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Virginia Questions & Answers
1 Answer | Asked in Estate Planning for Virginia on
Q: Our house is in my husbands name. He passes away. Do I have to go through probate in virgina?

Is a living trust needed?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 14, 2024

You should not have to go through probate in the typical fashion because the real estate should pass directly to the heirs at law pursuant the intestate laws of Virginia. I highly recommend you contact an attorney to understand your rights and the process.

0 Answers | Asked in Employment Discrimination and Employment Law for Virginia on
Q: Do I have a case for retaliation, wrongful termination?

I was the hospitality supervisor ata retreat center that hosts people from all over the world, close quarters, stay a week, bed bug was found. Confirmed 100% by Dodson rep.. I asked my supervisor to meet that afternoon so we had a game plan,I was going to call off my staff the next morning until... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are FRTs legal in the state of Virginia?

I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More

David G. Parker
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answered on Nov 12, 2024

Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More

1 Answer | Asked in Municipal Law for Virginia on
Q: I live 10 minutes away from my school. I’m going to park in a neighborhood that my friend lives in but there are signs.

I live 10 minutes away from my school. I’m going to park in a neighborhood that my friend lives in and infront of there house so I can avoid traffic. I have permission to park infront of there house but there is a sign that says “2 hour parking Monday-Friday 9-2PM” across from his house on an... View More

David G. Parker
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answered on Nov 11, 2024

The Henrico County Code of Ordinances governs these situations, but is vague about signage. The Ordinance refers to parking being prohibited simply in "any place where official signs prohibit parking" and so it's guesswork without knowing the area and how the signs appear. Do any... View More

0 Answers | Asked in Consumer Law and Business Law for Virginia on
Q: They are refusing to let me withdraw my money off their website what can i do

11/9/24, 12:07 PM - Your current account balance is $9456.81. The unfreezing fee you need to pay is $9456.81. After the risk control department unfreezes your account, the funds you can withdraw are $18913.62

11/9/24, 12:08 PM - 105238: Why

11/9/24, 12:08 PM - 105238: Can... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Hello, my Name is Marvin and I was adopted my my aunt ( my mom’s sister ) I was 17 soon to be 18 by then.

It was considered only for my own benefit but I want to reunite my very ill grandmother with my Biological Mother. Could i sponsor my mom? And why she keeps being denied a visa to come here for a few days? It’s the second time she tried.

James L. Arrasmith
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answered on Nov 15, 2024

I understand this is an emotionally complex situation, especially with your grandmother being ill and your desire to reunite her with your biological mother. This must be difficult for everyone involved.

Immigration and visa situations can be complicated, and there are many reasons why visa...
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0 Answers | Asked in Consumer Law for Virginia on
Q: My bank lied and said they would not go through with getting a judgement if the loan was caught up to date but they got

Set up on ach payments each month which we did but found out year later they did get the judgement and was now garnishing wages yet the time of them getting judgement the amount owed on loan was considerably different because 654.00 payment was paid each month from the day they enter judgement

1 Answer | Asked in Personal Injury for Virginia on
Q: My boyfriend sent me threats over the phone. So when I seen him By my neighborhood.I hit him with my car.

They now charge me for hitting him with my car. Is he going to get a charge too for making threats first ?

Michael J. Mandelbrot
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answered on Nov 7, 2024

Doubtful. You committed potentially a felony - assault with a deadly weapon. You were not under the threat of imminent harm (unless he was pointing a gun or weapon at your car). You should have driven away and sought a restraining order if you were under threat of imminent harm by his threats.

0 Answers | Asked in Education Law for Virginia on
Q: Can a private school in VA remove child until mental eval is performed?

My child was labeled a manipulator by a private christian school in VA and told she could not come back until a mental evaluation with a licensed counselor has been performed. Is this legal?

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

Anthony M. Avery
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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

0 Answers | Asked in Car Accidents, Consumer Law and Civil Litigation for Virginia on
Q: I am a victim of gross negligence and property damage.

I took my vehicle to a state inspection Atuo Repair shop for a state inspection. I also requested that my tires be rotated. The shop called to inform me that my car failed inspection and they provided me with a list as to why. They said that they did do the tire rotation and charged me for it. I... View More

0 Answers | Asked in Personal Injury for Virginia on
Q: My boyfriend keep saying threats over the phone. When I seen him In my neighborhood. I hit him with my car.

Who gets in trouble? Him because he made threats? Me because I cause serious harm? Or the both of us. And yes he was sent to the hospital.

2 Answers | Asked in Criminal Law for Virginia on
Q: My boyfriend sent me threats over the phone. So when I seen him By my neighborhood.I hit him with my car.

Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.

David G. Parker
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answered on Nov 11, 2024

You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More

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0 Answers | Asked in Divorce for Virginia on
Q: Prior to legal separation, can I drop my spouse off my insurance if he agrees? Do I need it in writing if so?

We are separated but in the same home. He has verbally said I can drop him from the health insurance but I have concerns that it will be bad once we go to court. I’m also concerned if he has a medical event and does not get his own insurance I will be responsible for medical bills. If I’m... View More

1 Answer | Asked in Probate for Virginia on
Q: Good day, thank you! Is it possible to say if probate is required for a revocable living trust in VA, US? Details below.

No house or vehicles. Just furniture, life insurance worth $60,000, bank account approx $3,000, liabilities approx $3,000. I am one of three executors in South Africa, Ireland, and the US respectively. One of us will be travelling to the US at whenever seems the best time.

Maria T Patente
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answered on Nov 1, 2024

My condolences on the passing of your friend or family member. One of the primary purposes of creating a revocable living trust is that the trustmaker can dispose of assets upon his/her death and avoid probate. In order to successfully by pass probate, (1) the trust must have been valid and (2)... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Non violent 2nd degree burglary charge that has been expunged in south carolina, can I possess an antique firearm in va?
David G. Parker
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answered on Oct 31, 2024

Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More

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