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Delaware Questions & Answers
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...
Read more »

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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...
Read more »

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...
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". .

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