Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

1 Answer | Asked in Child Support and Estate Planning for Delaware on
Answered on Jan 17, 2018

If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary names and the annuity won't pass through probate there are additional issues.

Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...
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Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

1 Answer | Asked in Estate Planning for Delaware on
Answered on Jan 12, 2018

I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...
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Q: Can I sue if a mini butane torch exploded in my face?.

1 Answer | Asked in Products Liability for Delaware on
Answered on Dec 23, 2017

go to an ER if you have any concerns about corneal burns/pain in the eyes. Follow up with a dermatologist on burns.

You can sue but that's expensive. First--save any and all items in use--the piece the filler.

Also all packing, receipt etc--put it in a box or bag.

Notify the company--you wouldn't want it to happen to anyone else. Notify the CPSC.

However product cases are extremely expensive so if you don't have horrible injuries may not be worth the effort....
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Q: Can my landlord require me to allow a potential "investor" access to the home if he is not there with him at the time?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Dec 5, 2017

As you are aware of LL's selling of home where you live in, who may authorize someone (buyer/investor) to visit in and out of your rented home to look and assess its condition, etc. etc. Presence of LL is not mandatory. However, you can convey your concerns to LL that you must have informed of full details of person(s) whosoever visit your home is subject to your availability between xxx time to xxx time xxx days and that too reservation of time prior to visit must be fixed.
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Q: Does the tenant pay for moving cost if the landlord needs them to move to a new unit due to extensive repairs.

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Nov 17, 2017

Depends on what your lease agreement say about it. In principle, landlord has to relocate you at the nearest point and all expenses thereon will be borne by him.
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Q: I am relocating and gave 30 days notice, is the landlord allowed to charge for early termination?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Nov 7, 2017

If tenant has followed the terms and timeline given in lease in order to terminate lease, landlord is not allowed to charge for termination. Expenses on renovation etc. have to be incurred by landlord.
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Q: Q: Can a person be suspened from a job for 3 days with no explantion in DE

1 Answer | Asked in Employment Law for Delaware on
Answered on Nov 4, 2017

Your question needs further clarity. You claimed suspension from job for 3 days and on 4th day you have to join back or what? Seek explanation from your employer and in the meantime consult with Attorney of local jurisdiction for specific advice.
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Q: Landlord is withholding deposit because I won't pay to have her carpets cleaned. Can she do this?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Oct 24, 2017

Whether carpet was cleaned or dusty at time you moved in that house. What does your agreement spell out about these nitty gritties?
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Q: trade mark question

1 Answer | Asked in Copyright and Trademark for Delaware on
Answered on Oct 9, 2017

More details would be necessary to best answer your question.
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Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks

1 Answer | Asked in Car Accidents for Delaware on
Answered on Sep 22, 2017

You bet. The underinusured is like another liability claim except the lawyer has to show your case is worth more than the limits of liablity s/he collected for you. The workman is worth his hire. (1 Timothy 5:18)
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Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case

1 Answer | Asked in Car Accidents for Delaware on
Answered on Sep 22, 2017

Look at your fee agreement. It usually says for the amounts recovered. Two checks for one case mean that's the amount recovered. The exception might be if one was for property damage not part of an injury claim.
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Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey

1 Answer | Asked in Traffic Tickets for Delaware on
Answered on Sep 20, 2017

You need to ask this question to a Delaware Lawyer not NJ. But remember it is not just MVC points but also possible insurance implications.
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Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?

1 Answer | Asked in Intellectual Property for Delaware on
Answered on Sep 17, 2017

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com
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Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.
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Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

1 Answer | Asked in Collections and Probate for Delaware on
Answered on Aug 23, 2017

Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!

Get a local lawyer on board NOW to help defend you if you feel this is likely to happen!

--This answer is provided for informational purposes only and does not create an attorney - client...
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Q: How can I optimize a sale of business assets when the business is no longer in good standing?

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Answered on Aug 14, 2017

More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
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Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.

1 Answer | Asked in Car Accidents for Delaware on
Answered on Aug 6, 2017

Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
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Q: Looking to use photo memes in a free video game. Is this breaking any laws?

1 Answer | Asked in Copyright for Delaware on
Answered on Jun 29, 2017

Possibly. Did you take the photo and create the meme? If not, someone else probably had a copyright interest in the image. If you use it without their permission or a valid license, you could be liable for copyright infringement. Making money is not a requirement for copyright infringement. Additionally, if you use photos of people, you could also be liable for misappropriation of likeness or infringing upon someone's right of publicity, depending on your state's laws.
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Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Answered on Jun 29, 2017

1) If you made a turn it wasn't 10 seconds.

2) I assume you reported it to your insurance. Insurance will provide you with an attorney if you are sued..

3)If you didn't get a ticket you aren't in court.

Get a copy of the crash report. It may cast light on where the other driver came from but in my experience rarely does a car come out of nowhere.You had the stop sign, it's on you.
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Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on
Answered on Jun 9, 2017

Suggest you contact a member of the Delaware Ass'n for Justice like Thomas Crumplar--you can tell him I suggested you call. Malpractice cases are tough, and a bad result doesn't mean you have a case--even a horrible result. But you should check with Mr. Crumplar. If he can't help you try Jim Erisman's office.
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