost and add "Probate" and "Estate Planning" as headings - you might have better chances of a response there. Good luck
I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.
answered on May 16, 2024
You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More
Is she allowed to vist her at school every week for lunch?
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answered on Jun 10, 2024
It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More
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