Vermont Q&A by Practice Area

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  • Patents (Intellectual Property)
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Vermont Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Vermont on
Q: How long should a Premises Liability claim response take. Claimant suffered TBI from slip and fall

Business sign/ fixed awning not cleared of ice and snow caused sidewalk hazard combined with irregular cement placement of sidewalk.

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Vermont attorney could advise best, but your question remains open for two weeks. If you mean a response in terms of a basic acknowledgement, that could take several days or a couple of weeks. The carrier could request additional information to verify the claim. If you mean a response in the... Read more »

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Vermont on
Q: Can I use the song “ Who let the dogs out” for my pet supplies website?
N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

If you'd like to use someone else's song, you should request permission and pay the required fee. Otherwise, using a song for commercial purposes without permission can constitute infringement, which usually costs the infringer exponentially more than the fee. If needed, you should... Read more »

1 Answer | Asked in Car Accidents for Vermont on
Q: Hello, Back in Dec I went off the road in nh on a sat. Mon I called it was he was to busy call back tom. Tues same

Wed bill $3715.02. Also he towed to Vermont which is opposite direction I live. Happened in Jefferson NH and towed 15 miles to Lunenberg VT. What can I do? I asked about payment plan-NO He told me only deal is sign title and give him 1800 in cash.

Matthew Newborn
Matthew Newborn
answered on Mar 13, 2023

I'm sorry to read that this happened to you. Do you have automobile insurance? Have you submitted a claim? You should ask for an itemized list of all the charges. If it's a case of predatory towing, you may want to contact your Attorney General's office &/or the Department of Consumer Affairs.

1 Answer | Asked in Estate Planning and Real Estate Law for Vermont on
Q: Can an estate executor force an heir to sell their share of real estate?
Nina Whitehurst
Nina Whitehurst
answered on Mar 27, 2022

The answer to your question is yes and no. Yes, either of your sisters could GO TO COURT and force A SALE of the property. So, no, neither of them can force you to sell without obtaining a court order. But, yes, they could obtain a court order and force a sale of the property. So, knowing that,... Read more »

2 Answers | Asked in Immigration Law for Vermont on
Q: Hi, I'm an Au pair and my boyfriend asked for my hand in marriage. I'll finish in May. Should we get married before?

The DS 2019 finishes in May 8th. However, I'll have my visa until Abril 14th. When should we get married?

Kevin L Dixler
Kevin L Dixler
answered on Jan 21, 2022

Get married when you’re both ready.

Seek more legal advice from a competent immigration attorney before you both make a decision as to how to process before there are any other complications.

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1 Answer | Asked in Probate for Vermont on
Q: If next of kin,on medicaid, not employed, gets a house thru probate, will they lose their ability to keep medicaid.
Nina Whitehurst
Nina Whitehurst
answered on Dec 1, 2021

This is a common problem. An individual qualifies for Medicaid and receives an inheritance. Yes, the inheritance will very likely disqualify the individual for Medicaid if he or she or her legal representative does not act quickly. There are things that can be done to mitigate this situation.... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Vermont on
Q: Vermont. Three siblings. One won't attest to a will filed in Windsor county. How to proceed?
Glenn A. Jarrett
Glenn A. Jarrett
answered on Nov 1, 2021

If the will was signed with a self-proving affidavit, no witness is required. If not, one witness needs to testify in court that the decedent signed the will freely and voluntarily, appeared to have capacity to sign the will and no one coerced the decedent to sign the will.

1 Answer | Asked in Personal Injury for Vermont on
Q: How do I file a case against them . My daughter and I have lose hair and scalp is flaking bad.
Tim Akpinar
Tim Akpinar
answered on Jul 30, 2021

A Vermont attorney could advise best, but your post remains open for three weeks. It sounds like you are contemplating legal action in connection with a product. You could research online whether there are law firms handling cases involving similar results with the same product(s). If it was... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Vermont on
Q: If author assigns copyright to publisher for royalty, who is responsible for protecting copyright against infringement?

Assigned copyright to publisher in 1975 in exchange for 8% royalty. Publisher sold for a few years then stopped. 1990, someone in the next town starts publishing the work, claiming they created it, same name, colors, images, context. Has been publishing it since. Quite successful. Author just found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 26, 2021

Check the contract.

In some places you can recover the copyright after 35 years.

You should consult with an attorney.

Typically both parties have the right to defend the copyright.

Depending on the contract, it may not be an obligation for the licensee to sue or protect the copyright.

2 Answers | Asked in Car Accidents for Vermont on
Q: What happen if a driver is in a hit and run no damage is done to the car that was hit the car stopped but the other didn

what happens if a driver is in a hit and run, no damage is done to the car that was hit, very minimal damage is done to the car that hit the other car. When the driver stopped the car that was hit did not stop, and now people are looking for the driver of the car that hit the car

Tristan  Larson
Tristan Larson
answered on Feb 23, 2021

Generally, if no damage is done and no one is injured, there's not much more to do in this circumstance. Vermont requires that drivers report crashes though if there is $3,000 worth of damage or someone is injured. Even if the damage is less than that, the at-fault driver's insurance... Read more »

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2 Answers | Asked in Personal Injury and Workers' Compensation for Vermont on
Q: Fell through makeshift floor vent injuring my knee. Was working at a residence. Unsure who's responsible or what to do.

Fake cold air vent. Something makeshift.

Richard T. Cassidy
Richard T. Cassidy
answered on Jan 5, 2021

Your question doesn't tell us enough to answer it.

First, we need to know who owned and/or controlled the place where you were injured.

Second, we need to know why you were on the premises and what your status on there was.

Where you a tenant of the premises?...
Read more »

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1 Answer | Asked in Bankruptcy for Vermont on
Q: Filing Chapter 7 in Vermont and just approved for student loan refund is this protected?

I am currently filing chapter 7 bankruptcy via the internet through Upsolve and to keep the story short I was charged out of state tuition for two semesters totaling just over $10,000 maxing out my loans for the school year so I can not return until fall next year without out of pocket pay. I was... Read more »

Thomas C. Rollins, Jr.
Thomas C. Rollins, Jr.
answered on Nov 20, 2020

If you are holding this money in your bank account or as cash then it usually will not matter what the funds represent. You must even disclose the fact that you are owed the money even if school is still holding the money.

While these funds represent your tuition money from your...
Read more »

1 Answer | Asked in Collections for Vermont on
Q: An old friend she owes me money been so far almost over 2yers And she still avoids and running away

I have the txt and our conversations when she used to ask and when I used to give her and last txt she said to me she’s trying but she won’t it’s I have feelings she’s just try to have me forget abd running away instead of pay me back

Tristan  Larson
Tristan Larson
answered on Aug 3, 2020

You may have to sue your friend - small claims if its $5k or less is fairly simple. Keep those text messages and defiantly print them out when you go to the hearing along with all the other non-related texts between you.

1 Answer | Asked in Family Law for Vermont on
Q: How do I convince an attorney to represent me in a complex case that requires faith?

I just want to file a request for a protection order

Tristan  Larson
Tristan Larson
answered on Aug 3, 2020

You can file for a protective order (a relief from abuse order in family court) without a lawyer. The important thing is to write out an affidavit carefully that includes why you are in fear for your physical safety. Forms are available at the courthouse or at the judiciary website.

1 Answer | Asked in Medical Malpractice for Vermont on
Q: Can my dentist refuse to see me because of a review I wrote?

A little over a yr ago I had to have some dental work done at Cloud dental in St. Albans. The procedure was was anything but desirable. It started off with being demanded to produce a pregnancy test before I could have any work done, even after I explained that I had had a hysterectomy yrs prior.... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2020

A Vermont attorney could advise best, but your question remains open for a month. As a general matter, doctors or dentists are free to choose who they treat. There are exceptions to this premise under a doctor-patient relationship. And there are settings where a third-party relationship where a... Read more »

1 Answer | Asked in Tax Law for Vermont on
Q: How would I go about fixing a non filing for a few years issue?

I have been in a dark place for about 15 years now and just haven't filed. I know that I am facing fines as well as an audit. that being said what can I expect and how harsh can these fines be? I really do need to take care of this issue. Been heavy on my mind for a few years.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 13, 2020

You should start with a consultation with a tax attorney. Just stay away from the places you see advertised on TV. You do not want to just start filing returns. If you were not entitled to a refund you will be assessed several penalties as well as interest. Working with a tax attorney will... Read more »

2 Answers | Asked in Personal Injury and Products Liability for Vermont on
Q: I need to know how much my claim is worth

My cup ashtray caught on fire, nearly giving my husband a heart attack, and burning both our fingers. he is on ssi for a panic disorder. We called dollar tree who said their claim department would contact us. I was wondering with a fire and a mental disorder involved how much should I ask for?

Peter N. Munsing
Peter N. Munsing
answered on Dec 10, 2019

mental distress claims are really difficult and technical. Contact some injury attorneys and get an estimate. If you didn't get medical treatment the answer is very little at all.

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1 Answer | Asked in Libel & Slander and Medical Malpractice for Vermont on
Q: What about falsifying medical records

Doctor knew the information was false but still didn’t remove it which is also libel

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2019

It could be libel. It depends on the substance and context, which could mean the difference between mere medical inaccuracy and damage to one's character and reputation. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents for Vermont on
Q: i'm a minor, I was wondering if i just won money from a law suit how can I make sure nothing gets stolen from my family.

I was left out of most conversations about where my money was put into. And pretty much all conversations about my lawsuit that was settled. This specific lawsuit took 2 years too finish.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2019

Someone was representing you and has a fiduciary duty to you. They must explain, give you documentation. An attorney has additional duties.

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1 Answer | Asked in Probate for Vermont on
Q: Maine: A relative dies intestate. No one files probate. Then what?
Nina Whitehurst
Nina Whitehurst
answered on Aug 20, 2019

There won't be a probate until someone steps up and petitions to be appointed executor of the estate.

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