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Delaware Questions & Answers
1 Answer | Asked in Tax Law for Delaware on
Q: My mother passed away and left me and a sibling a home we live in md do we have to pay taxes when we sell the house
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 20, 2019

You'll have long term capital gains (Carryover holding period from the deceased) equal to the sales amount less the fair market value on the date of death (due to stepped up basis) (or alternate valuation date if that was used), less any costs of sale.

It's a capital asset with no...
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1 Answer | Asked in Probate and Estate Planning for Delaware on
Q: My grandmother passed away Oct 3. My aunt & I are listed as co-executors & everything she owned is to be equally

divided between us. I live in DE - she lives in GA where the lawyer is - there has been nothing posted in paper regarding death or collections? she is asking me to make her "sole executor" which i do not want to do. What are my options to resolve this issue & split the inheritance?

Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

She might want to be sole executor solely for convenience. Or she might want to keep the executor fee all for herself. Or, she might have more even more nefarious reasons. There is no way any attorney answering this question can know.

Your grandmother had reasons for naming both of...
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1 Answer | Asked in Real Estate Law for Delaware on
Q: Is a lawyer required for refinancing a mortgage?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

In Texas a lawyer is not required to refinance.

1 Answer | Asked in Criminal Law and Identity Theft for Delaware on
Q: How to resolve an arrest warrant in DE if I’m in FL? Never been in DE, I’ve been accused of identity theft there.
Gary Kollin
Gary Kollin answered on Oct 8, 2019

You need to retain an attorney in DE". .

2 Answers | Asked in Bankruptcy for Delaware on
Q: How much does it cost for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.

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1 Answer | Asked in Criminal Law for Delaware on
Q: my husband had suboxone found in a drawer near his bed the persons drawer next to it had 4 whole pill in it hes been h

housed in a dorm like room where there arent cells and everyone has access to everything can he not be charged since it wasnt on his person

Gary Kollin
Gary Kollin answered on Oct 7, 2019

When you are away from your house, do you still own the clothes in your closet?

There is a thing called constructive possession. You can google it

1 Answer | Asked in Civil Litigation for Delaware on
Q: Can the defense attorney speak with the plaintiff witnesses on the phone in lieu of a deposition, Is this admissible?

This is a slip and fall lawsuit where the defense attorney is having a difficult time reaching plaintiff witnesses for deposition. So instead, he stated that he would speak to them on the phone.

Ken Shigley
Ken Shigley answered on Sep 26, 2019

He may interview the witnesses to see what they have to say. With their permission he may record the calls. Some states allow recording without permission but jurors tend to think that is unfair and sneaky. If the witnesses testify at trial, and say something contradictory to what is in a recorded... Read more »

1 Answer | Asked in Probate for Delaware on
Q: I need advise on being able to get a name change.

CDL license renewal requires you show proof of a name change that is different from your birth name. I have a problem because When I got married I used my stepfather's last name due to the fact I did not like my last name. Now they courts say I have to show proof how my name changed.

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

If you have a specific question you can post it in this forum. If you need representation you can search for an attorney in this website and contact them directly.

2 Answers | Asked in Bankruptcy for Delaware on
Q: I think I need to declare bankruptcy. I have eight pay day loans and the interest rate is killing me.

If I pay all the pay day loans there isn't enough money to pay the cell phone bill, the car insurance, the Verizon bill and the car loan. I am a teacher. The shame and the stress is killing me. Can you please give me some advice.

frock741@hotmail.com

Stuart Nachbar
Stuart Nachbar answered on Sep 4, 2019

You should definitely consult with a Chapter 7 Specialist in your area. You don't indicate what your salary is, or if you are a dual income household, or many other items that a good Bankruptcy Counsel will ask. Please seek someone in your state, and don't hesitate to ask for a referral if you... Read more »

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1 Answer | Asked in Criminal Law for Delaware on
Q: I have a son who is 17 yrs old and was arrested for Possession of alcohol by a minor. We reside in Delaware County.

Do we need a lawyer?

Gary Kollin
Gary Kollin answered on Aug 26, 2019

If you were arrested and charged with any crime, you would insist on retaining a lawyer. Does your son deserve less?

1 Answer | Asked in Construction Law for Delaware on
Q: Can you still go to a lawyer after you have gone through a TV consumer group such as NBC10 Responds?
Tim Akpinar
Tim Akpinar answered on Aug 21, 2019

You should be able to. Those types of consumer troubleshooters often try to intervene and assist in solving problems for people in the community. But they don't generally act as legal advocates. If you do go to an attorney, bring your earlier efforts with the TV station to their attention, so that... Read more »

2 Answers | Asked in Bankruptcy for Delaware on
Q: Should I hire bankruptcy attorney in DE?

FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 16, 2019

Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same

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1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Q: Is there any law in Delaware that states how long The LISTING Agent can HOLD an OFFER TO PURCHASE BEFORE PRESENTING?

I have made several offers to Purchase Real Estate and it seems these agents Hold onto these offers until something else comes in. I was under the impression that " TIME IS OF THE ESSENCE "

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

It is impossible for anyone to find out if a Realtor is withholding offers, much less find out how long and the reason why. Think this all the way through: It could very well be that the seller has made it clear they will not accept any "low-ball" offers; and so the Realtor may be holding them--in... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Business Law for Delaware on
Q: What's the best state to open a stock/real estate holding company with a nonresident alien and a legal resident owner
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Before you start looking for types of "stock/real estate holding companies" you should call an Immigration lawyer and ask them if what you are trying to do is possible.

1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for Delaware on
Q: Dealership and manufacture will not work with me on my defective camper. Can not find a layer for help.

Sorry meant Lawyer for help.

Tim Akpinar
Tim Akpinar answered on Jun 21, 2019

Based on these limited details, it's difficult to say why you were not able to find a lawyer to help you. It's possible that lawyers you spoke with did not see a strong or viable case, they may have felt that legal costs would have been out of proportion with the scope of the dispute, among other... Read more »

1 Answer | Asked in Tax Law for Delaware on
Q: Can I use the tax treaty between the US and Portugal to pay taxes only in my home country?

I recently incorporated a LLC company in Delaware. I'm a Portuguese citizen living in Portugal. The products we sell are manufactured in the USA by a third party manufacturer, then shipped to a USA third party fulfillment center, and from there shipped to our customers. I don't own any warehouses,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Free practical advice offered for the last 41 years to people starting or operating their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: What is the cost to protect an invention and what documents do i need to provide?
Sean Erin Serraguard
Sean Erin Serraguard answered on May 1, 2019

The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Delaware on
Q: We haven’t had water continuosely for a period of 5 months. They wont fix. What are my legal remedies.

Well water, pump in landlords basement. Some days water is off for 13 hours, it’s now a daily occurrence. I’ve mailed landlord a registered letter. Rent paid on time for 12 years. Do I put rent in escrow account? A friend of mine would have fixed it for them, they refused. They are now angry... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

This is not (yet) a legal issue. This sounds like a problem best looked into by your county health department.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on
Q: Do I need to change my business name?

I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... Read more »

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