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Vermont Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?

I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.

T. Augustus Claus
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answered on Sep 15, 2023

Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions... View More

2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 17, 2023

I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation.... View More

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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 13, 2023

Your facts are unclear, and more is needed to give you a reliable answer.

Generally speaking, your mortgage debt should have been listed in your bankruptcy (we assume that you completed the bankruptcy case and got an Order of dismissal). An Order of general dismissal in the bankruptcy...
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1 Answer | Asked in Business Law and Contracts for Vermont on
Q: I built a porch for a customer with the materials she asked for. The porch is already weathering.

I told her I could sand and reseal but could possibly run into the same issue down the road. She asked me to stain it instead. I told her I could do that but would have to charge for staining it as that was not in our original agreement but I could give a discount for the issues arising. She does... View More

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2023

A Vermont attorney could advise best, but your question remains open for four weeks. It could depend on what you may have told her about the sealing or waterproofing qualities of all coatings involved. It's going to be difficult for anyone to answer without knowing more about the discussions... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Vermont on
Q: I live with my ex girlfriend I’m not on lease, she wants to evict Me. Will this follow me?

I’m paying her rent but not on lease. She wants to evict me from apartment legally will the eviction follow me for getting another apartment?

T. Augustus Claus
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answered on Aug 3, 2023

If you are not on the lease and your ex-girlfriend wants to evict you legally, the eviction process may not typically show up on your rental history or credit report, as you were not a party to the lease agreement.

1 Answer | Asked in Federal Crimes for Vermont on
Q: How to prove embezzlement
John Michael Frick
John Michael Frick
answered on Jul 13, 2023

Video surveillance is the gold standard. Hide a pinhole security camera directly above the cash register pointing down to capture video of your employee embezzling from you.

1 Answer | Asked in Medical Malpractice for Vermont on
Q: My mom was misdiagnosed at the ER, and had a stroke a 2 days later. Can/should she file a medical malpractice suit?

My mom went to hospital because she thought she was having a stroke. The doctors said they were gonna do a bunch of tests. The doctors didn’t do any tests, saying they have patients that were sicker than her so they discharged her and dismissed it as an issue related to her other neurological... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 23, 2023

Yes there is a potential case. Another doctor will have to evaluate what was done or not done, review the standard of care, and determine what would have been avoided if there was not malpractice. Consult with experienced medical malpractice attorneys.

1 Answer | Asked in Criminal Law and Military Law for Vermont on
Q: Did Vermont adopt title 10 UCMJ for it's title 32 guardsmen?
James L. Arrasmith
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answered on Jun 18, 2023

No, Vermont has not adopted Title 10 of the United States Code, which includes the Uniform Code of Military Justice (UCMJ), for its Title 32 guardsmen.

Title 32 of the United States Code governs the National Guard when it is not in federal service, while Title 10 governs the National Guard...
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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... View 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 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... View More

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
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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,... View 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
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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.... View 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... View 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... View 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... View 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?...
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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... View 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...
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