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Virginia Questions & Answers
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

0 Answers | Asked in Health Care Law for Virginia on
Q: I had my first appointment with my new primary care doctor this past week, and the first thing he asked me was why did

I make a complaint to the virginia medical board about my previous doctor. It made me feel really uncomfortable and at the end of the appointment said, "the reason I was asking you about "Dr.***" is because I see where you made a complaint against him.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: A ticket arrived in the mail for speeding how should I proceed
David G. Parker
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answered on Nov 1, 2024

This sounds like a speeding camera ticket. For these, no points are assessed against your driver's license and no report is made to the DMV or your insurance provider; however, they are still allowed to demand that you pay a civil penalty. To be sure, you could consult with a lawyer in your... View More

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3 Answers | Asked in Real Estate Law for Virginia on
Q: Does this give me an out if I don’t like the layout of the land?

“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.

Richard Sternberg
Richard Sternberg
answered on Oct 29, 2024

It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: A Cuban entering USA with an I94 parole, canthat person file their own i130 and i485 without a family support affidavit

Similarly if Cuban husband is us citizen can he file i130 and I485 for wife without doing a family support affidavit?

James L. Arrasmith
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answered on Oct 29, 2024

When you enter the USA on an I-94 parole, filing an I-130 and I-485 typically requires a family support affidavit. This affidavit, known as Form I-864, demonstrates that you have adequate financial support and are not likely to rely on public benefits. Without this affidavit, your application might... View More

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can I ask for a rent reduction? Is there a formula to figure out how much the reduction should be?

I reported kitchen tile sagging. Upon investigation, contractor found water under tiles and a puddle under the refrigerator, mold and water damage under the house, kitchen area only. He believes the leakage has be ongoing. However, it could not be determine if it was the result of the... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Trying to obtain transcript of a specific court date in PW County Virginia criminal court case in which I was the victim

No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?

I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More

David G. Parker
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answered on Oct 30, 2024

Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More

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2 Answers | Asked in Divorce and International Law for Virginia on
Q: Hello, I have a question regarding an incomplete divorce, it appears the subjects are separated but says property is not

The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 29, 2024

In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 24, 2024

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

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1 Answer | Asked in Consumer Law for Virginia on
Q: Do PNC Cashapp and PayPal have any liability for failing to identify fraudulent transactions on their platforms?

On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More

David G. Parker
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answered on Oct 29, 2024

If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More

1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
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answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?

I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More

David G. Parker
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answered on Oct 23, 2024

As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Did 46.2-1014 high mount brake not working give reasonable suspicion to make traffic stop in 2014
David G. Parker
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answered on Oct 23, 2024

In 2014, yes. As of 2021, the Virginia Code was amended to label a number of traffic infractions "secondary violations" which, standing alone, do not justify a traffic stop. But this new rule is not retroactive to traffic stops from 2014.

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1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: Will my Sterling background check include a pubic intoxication that was nolle prosequi dismissed?
Daniel P Leavitt
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answered on Oct 22, 2024

Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing a stopped school bus?

I passed a school bus that was pulled to the side of the road at an entrance road. It had hazards and the yellow warning lights but no red lights and no arm deployed. Another school bus in between us passed in the same manner as I did. After that bus passed I waited a second or two and the stopped... View More

David G. Parker
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answered on Oct 25, 2024

Yellow warning lights begin to deviate from their intended purpose if they're left on indefinitely. I have seen this behavior before from some school bus drivers and it is a problem for other motorists who have to decide how to proceed. It sounds like you took reasonable precautions before... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I was detained at Walmart and given a court date for 10/28 (arraignment). Is there additional charges against me?

I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I... View More

Daniel P Leavitt
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answered on Oct 20, 2024

Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Municipal Law for Virginia on
Q: How can I challenge Oakllands blight ordinance for 20 years I have been harrassed unjustly by tbuilding inspection dept.

Ever since I pulled Owner Builder permits to put A new foundation under my home, I have been targeted by the permit dept. Unfairly. I have lived in Oakland since the 1980's prior to pulling permits I had NEVER been questioned or targeted by Oaklands fledgling blight ordinance inspectors, Ever... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm sorry to hear about the challenges you've faced with Oakland's blight ordinance. To begin addressing this issue, start by gathering all documentation related to your interactions with the building inspection department. This includes permits, inspection reports, correspondence,... View More

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