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Delaware Questions & Answers

1 Answer | Asked in Traffic Tickets for Delaware on

Q: What are points and insurance impact for Delaware Licensed drivers on getting tickets in other state for e.g New Jersey

Hello,

I'm a Delaware licensed driver with with clean record.

Recently when I was passing through New Jersey returning back to Delaware, I was stopped and given two tickets in New Jersey

a) Improper Passing for Passing on the Right (4 Point in NJ)

b) Speeding Ticket... Read more »

H. Scott Aalsberg Esq. answered on Sep 20, 2017

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.

1 Answer | Asked in Intellectual Property for Delaware on

Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?

Patents 20160051891; 20150339042; 9098969; 20140378199; 20060202671

Griffin Klema answered on Sep 17, 2017

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com

1 Answer | Asked in Real Estate Law for Delaware on

Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

One property includes our residence. The other one is farmland he just inherited.

Vincent Gallo answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.

1 Answer | Asked in Collections and Probate for Delaware on

Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my... Read more »

Kenneth V Zichi answered on Aug 23, 2017

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...
Read more »

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on

Q: How can I optimize a sale of business assets when the business is no longer in good standing?

In 2015, friends and I started a business. We allocated shares, and set up a vesting schedule. In 2016, we decided to allow the business license (Delaware) to lapse and operate with funds from an existing LLC business I own, however, the other partners do not benefit from the LLC business.... Read more »

Jonathan R. Roth answered on Aug 14, 2017

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... Read more »

1 Answer | Asked in Car Accidents for Delaware on

Q: I was a passenger in a rental car that was in a non at fault accident and have bad back pain.

My friend purchased extra rental insurance. Do I have a claim for pain and suffering?

Peter N. Munsing answered on Aug 6, 2017

Yes. Contact a member of the Delaware Assn for Justice like Thomas Crumplar. Tell him I suggested you call.

1 Answer | Asked in Copyright for Delaware on

Q: Looking to use photo memes in a free video game. Is this breaking any laws?

Will Blackton answered on Jun 29, 2017

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.... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on

Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

I was at a red light, in the right turn lane. My turn signal was on, and I waited for an opportunity to turn right onto the road. Assuming the opening was large enough, I made the turn. I was t-boned on the side of my door within 10 seconds after. I understand that this is my fault, but could the... Read more »

Peter N. Munsing answered on Jun 29, 2017

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...
Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on

Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

spouse went in for open heart surgery 8/2015, walked in and never walked again, he died 2/2017 at a long term care facility. Many complications during surgery and afterwards, finally after year of hospital stay went to rehab, vent dependent, then trach was changed during a brief visit to hospital... Read more »

Peter N. Munsing answered on Jun 9, 2017

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... Read more »

1 Answer | Asked in Estate Planning for Delaware on

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

Kenneth V Zichi answered on May 29, 2017

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...
Read more »

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on

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

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... Read more »

Robert C. Collins II answered on May 11, 2017

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... Read more »

1 Answer | Asked in Personal Injury for Delaware on

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

I don't have insurance now and I'm ok to work. But I'm not comfortable going over the road and that's all the company has and I don't want to risk my health. And I no longer have health insurance.

Peter N. Munsing answered on Mar 7, 2017

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on

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

Ben F Meek III answered on Feb 20, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Delaware on

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

David Holloway answered on Feb 1, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Delaware on

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

David Holloway answered on Feb 1, 2017

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... Read more »

2 Answers | Asked in Business Law for Delaware on

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

Can a minority shareholder, a privately held company, be liable to the individual whose Company was majority shareholder - in a Delaware LLC that has been sold? The individual is not a member of the LLC. Another company of his is. The Company has been sold. He could not sue prior to the sale,... Read more »

Michael David Siegel answered on Jan 27, 2017

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.

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1 Answer | Asked in Landlord - Tenant for Delaware on

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

I'm in Delaware.

Brian Lehman answered on Jan 22, 2017

"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...."

1 Answer | Asked in Personal Injury for Delaware on

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

clothing. Police determined it wasn't his fault. Can He collect damages for his truck from the victims insurance or estate

Peter N. Munsing answered on Dec 31, 2016

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... Read more »

1 Answer | Asked in Business Formation for Delaware on

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

What would be the consequences for failure to give such notice?

Michael David Siegel answered on Nov 2, 2016

This is entirely a question of DE law. Call a DE lawyer.

1 Answer | Asked in DUI / DWI for Delaware on

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

Paul Stanko answered on Oct 15, 2016

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.

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