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Delaware Questions & Answers
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...
Read more »

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 »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Delaware on
Q: I left a company I cofounded but still have 50% share. Would I be personally liable if the company does not file taxes?

I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 19, 2020

Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and... Read more »

1 Answer | Asked in Medical Malpractice for Delaware on
Q: filing a medical negligence case have no lawyer . What are next steps
Tim Akpinar
Tim Akpinar answered on Feb 16, 2020

A med mal case is too complex a matter on which to give cookbook-style step-by-step instructions. If someone replied to you along the lines of: serve summons and complaint, conduct discovery, file note of issue, await trial, select jury, etc., it would be worthless. The entire process can take... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Delaware on
Q: If I sold a mobile home and they have not transferred title do I still have to pay county and state taxes on it?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

Yes, because the county and state will put tax liens on the mobile home--whether you have the title or not.

1 Answer | Asked in Estate Planning and Probate for Delaware on
Q: I went to Delaware and cared for my mother for 6 months while on hospice. I was co-executer on the will but signed that

Over to my sister since I'm out of state. In the will we split evenly. Can I bill the estate for the 6 months I took care of mom

Nina Whitehurst
Nina Whitehurst answered on Feb 6, 2020

The law generally presumes that caring for an elderly parent is done purely out of love and affection and not for compensation UNLESS there is an agreement to pay compensation, preferably in writing. Also, keep in mind that if you do manage to prove your claim against the estate for caregiver... Read more »

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...
Read more »

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...
Read more »

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... 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... Read more »

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