Delaware Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Delaware Questions & Answers
Q: I was backed into while parked. There was no damage to the cars but today I'm in pain. There was no report made that day
Peter N. Munsing's answer
I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.
I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.
Q: In 2016 I was in a car accident , i was hit near the passenger side wheel, after I observed duties at a stop sign,
Peter N. Munsing's answer
Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.
Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?
Nels Hansen's answer
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...
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, Estate Planning and Probate
for
Delaware
on
Answered on Jan 17, 2018
Answered on Jan 17, 2018
Kenneth V Zichi's answer
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...
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...
Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?
Kenneth V Zichi's answer
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...
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...
Q: Can I sue if a mini butane torch exploded in my face?.
Peter N. Munsing's answer
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....
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....
Q: if in auto accident , you receive 2 checks do the lawyer get 1/3 from both checks
Peter N. Munsing's answer
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)
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)
Q: I received 2 checks from auto accident . does the lawyer get 1/3from both checks? since it was one case
Peter N. Munsing's answer
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.
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.
Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey
H. Scott Aalsberg Esq.'s answer
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.
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.
Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?
Griffin Klema's answer
You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov
Griffin Klema
https://klemalaw.com
You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov
Griffin Klema
https://klemalaw.com
Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?
Kenneth V Zichi's answer
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...
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...
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
Answered on Aug 14, 2017
Jonathan R. Roth's answer
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...
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...
Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.
Peter N. Munsing's answer
Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.
Q: Looking to use photo memes in a free video game. Is this breaking any laws?
Will Blackton's answer
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.
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.
Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?
Peter N. Munsing's answer
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.
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.
Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse
Peter N. Munsing's answer
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.
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.
Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?
Kenneth V Zichi's answer
It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.
But your statement in the will needs to be CLEAR AND UNAMBIGUOUS or there will be issues. Bottom line, it is ALWAYS a good idea to hire a local estate planning attorney to help you draft an appropriate will to...
It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.
But your statement in the will needs to be CLEAR AND UNAMBIGUOUS or there will be issues. Bottom line, it is ALWAYS a good idea to hire a local estate planning attorney to help you draft an appropriate will to...
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?
1 Answer
| Asked
in
Admiralty / Maritime, Civil Rights and Constitutional Law
for
Delaware
on
Answered on May 11, 2017
Answered on May 11, 2017
Robert C. Collins II's answer
The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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