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Vermont Questions & Answers
3 Answers | Asked in Car Accidents, Contracts, Personal Injury and Insurance Defense for Vermont on
Q: Can an insurance settlement remain open for future medical expenses from a car accident in Vermont?

I was involved in a car accident where the other driver was at fault, resulting in a head injury for which I'm receiving an insurance settlement. However, I haven't agreed to the settlement yet because it releases the other driver from liability for future medical bills. My neurologist... View More

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Apr 16, 2025

Hi - Unfortunately, it is extremely unlikely that any insurance company would agree to a settlement keeping future medical treatment open. I strongly suspect that will not be an option.

It is always important in situations like this to be able to show the insurance company what types of...
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2 Answers | Asked in Probate, Estate Planning and Contracts for Vermont on
Q: Can an executor deduct expenses before distributing sale proceeds from inherited house?

I inherited a house along with my siblings, and we're all listed on the deed. My oldest brother, the executor, obtained a signed POA for the sale because two of us live out of state. He claims we need to pay for expenses like a dumpster rental, but initially, there were no debts mentioned.... View More

Nina Whitehurst
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answered on Apr 8, 2025

Yes, of course your brother can deduct expenses of fix up and repair and sale before distributing sale proceeds. It would be highly inequitable for you to reap the benefit of those things without bearing any of the burden.

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2 Answers | Asked in Immigration Law for Vermont on
Q: I am on B2 visa currently in the US & was offered a job at a healthcare facility. What is the process in applying EAD?

I would like to consult on how to process work visa, Employment Authorization Document if I have a B2 visa? I am currently here in the US. I also need to ensure my son who’s 15 yrs old will be able to get his SSN and what’s the process for obtaining green card for both of us? He’s also with... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti
answered on Dec 5, 2024

While it is technically possible to apply for a change of status to employment-based status while you are legally on a B-2 visa, there are significant challenges to consider. One important limitation is that your I-94 was likely issued for a specific period, typically six months. Given the... View More

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1 Answer | Asked in Federal Crimes and Constitutional Law for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

James L. Arrasmith
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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

James L. Arrasmith
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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be...
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1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Vermont on
Q: Legal strategies for a Vermont case involving domestic assault accusations with mental health factors involved.

My friend is involved in an ongoing legal case from 2023, where he is accused by his ex-girlfriend of domestic assault, unlawful restraint, aggravated domestic assault, and burglary. These charges arose after he visited her at 4 a.m. to retrieve his dog following their breakup due to her mental... View More

James L. Arrasmith
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answered on Apr 16, 2025

Given the complexity of these charges and the context surrounding the incident, your friend’s legal strategy should focus on establishing the absence of criminal intent and highlighting his actions as driven by concern for someone in crisis. The fact that he was responding to suicidal threats and... View More

1 Answer | Asked in Foreclosure, Consumer Law, Civil Litigation and Real Estate Law for Vermont on
Q: Can I sue my mortgage lender for unlawful foreclosure practices?

I want to know if I can sue my mortgage lender due to unlawful practices undertaken to foreclose on my home. After a COVID forbearance, I was instructed to file paperwork to reinstate my loan. Despite submitting the required documents, bank representatives provided conflicting and deceitful... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you may have legal grounds to sue your mortgage lender if they engaged in deceptive, unfair, or unlawful foreclosure practices. Misrepresenting the status of your loan reinstatement, losing submitted documents, and sending notices to wrong addresses can be strong indicators of bad faith and... View More

1 Answer | Asked in Divorce, Family Law and Public Benefits for Vermont on
Q: How to proceed with legal separation in VT while living together?

I need a legal separation from my wife of 30 years, but we continue to reside in the same home in Vermont. The reason for this action is over 25 years of her infidelity, which I have medical proof of. I suffer from serious health issues including lung transplant rejection with a life expectancy of... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Vermont, legal separation is similar to divorce in terms of property division and other legal aspects, but it allows you and your spouse to remain married while living apart. You can file a petition for legal separation with the court, outlining the reasons for your request and the terms... View More

1 Answer | Asked in Divorce, Tax Law, Contracts and Family Law for Vermont on
Q: Am I liable for unpaid taxes if separated, filed jointly, and spouse doesn't pay share despite written agreement?

I am currently separated from my spouse, and our separation agreement does not address tax responsibilities. We have been filing taxes jointly for the last three years. Recently, my spouse withdrew a substantial amount from an inherited retirement account and did not withhold enough for taxes. They... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're absolutely right to be cautious about this. When you file jointly, the IRS and the Vermont Department of Taxes consider both spouses equally responsible for the entire tax liability, no matter what private agreement you make between yourselves. Even if your spouse signs something saying... View More

1 Answer | Asked in Education Law and Civil Rights for Vermont on
Q: Does a disabled parking placard exempt me from buying a pass at a private college in Vermont?

I attend a private college in Vermont that requires purchasing parking passes to park on campus. I have a disabled parking placard issued by the state of Vermont, which allows me to park in disabled spots without time restrictions. Does my disabled placard exempt me from having to purchase a... View More

James L. Arrasmith
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answered on Apr 7, 2025

Your Vermont-issued disabled parking placard allows you to park in designated disabled spots without time restrictions, but it does not automatically exempt you from purchasing a parking pass at your private college. Private institutions often have their own parking policies, which can include the... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Vermont on
Q: Is the nudity restriction ordinance in St. Albans Town, VT legal?

In St. Albans Town, Vermont, a proposed ordinance restricting nudity on public property has been passed. My concern is that Vermont state law generally allows public nudity with minor restrictions, so it seems questionable whether a lower-level government can enforce stricter exclusions. There are... View More

James L. Arrasmith
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answered on Apr 1, 2025

Vermont stands as one of the few states without a specific state law prohibiting public nudity. Unlike most states, Vermont does not have a law against public nudity, though local ordinances can ban indecent exposure and state laws prohibit lewd and lascivious conduct in public places. This creates... View More

1 Answer | Asked in Consumer Law and Civil Rights for Vermont on
Q: Is it legal for a motel to record audio outside room doors without consent?

I recently found out that the motel where I'm staying uses cameras with audio recording just outside the room doors. There were no signs or notifications about audio recordings, and I did not consent to this when I checked in. My concern is whether they can hear conversations inside the rooms... View More

James L. Arrasmith
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answered on Mar 24, 2025

The legality of audio recording outside hotel room doors varies by location, but generally, areas directly outside your room are considered semi-public spaces where privacy expectations are lower than inside the room itself. However, audio recording typically faces stricter regulations than video... View More

1 Answer | Asked in Immigration Law for Vermont on
Q: Border question

"As a U.S. citizen residing in the States with children living in Montreal, I travel across the U.S.-Canada border every weekend to see them. Given the recent tensions between the two countries, I’m concerned about how these developments might impact cross-border travel. I have a court order... View More

James L. Arrasmith
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answered on Jan 24, 2025

Your concern about maintaining regular visits with your children is completely understandable, especially given your court-mandated obligations. Cross-border travel between the U.S. and Canada remains open, and both countries continue to honor legitimate travel purposes, particularly those... View More

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