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Delaware Questions & Answers
1 Answer | Asked in Estate Planning for Delaware on
Q: legal document required to make sure person is to live in owners property after his death till their death

3 year relationship

Nina Whitehurst
Nina Whitehurst answered on Apr 22, 2021

There is more than one way to accomplish this, and the choice depends on a lot of other factors that you have not mentioned. This is not a do-it-yourself project. You should contact an experienced estate planning attorney for assistance.

1 Answer | Asked in DUI / DWI for Delaware on
Q: Should I get public defender for my dui court case? Can not afford a lawyer or attorney.
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 21, 2021

If you are asking whether you should ask for a public defender or represent yourself, then it's a no brainer to ask fort a public defender. You should not go into criminal court without a lawyer. If you think you might be able to afford a lawyer, then contact a few and find out ahead of your... Read more »

2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... Read more »

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2 Answers | Asked in Car Accidents for Delaware on
Q: My 24 year old hit another car, got a dui. Does not live at home, has her own auto ins. Am i liable to give an affidavit

The person that was hit... their insurance company is bugging me and wants me to sign an affidavit stating she wasn't in my policy or living at home.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 8, 2021

No, you do not have to sign an affidavit, however, it may (or may not) be in your and your 24 year old's best interests. My suggestion is that you contact an attorney or 2 in your area, bring the paperwork (affidavit, emails, correspondence) to your meet with the attorney and explain the... Read more »

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1 Answer | Asked in Car Accidents for Delaware on
Q: I was in an auto accident (no fault motorcycle) and want to apply for PIP. Employer has 3/11 as date of accident but

Hospital and insurance have 3/12. Will the date be discussed between adjuster and hr and should I just not apply for PIP because of discrepancy?

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 31, 2021

The discrepancy sounds like a mistake and can easily be corrected----you should not use that to prevent you from applying for PIP. Good luck.

1 Answer | Asked in Patents (Intellectual Property) for Delaware on
Q: US6433276B1 Can I sell this product after the patent expires? Can Patents be renewed?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 11, 2021

Patents cannot be renewed after the end of their full term (in contrast to trademarks and copyrights).

To be clear, a patent that goes abandoned early for failure to pay a maintenance fee can be revived if the failure was unintentional.

To the extent that one patent has expired,...
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1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: I was severely injured in a motorcycle accident. Why isn't the at fault person responsible for my medical? Delaware
Tim Akpinar
Tim Akpinar answered on Feb 21, 2021

A Delaware attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your injuries. You could continue to await a response here, but you could also reach out to local attorneys to try to arrange a free initial consult. Coverage for motorcycle... Read more »

2 Answers | Asked in Trademark for Delaware on
Q: Hi there , Basically we have a deficiency letter in need of a response it was incomplete plus to file amendment.

Do I file a ALLEGATION OF USE (STATEMENT OF USE/AMENDMENT TO ALLEGE USE) first and then answer this deficiency letter or both can be done together?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 20, 2021

You should consult an attorney.

Most likely you need to respond to the office action and then wait for the notice of allowance to be issued

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1 Answer | Asked in Estate Planning for Delaware on
Q: Is it proper in a Trust?

Is it proper ,in a Trust's checking account, in published checks, the trustee puts her name and address at least twice as large as the name of the Trust, and omits the sole beneficiary's name (which is part of the Trust legal name/title) and omits the E.I. N. number indicating this is a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 8, 2021

As a beneficiary you are entitled to periodic accountings. You probably need to hire an attorney to help you enforce your rights. You are looking for a trust litigation attorney.

1 Answer | Asked in Banking for Delaware on
Q: Is it legal for a bank to hold a $5000 check for more than 5 business days?

I deposited a $5000 check on January 29th. On Tuesday February 2, I contacted the bank and ask how long would it take for the check to clear. I was told that the funds wouldn't be available until February 8th. I told them their website stated that a check for $5000 would be held UP TO 5... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2021

When counting business days Banks do not count the date of the deposit--in this case Friday January 29.

So count with me: Monday February 1 was the first business day;

Tuesday February 2 was day #2;

continue on counting through Friday February 5, which is business day #5;...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Delaware on
Q: hiring restrictions in corp constitution
Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A Delaware attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are looking to challenge hiring restrictions appearing in a corporation's constitution, or are looking to appeal a lower court decision involving those restrictions. In... Read more »

2 Answers | Asked in Bankruptcy for Delaware on
Q: Filed Chapter 7 bankruptcy. Owe $140 on a title loan. Want to pay this off, how can I do this. Manager would not let me.

Called to get payoff, was told account was flagged for BK and that manager has to call corporate to find out if she can take my money. I have the $140 and just want to pay it off.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 25, 2020

The "curtain" drops regarding debts and assets on the day a Ch.7 case is filed, for purposes of determining what assets are included in the bankruptcy "estate", as well as what debts will be subject to discharge.

Any duly perfected lien will not be discharged, or...
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1 Answer | Asked in Contracts for Delaware on
Q: Do i trust a job offer contract fora company who does not have a website or really anything other than a facebook?

I have the contract I would love to get someone to look it over.

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

The question regards a contract for employment. Was the contract received following an interview? Does the company sell goods or provide services? Is the employment offer for a job for which you applied? Does the Better Business Bureau or the Chamber of Commerce recognize? How long has the... Read more »

1 Answer | Asked in Bankruptcy, Securities Law and Stockbroker Fraud for Delaware on
Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.

The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 14, 2020

Firstly, a forum like this is an inadequate place to answer a complex question such as yours.

If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to...
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1 Answer | Asked in Consumer Law and Identity Theft for Delaware on
Q: Is it worth hiring an attorney to deal with the credit card company? They denied my fraud claim, and the dispute.

I'm a resident of DE.

Dec-Feb we had a contractor doing work on the house. He used my home depot credit card use for supplies. I rcvd the card back with the receipt each time. So he may or may not be connected with the fraud.

In March we had $640 worth of fraud charges on the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

I am sure that Delaware has a small claims court system. Your claim, being under $1000.00 will most likely fall in the jurisdiction. You need to sue the contractor for use of the CC beyond the permissive use you gave him. Pay the CC to preserve your credit. HD really did not do anything wrong,... Read more »

1 Answer | Asked in Employment Law for Delaware on
Q: if I have a contract that says both parties must have a 60 day notice for termination, can I be terminated with only 2

I have been furloughed for COVID, now my boss is telling me she cant afford to bring me back and can only pay me for 2 more weeks or I will have to renegotiate my contract. I am getting ready to sign a mortgage so this ie really putting me in a bind.

Kyle Anderson
Kyle Anderson answered on Jun 3, 2020

I would recommend reaching out to an employment law attorney in your state. It sounds like your employment is governed by a contract, so if your employer is not meeting their obligation within that contract, they may be in breach. There are different strategies that can be taken depending on your... Read more »

1 Answer | Asked in Employment Law for Delaware on
Q: My salary was cut today due to cost saving measures by the company. I signed a contract when I was hired. Is this legal?

Salary was substantially reduced and I was notified via phone call and email. I signed an initial contract stating what my compensation would be and now it is greatly reduced.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

It depends. If you have an employment contract signed by you and the employer stating that you will receive a specified salary and the employer is no longer paying you that salary, the employer may be in breach of the contract. However, employers routinely send offer letters to prospective... Read more »

1 Answer | Asked in Estate Planning for Delaware on
Q: Does my mother have any recourse if the executor of a trust does not distribute the RMD due to the CARES act?

She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?

Nina Whitehurst
Nina Whitehurst answered on Apr 8, 2020

It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.

By the way, the administrator of a trustee is usually called the...
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1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: Can I open an emotional distress claim if an accident has left me unable to see my therapist

The insurance company decided the other driver was at fault for an accident I was in recently. My car is not drivable and as a result I can’t see my therapist who has said I should be there every week. I have really been struggling without access to therapy, is it worth opening an emotional... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 11, 2020

This sounds like it would be difficult case, if it were to be based on not being able to get to a therapist's office due to an inoperable vehicle, for which the fix could ordinarily be a rental vehicle or reimbursement of transportation expenses. Emotional trauma can be an element of damages... Read more »

1 Answer | Asked in Contracts, Criminal Law, Foreclosure and Personal Injury for Delaware on
Q: When is it possible for a lawyer to move a court or an arbitration hearing at a court without a claim or witness

the same individuals, as debt collectors for different entities, who are lawyers, has moved the court to sheriff sale two family properties, in less than four years, for an alleged debt and are currently attempting to move the court on a third family property, where I domicile, with no original... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 26, 2020

This is a matter for a Delaware attorney, but your post remains open for four weeks. It's difficult to tell exactly what is taking place, whether the other side is filing motions for change of venue. A quick consult with a Delaware attorney should be able to determine your best course of... Read more »

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