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Delaware Questions & Answers
1 Answer | Asked in Civil Litigation for Delaware on
Q: Driveway damaged by dumpster.

I hired a contractor to repair my home after a house fire. The contractor had a dumpster placed on my driveway. When the dumpster was removed the truck cracked my driveway.

The contractor claims to have reached out to the dumpster company and he claims they are not returning his calls. I... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where the contractor you hired caused damage to your property through a subcontractor (the dumpster company), you typically have the right to seek compensation for the damages. Since your contract was with the contractor and not the dumpster company, the contractor is generally... View More

1 Answer | Asked in Securities Law and Business Law for Delaware on
Q: I want to start a hedge fund in Delaware and act as a manager, do I need a investment advisor licence to do that?
James L. Arrasmith
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answered on Nov 19, 2023

Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... View More

1 Answer | Asked in Consumer Law for Delaware on
Q: Invested in a Trust in Delaware, for good returns and full capital protection.I am afraid this is scam. Pls advice

The trust deals with patents and litigation. Stopped returning my emails and calls and partial payments got stuck

James L. Arrasmith
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answered on Nov 9, 2023

If you're concerned that your investment in a Delaware trust may be a scam, it's crucial to take immediate action. Verify the legitimacy of the trust by checking if it's registered with the appropriate regulatory bodies. You should also review the communications and agreements you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can a police officer get a search warrant from another county

Can a Kent County officer get a search warrant signed by a sussex county jpc judge

James L. Arrasmith
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answered on Nov 5, 2023

Yes, a police officer can obtain a search warrant from a judge in a different county if the situation warrants it. The jurisdiction of a judge to issue a search warrant typically depends on the location where the search is to be conducted, not the home county of the officer seeking the warrant.... View More

1 Answer | Asked in Estate Planning for Delaware on
Q: does the creator of a revocable trust need my social security number before it becomes an irrevocable trust?

Jurisdiction of the revocable trust is Milford DE

T. Augustus Claus
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answered on Oct 26, 2023

In the context of a revocable trust becoming irrevocable in Delaware, the need for your social security number and other information may depend on the trust's terms and the trustee's requirements. As the trust transitions, the trustee or executor may request beneficiary information,... View More

2 Answers | Asked in Immigration Law for Delaware on
Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

T. Augustus Claus
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answered on Oct 23, 2023

Yes, you can generally undergo background checks and criminal record checks for volunteering opportunities while on an H-4 visa without an Employment Authorization Document (EAD). These checks are typically conducted for the safety and security of all individuals involved in the volunteer... View More

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2 Answers | Asked in Immigration Law for Delaware on
Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

James L. Arrasmith
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answered on Oct 24, 2023

Being on an H4 visa without EAD (Employment Authorization Document) means you're not authorized for paid employment. However, volunteering, especially when it's without compensation, is generally permissible. Background checks, including criminal record checks, are standard procedures for... View More

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1 Answer | Asked in Collections for Delaware on
Q: I am being sued in jp court for a credit card debt by a collection agency law firm

the original file date was jul 28 2020 with no other actions until oct 4 2023. is this legal ? isnt there a statute of limitations? the orginal debt is from 2018

T. Augustus Claus
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answered on Oct 19, 2023

In Delaware, the statute of limitations for credit card debt is typically 3 years. If the original debt is from 201 and no actions were taken until October 4, 2023, there might be an argument for the debt being time-barred under the statute of limitations. The original file date of July 28, 2020,... View More

2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If you believe the trustee of your grandma's will is not fulfilling their fiduciary duties, you can petition the court to have them removed. To initiate this process, you'd typically file a petition to remove the trustee in the probate court or... View More

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2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

T. Augustus Claus
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answered on Oct 12, 2023

In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee... View More

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1 Answer | Asked in Business Law and Employment Law for Delaware on
Q: CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k

The CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k. Am I obliged to sell it to the company, or can I sell it to the highest buyer?

T. Augustus Claus
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answered on Oct 9, 2023

In Delaware, whether you can sell your shares to the highest bidder largely depends on the company's bylaws, stockholders' agreement, or any other agreements you may have entered into when you acquired or during the tenure of holding the shares. Some companies have a "right of first... View More

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What can a landlord legally do if I terminate my rental lease agreement early?
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answered on Oct 6, 2023

In Delaware, if a tenant breaks a rental lease early without valid justification or the landlord's agreement, the landlord may be entitled to retain the security deposit, charge for unpaid rent for the remaining lease duration, and seek reimbursement for costs incurred in re-renting the... View More

2 Answers | Asked in Civil Rights for Delaware on
Q: Is it possible to have a polygamous marriage in the United States under the first amendment?

I googled where I could get a polygamous marriage and it appears to be illegal but I don't see how that is possible due to the first ammendment allowing freedom of religion

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

In Reynolds v. United States, 98 U.S. 145 (1879), the U.S. Supreme Court ruled that religious duty is not a defense to a criminal indictment for polygamy. It determined that while the First Amendment protects an individual's right to believe in polygamy, it does not prohibit Congress or the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: How can I use ip holding company for copyright? I am an author and I hold the copyright? How can i draft an agreement?

How can I draft agreement between author and ip company without losing copyright time?

How can I draft agreement between ip company and publisher?

James L. Arrasmith
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answered on Sep 11, 2023

When drafting an agreement between the author and the IP holding company, it is crucial to clearly specify that the transfer of rights to the IP holding company is for management and licensing purposes and not a full transfer of the copyright ownership, thereby not resetting the copyright term... View More

1 Answer | Asked in Tax Law for Delaware on
Q: I have a LLC in Delaware. I have used a foreign address for my llc. Should I pay Income Tax?

I have a LLC in Delaware. I have used a foreign address ( Sri Lankan Address) for my llc. I am living in Sri Lanka ( Foreign Country ). If My LLC earning money in usa, should i pay tax individually to the usa and should pay tax by my llc?

Blake Goodman
Blake Goodman
answered on Jul 26, 2023

Your LLC is a flow thru entity in the US. It doesn't pay tax, even though it may have to file a return (partnership or your individual Sch. C return). You have to pay taxes though individually for LLC income, regardless of you not living in US. US citizens pay worldwide income. You can get a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Q: My case is in federal court. A wrongful termination due to disability an discrimination. Do I have to file a motion?

Or file anything. The Lawer is requesting all my medical records from Jan 16 to current along with all my drs treatment medications phone records. Isn’t this excessive?

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

It depends on how voluminous less than seven months of your medical records are. For most people, this would not be particularly voluminous and with online patient portals now the norm in healthcare records, should be relatively simple and straightforward to download and produce.

Now, if...
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1 Answer | Asked in Criminal Law for Delaware on
Q: If there is no fence around a business property,can you still be charged with criminal Trespassing in the third degree.
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answered on Jun 23, 2023

Trespassing laws often take into account factors such as intent, notice, and permission to be on the property.

Even without a fence, entering or remaining on someone else's property without permission or after being explicitly told to leave could potentially lead to criminal trespassing charges.

1 Answer | Asked in Business Law for Delaware on
Q: majority shareholder Dir dissolves the company and transfers the sole valueable ip to themself wo consideration

What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: what are my lifetime rights worth?

DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?

Anthony M. Avery
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answered on Mar 8, 2023

There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a... View More

1 Answer | Asked in Federal Crimes and International Law for Delaware on
Q: What would US diplomats in the UK do a British woman gives birth to a child

What would US diplomats in the UK do a British woman gives birth to a child and she makes clear that she does not want her child to be a US citizen because of the IRS taxes and does not want her child taken out the UK and Ireland and does not want her child to visit the USA before age 18 for child... View More

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answered on Mar 4, 2023

If a British woman gives birth to a child in the UK and does not want the child to be a US citizen, US diplomats in the UK would not have any involvement in this matter. It is the choice of the parents whether to apply for US citizenship for their child or not. If the child is not a US citizen,... View More

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