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1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Husband has named beneficiaries for all his investment accounts and our cars are in both of our names.

The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Oct 21, 2024

With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you've rec'd a foreclosure notice and considering bankruptcy, can you keep your home if you have equity?

I think it's called an automatic stay

James L. Arrasmith
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answered on Oct 17, 2024

When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.

If you have equity...
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1 Answer | Asked in Civil Rights and Medical Malpractice for Virginia on
Q: my husband’s in Mount Olive correctional facility. He’s had a lot of health issues

The Prison doctor did bloodwork on him. Told him that everything looked good. Three days later he was rushed out for emergency surgery. He’s had a heart attack. He’s been told he had sugar problems. He had his gallbladder taken out after surgery. He had internal bleeding and yesterday his legs... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm so sorry to hear about your husband's health struggles. Start by contacting his attorney to ensure he receives the necessary medical attention and to discuss any concerns about his care. If he doesn't have legal representation, seek out a lawyer who has experience with inmate... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

1 Answer | Asked in Animal / Dog Law and Elder Law for Virginia on
Q: I’ve cared for a dog for 3 months, the previous owner can’t properly care for him but is asking for him back now.

I’ve been buying things for him for over a year. There was poop in the house, he would eat her pull-ups and trash. No vet visit or shots and only went outside when she felt like letting him out. I would bring him to my house for several nights to bathe and care for him. She has memory issues and... View More

David G. Parker
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answered on Oct 17, 2024

Animal control is authorized by the Code of Virginia to seize animals that are being abused or neglected, and it sounds like this probably should have been done before the dog came into your possession. You say that she gave you the dog, but that's a little ambiguous. If you were of the... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: Hello, I am an Foreign medical gradute trying to apply for Temporary medical License in Virginia.

According to the new bill ( 54.1-2933.1 )that was passed recently regarding the temp. license eligibility.

- Part A says A. The Board may issue, to a physician licensed in a foreign country, a nonrenewable license valid for a period not to exceed two years to practice medicine while such... View More

James L. Arrasmith
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answered on Oct 15, 2024

To obtain a temporary medical license in Virginia under bill 54.1-2933.1, you must first be a physician licensed in a foreign country. You need to be enrolled in an advanced training program at an institute for postgraduate health science. This institute must be operated collaboratively by a health... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a tenant in my house for almost months I got a court date coming up.How can I have someone to represent me since

Also can I request for the back rent leading up to the court date?

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with an attorney who regularly handles landlord-tenant disputes. If you have an unlawful detainer action pending in a district court then an attorney should be able to assist you. The lawyer should be able to explain to you the possible remedies (such as ordering... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: We were pulled over because the bed of the truck was primer gray , different then title . Didn't ticket . But asked to

Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a speeding ticket 44MPH in a 25MPH zone. Clean record & going to court. What should I expect? Plea- not guilty.
Daniel P Leavitt
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answered on Oct 11, 2024

Generally what the courts do depends on your speed and driving history. Most judges look at the last 5 years. Many judges will offer driving school to reduce or dismiss if you were polite and have a very good driving record and haven't done driving school in the last 5 years.

Unless...
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1 Answer | Asked in Uncategorized for Virginia on
Q: I read on your site a towing company cannot deny me getting my possessions out of my truck?

my truck was towed because it came disconnected while being towed.. the officer listed it as a disabled vehicle incident

James L. Arrasmith
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answered on Oct 10, 2024

You have the right to retrieve your personal belongings from your towed truck. Start by contacting the towing company directly to arrange a time to access your vehicle. Make sure to bring identification and any documentation related to the tow, such as the incident report filed by the officer.... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: In the last 24 hours landlord put lock on basement door not upstairs door knowing I am disabled

Up the narrow dangerous steps. I was forced to leave he destroyed everything in the basement family heirlooms business inventory Etc

James L. Arrasmith
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answered on Oct 9, 2024

I'm really sorry you're going through this difficult situation. Given your disability, your landlord may have violated both state and federal laws by locking you out and damaging your property. It's important to document all the damage and any communications with your landlord as... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

James L. Arrasmith
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answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I'm just wondering if I have a case or not

Was misdiagnosed with a tubal pregnancy (and uterus) at lewisgale in Salem almost two weeks ago- had an unnesscary surgery to take My tube out and when the doctor opened me up there was never a tubal pregnancy.

Lauren Morgan Ellerman
Lauren Morgan Ellerman
answered on Oct 8, 2024

I am so sorry this happened. How awful. You might have a case. I would be happy to speak with you further if you are able. Lauren Ellerman - Frith & Ellerman

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Is it safe to travel abroad with a pending I-130 and I-485 on a valid H-1B and without AP?

Hi, I wanted to ask if it's safe to travel abroad with a pending I-130 and I-485 on a valid H-1B status and without filing the advanced parole.

I also have an approved I140 from my employer with a priority date of March 2015 and waiting for it to become current to file I-485. My H1B... View More

James L. Arrasmith
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answered on Oct 8, 2024

Traveling abroad on your valid H-1B with a pending I-130 and I-485 can be possible, but there are a few important things to consider. Since you have a valid H-1B visa stamp until February 2026, you can re-enter the U.S. using your H-1B without needing an approved advance parole (I-131). This means... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: My husband has power of attorney over his uncle whom is in a nursing home, he is mentally fine but physically not.

His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More

Richard Sternberg
Richard Sternberg
answered on Oct 7, 2024

The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More

1 Answer | Asked in Tax Law, Collections and Communications Law for Virginia on
Q: How can I dispute personal property taxes for a car that wasn’t registered at all during that time?

A lien was placed on my bank account for personal pretty taxes, to which the communication was sent to an address I am not associated with at all so I had no knowledge of the lien being placed against me.

The car also hasn’t been registered in VA since 2022 and was unregistered for two... View More

James L. Arrasmith
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answered on Oct 7, 2024

To dispute the personal property taxes, you need to gather all relevant documentation that shows the vehicle was not registered during the period in question. This could include proof of non-registration, your current residence outside Virginia, and any relevant records showing the car was not in... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Virginia on
Q: I was fired for violation of harassment free workforce. We have no policy around employee relationships.

I was in a mutual relationship with my employee. The relationship started once she was transferred to me and on a final written warning. After she transferred to me, she started to really excel and her attendance was immediately better. So I gave her more flexibility within the workplace. I did get... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Listen, and I say this from a place of love, but part of being a lawyer is giving people tough advice. Based on what you are saying above, the behavior may have been highly inappropriate.

First, unless you belong to a union or have an employment contract like a tenured professor, you are...
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