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District of Columbia Questions & Answers
1 Answer | Asked in Probate for District of Columbia on
Q: How do I formulate a disclaimer for a particular bank account that is moved to probate (Washington, DC)

Example: xyz account with 10,000 is transferred to the estate account.

I want to disclaim the xyz account for myself, but the remainder of the estate

should still get distributed according to the intestate rules.

How do I properly formulate this so that it is accepted by the probate court

Richard Sternberg
Richard Sternberg
answered on Feb 28, 2018

It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.

1 Answer | Asked in Child Support for District of Columbia on
Q: My fiancé is on child support from a previous relationship. Once we are married will I be effected of his child support

When becoming his wife will I be effected of my husband child support.will it come from my paycheck since I am his spouse?he is paying it off but he is behind

Mark Oakley
Mark Oakley
answered on Feb 28, 2018

No, you will never be legally obligated to pay his support obligations, and none of your personal assets, including bank accounts or wages, may be attached to pay any past due support he owes. However, you may wish to keep your bank account titled separate from his to avoid a risk that the account... View More

1 Answer | Asked in Real Estate Law and Tax Law for District of Columbia on
Q: We had to sell our house before the bank foreclosed on us. Do we have to pay taxes on it?
Richard Sternberg
Richard Sternberg
answered on Feb 26, 2018

If taxes are due, yes. But, that will rarely be the case. See a qualified CPA or lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for District of Columbia on
Q: Can an inmate file for a protection order if his accuser is harassing him?

My son was found guilty and sent to jail because of his accuser testimony. After he was sent to jail the woman kept scheduling visit to come see him just to block others from coming. She kept sending letters and messages to different family member of his. She has even tried to have all of my mail... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2018

Consult a criminal law attorney about the letter claiming she lied to get him convicted. There may be something that can be done regarding his case. There is also basis to file a protective order or maybe even criminal charges for harassment, and in your case, criminal forgery and interference... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: If a judge throws out a criminal conviction, can a prosecuting attorney request and go forward with the re-trial?
Mark Oakley
Mark Oakley
answered on Feb 21, 2018

Depends on the basis the judge “threw out” the conviction. You provide insufficient facts.

1 Answer | Asked in Child Support for District of Columbia on
Q: Do I still have to pay child support if my child how is 18 and now lives with me full time.

My ex and I share joint physical custody and I pay child support, health care and everything else a parent should do. When our son turned 18 he chose to live with me full time . Will DC courts order a termination of support payments to my ex?

Mark Oakley
Mark Oakley
answered on Feb 19, 2018

Turning 18 usually does the trick, but you need to look at your child support order and take it to a lawyer. If child support is still due under the order or by law (such as your child has not yet graduated fro high school and support is due until graduation in May) then you will need to file a... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for District of Columbia on
Q: Can I take my aunt to court for a equal share of the sale of the house and bank accounts?

...

Mark Oakley
Mark Oakley
answered on Feb 13, 2018

Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need... View More

1 Answer | Asked in Elder Law for District of Columbia on
Q: I like to know if there is an attorney in Washington, DC that handles abuse of power of attorney type cases
Mark Oakley
Mark Oakley
answered on Feb 13, 2018

Any estates and trust lawyer, many family law attorneys, guardianship lawyers, and civil litigators, can handle such matters, depending on the nature of the abuse of the POA. Essentially, it is a breach of fiduciary duty to use a POA for purposes other than the best interests of the principal, and... View More

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Q: Minors Formalizing a Common-Law Marriage in the District of Columbia

My common-law husband and I have cohabitated together outside of Washington D.C. and been together for almost a year. We present each other as husband and wife and we would like to formalize our marriage by having it recorded so that it is recognized in other states. We are both under eighteen, so... View More

Mark Oakley
Mark Oakley
answered on Feb 13, 2018

You cannot establish a common law marriage in DC unless you have been living in DC and meet all the requirements for establishing the marriage in DC. You state you have been living together outside DC--that will not qualify, unless you are in a jurisdiction that recognizes common law marriage.... View More

1 Answer | Asked in Child Support for District of Columbia on
Q: I live in Virginia but my ex husband live in dc can i file for child support in dc
Mark Oakley
Mark Oakley
answered on Feb 13, 2018

File where you and your child lives. Your ex will be compelled to respond there, or if you file with the Office of Child Support Enforcement in your location, he can respond to his local OCSE which will process the matter in coordination with your local OCSE.

1 Answer | Asked in Real Estate Law, Contracts and Construction Law for District of Columbia on
Q: WHAT TYPE OF LAWYER DO I NEED TO SUE A GENERAL CONTRACTOR FOR STEALING 22K FROM ME AND DOING NOTHING TO MY PROPERTY?

ALREADY FILED A COMPLAINT WITH DCRA AND UNSUCCESSFULLY WAS NOT ABLE TO OBTAIN MY MONEY BACK EVEN TRIED MPD WITH NO SUCCESS. I WAS ADVISED BY MY INVESTIGATOR FROM DCRA TO PURSUE LEGAL ACTION AND GET BACK TO HER SO THEY COULD POSSIBLY TAKE HIS LICENSE. I NEED A LAWYER BECAUSE HE HAS DONE NOTHING TO... View More

Mark Oakley
Mark Oakley
answered on Feb 8, 2018

Unfortunately, unlike Maryland's MHIC, the DCRA does not have a proactive investigatory and civil enforcement arm to it, and there is no insurance fund for consumers to claim against in the event a licensed contractor fails to perform a home improvement. Homeowners in DC are left to sue on... View More

1 Answer | Asked in Business Law and Mergers & Acquisitions for District of Columbia on
Q: Should we merge our companies or just change the name?

We have two different companies that basically do the same business. 1 partner is the sole owner of Company A and a 30% owner in company B. He wants to merge Company A into B and do business under Company B. The reason is because Company B is a construction company and we want to use the... View More

Pawnee A. Davis
Pawnee A. Davis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2018

Changing the name would have no effect. So, I would advise you make the businesses one business. You have not said what type of business Company A is. But should they have the same or similar purposes it should be fine. However, I do urge you to consult with an attorney so that he or she can get... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: If someone got in a fight and threw something and it hit someone else what’s the punishment if the person press charges?
Mark Oakley
Mark Oakley
answered on Jan 23, 2018

It's an assault. Depending on the seriousness of it, which may depend on the nature of the object, it could be charged as a felony.

1 Answer | Asked in Probate for District of Columbia on
Q: If some will a house to you and it has to go through probate will the judge put the house in your name?

And if not how much will it cost to get the house in your name?

Richard Sternberg
Richard Sternberg
answered on Jan 18, 2018

No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of... View More

Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... View More

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Q: Should I seek an attorney before allowing CPS to question my son??

Hello,

recently I was notified by my son's school prinicipal that a parent had filed a sexual assault charge against my 7 year old son. The information as to the details of the case was very limited and she gave no information aside from the fact that he was named and that she would be... View More

Sean R Hanover
Sean R Hanover
answered on Dec 27, 2017

Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that... View More

2 Answers | Asked in Employment Law for District of Columbia on
Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

she wants us to pay $10000 for it.

However, there was an agreement on the amount of her wage because our employee wanted the paycheck in cash. We do have the recording of it, and I just wanted to know if there is anything we could do in defense.

Jonathan C. Puth
Jonathan C. Puth
answered on Dec 22, 2017

An employer may not get out of legal requirements to pay minimum wage and overtime by agreement with employees.

View More Answers

1 Answer | Asked in Immigration Law for District of Columbia on
Q: B1/B2 travel with approved I-140, how to convince CBP of non-immigrant intent?

I have an approved I-140 petition and a valid tourist visa. How can I travel to the US temporarily to take CPA exams, and take care of my affairs while I'm there. I intend to return but I also understand that a CBP officer can and will question my intent so how do I convince the officer that I... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 13, 2017

As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay outside the US if I am a Green-card holder?

My husband and I have the Green card which we obtained in April 2017 and will expire in 2027. I cannot leave Jordan right now and live permanently in the US because I have a mother with Alzheimer's back home whom I'm taking care of. We came to the States in April 2017 and again in... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 15, 2017

Any trip outside the US every six months is a break of continuous presence. In addition, you must show be physically present in the US for at least half of the 5 years prior to applying for citizenship.

Even if you obey these rules, you run the risk of losing your permanent residency by...
View More

1 Answer | Asked in Trademark for District of Columbia on
Q: Revive or refile?

I would like to revive a trademark that I abandoned, but I would like to change the ownership as well as my partner is no longer with the business. And it was a messy breakup, so I would like to avoid involving them if I can. Would it be better for me to re-apply for this trademark under different... View More

Michael Gerity
Michael Gerity
answered on Nov 8, 2017

The timeline for reviving an abandoned trademark is really quite short (generally only 2 months if you received the notice and a max of 6 months if you didn't, unless you can show that the abandonment was due to a PTO error). How long ago was the prior mark deemed abandoned? If it is still... View More

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