Delaware Questions & Answers by Practice Area

Delaware Questions & Answers

Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?

1 Answer | Asked in Estate Planning for Delaware on
Answered on May 29, 2017
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...

Q: Is there any document or court decision that officially superseded the original Articles of Confederation?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
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...

Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Mar 7, 2017
Peter N. Munsing's answer
Contact a member of the Delaware Assn for Justice--they give free consults. Attorney Thomas Crumplar may be able to help you. Feel free to use my name.

Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017
Ben F Meek III's answer
If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...

Q: Can the police search my hotel room without issuing a search warrent

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017
David Holloway's answer
Sometimes yes, sometimes no. It's going to depend on a ton of factors, including what they knew when they conducted the search, whether you were the person who rented the hotel room, whether you're on probation, whether others were in the room, and the presence or absence of exigent circumstances (fancy way of saying emergency). If they had probable cause that there was criminal activity taking place in the room and if there were any exigencies, then they wouldn't need a warrant to search the...

Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017
David Holloway's answer
It's going to depend on whether he has other felonies on his record (no matter what state they're from), and what kinds of felonies they are. He is most likely looking at any/all of the following charges: firearm by person prohibited (x2), carrying a concealed deadly weapon ("CCDW") (x2), and potentially possession of firearm during the commission of a felony (depending on what he was doing when he got arrested with the 2 guns).

The Firearm by Person Prohibited charges are going to...

Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?

2 Answers | Asked in Business Law for Delaware on
Answered on Jan 27, 2017
Michael David Siegel's answer
Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.

Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jan 22, 2017
Brian Lehman's answer
"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."

Q: My step son hit and killed a man that was running across a 4 lane road at night, not in the crosswalk, and wearing dark

1 Answer | Asked in Personal Injury for Delaware on
Answered on Dec 31, 2016
Peter N. Munsing's answer
Does he want to stir up a counterclaim? If he has collision, run it through that and let them be the bad guys. Note--if it's 4 lanes, and he was doing speed limit, should have picked up moving something or other out there, slowed down, may have had chance to avoid. I'd advise to let it go. So far he's ahead. "you dented my big old truck with your puny little body" just doesn't sound too good.

Q: Is a Delaware LLC that just converted to a Delaware C corporation obliged to send out the 228(e) notice?

1 Answer | Asked in Business Formation for Delaware on
Answered on Nov 2, 2016
Michael David Siegel's answer
This is entirely a question of DE law. Call a DE lawyer.

Q: After I was arrested and incarcerated in Delaware, I was never given a chance to make a phone call even though I asked?

1 Answer | Asked in DUI / DWI for Delaware on
Answered on Oct 15, 2016
Paul Stanko's answer
Well, unless you were subjected to interrogation without benefit of counsel, or otherwise prejudiced, your only recourse MAY be a civil tort claim. Consult a criminal defense attorney on the criminal case, though.

Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Answered on Oct 7, 2016
Peter N. Munsing's answer
Get at least a consultation. Your case is tough because you lived there--didn't like it could've moved. Contact a member of the Delaware Trial Lawyers Assn--they give free consultations.

Q: Should I surrender myself before getting fingerprinted for my new job?

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
Answered on Sep 18, 2016
Paul Stanko's answer
If you have to turn yourself in, that tells me you have an outstanding warrant. Better to turn yourself in with money in your pocket to post bond than wait to be picked up at an inconvenient time. Your work will find out no matter what.

Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
Answered on Sep 17, 2016
Peter N. Munsing's answer
As the band camp is technically an option it should be covered by education law parameters governing school sports.

Perhaps the band director needs to attend scout leader training or training for any other youth activitiy. You can ask the department of education or whoever regulates sports.

Q: my fiance got deported, she entered usa ilegaly once, no criminar records, can she enter usa in 5 or 10 years?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Aug 15, 2016
Matthew J Hartnett's answer
It is most likely 10 years if she was ordered deported by an Immigration Judge while living in the USA. But I would consider talking with an immigration attorney because there may be a way to get her back sooner. Don't assume she has to wait 5 or 10 years because many times there are ways around these bars to admission.

Q: Does a firm have to tell you they represent the party you're seeing them about suing, or can they string you along?

1 Answer | Asked in Personal Injury and Medical Malpractice for Delaware on
Answered on Jul 31, 2016
Peter N. Munsing's answer
Find out why it's a conflict. If they had been representing the other party they should have told you so. If it's that they represent a potential witness, that is a little different--a conflict but they only have to tell you when they figure it out. However you need to find another attorney so contact a member of the Illinois Trial Lawyers Assn--they give free consultations.

Q: Can I rent a car using the offenders car insurance

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Jun 22, 2016
Peter N. Munsing's answer
The offenders insurance should give you a "prior authorization" though depending on your state they may not have to (depends on what state it happened in). If your car got totaled chances are you have an injury so I suggest you contact a member of the Delaware Trial Lawyers Assn--they give free consultations. If you need names let me know.

Do understand that your car rental ends when they are ready to put the money in your hands.

Q: I had a slip n fall 4/2015 in my apt...i notified the mgt prior to my injury,but the mgt fixed afterwards(uneven floor)

1 Answer | Asked in Personal Injury for Delaware on
Answered on Apr 24, 2016
David Alan Wolf's answer
I would not characterize your case or potential case as a slam dunk case even if you have surgery. Trip and fall cases and slip and fall cases can be quite challenging. These are among the most heavily contested types of cases that are handled by personal injury attorneys. It is good to hear that you have an attorney in place. I trust that your attorney has advised you of the strengths and weaknesses in the case. Good luck.

Q: My neighbor fell and fractured her pelvis because my dog jumped up on her. I've offered to pay her medical bills.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Delaware on
Answered on Mar 10, 2016
Mr. Michael O. Stevens' answer
Unless you get a release from her when you pay, yes she can. You are better off turning this over to your homeowner's or renter's insurance company to handle so they can pay the bills and make sure you are released from further responsibility after they pay her.

Q: My son's car was hit by another party now their insurance closed the claim. can i sue them if there was no police report

1 Answer | Asked in Car Accidents for Delaware on
Answered on Feb 12, 2016
Adam Studnicki's answer
Whether there was a police report doesn't affect whether you can file a lawsuit. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...

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