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Virginia Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: My older brother has sent my a form to gift over a deed to a timeshare week to him. Do I have to sign this if I object
Michael Hales
Michael Hales answered on Feb 25, 2020

You don't have to. It would probably be a good idea to speak with a timeshare attorney if you're looking for some advice.

1 Answer | Asked in Estate Planning for Virginia on
Q: Name change of beneficiary in will and trust documents.

Can I just make a note in the documents, or do I need to see a lawyer.

Nina Whitehurst
Nina Whitehurst answered on Feb 25, 2020

Definitely see a lawyer! Amendments to wills must be made with the same formalities as were required when the will was made. Most of the time that means two witnesses and sometimes a notary (not always). If you scribble changes in without following those formalities, a court may very well... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia must I give a reason to the tenant as to why I want to terminate a month to month lease with a 30 day notice
F. Paul Maloof
F. Paul Maloof answered on Feb 24, 2020

No reason is required to be given for the termination of a month to month tenancy. Virginia Code § 55.1-1253. (Effective October 1, 2019) Periodic tenancy; holdover remedies provides as follows:

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Does a valid advance parole allow you to enter the U.S. without a valid I-20?

I am an F1 international student who has applied for marriage-based green card. I am set to receive my advance parole soon and I intend to go abroad over the summer. My I-20 expires in May, and the earliest I can get another one from my new school is in July. My f1 expires next year. If I travel... Read more »

Adan Vega
Adan Vega answered on Feb 24, 2020

The advance parole document issued by USCIS will allow you to present yourself at a U.S. port of entry to request entry and admission to the U.S.

CBP will assess at that time if you are admissible to the U.S.

The FORM I-20 may be immaterial if you are not seeking entry as an F-1...
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1 Answer | Asked in Insurance Defense and Estate Planning for Virginia on
Q: My husband was a beneficiary to an insurance policy for his mother. He passed away right before she did.

She was in Va. Who becomes the beneficiary now?

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

It depends on how the beneficiary designation in the life insurance policy was worded. If there is a contingent beneficiary, it would go to the contingent beneficiary. If there was no contingent beneficiary, then it might go to your husband's estate.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get an estimate of a possible sentencing for my friend?

A man a know was recently arrested. He is 19 years old. His charges are currently as follows: Armed burglary entering house with intent to murder/robbery, robbery of a residence with a gun, use of firearm in felony 1st offense, wearing a mask. He has never been in legal trouble before. How many... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

Realistically, he should inquire from his lawyer what time he is potentially facing. Each one of those charges has range of time that is governed by the statute such as Armed Burglary is a Class 2 felony which is twenty years to life as a time of imprisonment. Use of a Firearm in the commission... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Did I break any laws by taking parts from the wrong car at a junk yard?

I found an SUV with a desirable stereo amongst other wrecked cars. During the middle of my part pull they informed me that it was not a junker but a re-po. Remember, no tags, doors unlocked, amongst other junk cars. Did I break any laws?

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

I guess the determination is did you take the parts away from the scene after being informed the car was for repo. Then you have committed crime of theft. You may have excuse for the actual removal of the stereo if you can show that a reasonable person would believe that the SUV was abandoned and... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is it okay for my 15 year old daughter to hang out with a 21 year old as long as there's no sex
Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

You seem to be making the nature of their relationship seem more of a dating relationship than "hanging out" when you bring up sex. There are things that are "not sex" that can be done between someone who is an adult and someone who is a minor (under the age of 18). Especially in the digital age... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: If I got a marijuana possession charge when I was 17 but may not go to court until after my birthday..

Will I be charged as an adult or minor? This is my 3rd posession charge.

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

If the date of offense was before you turned 18, then the case will be in juvenile court. You should definitely seek counsel still however b/c they can sentence you as an adult if you are 18 b/c technically you cannot take advantage of juvenile services. Also it is a third offense so the court... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: We just found out there was a fire in the home we bought. It was not disclosed prior to buying. What's our options?

Prior to buying we checked records for crime and work permits and only found a few permits but nothing major for work completed. AFter moving in and by chance our gas line was being replaced by the city and the worker mentioned the fire. We asked the neighbor and it was confirmed and mentioned it... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 23, 2020

If there is a latent defect, you may have a cause of action, but it needs to be latent, and it needs to be a defect. If there was something wrong with a house, like a fire, and it was fixed, it's not a defect. If you could see it upon diligent inspection, it isn't latent. It sounds like you are... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

Susan Fremit
Susan Fremit answered on Feb 22, 2020

Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: Will I lose my home after filing chapter 7 bankruptcy if I don't owe anything on it and it's worth $65,000?

My home is paid for and worth about $65,000. I need to file chapter 7 bankruptcy on about $60,000 worth of credit card, doctor bill and vehicle debt. My only income is $1,388/month child support. Will I lose my home? I can't afford to move out and rent.

Timothy Denison
Timothy Denison answered on Feb 22, 2020

You may have to file a chapter 13 t protect your home completely. Consult a local bankruptcy attorney who can evaluate your situation and help you retain your home.

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1 Answer | Asked in Child Support for Virginia on
Q: My husband and I separated 9years and I was awarded custodial parent and he was suppose to pay $800 monthly for our 3

Children. It was taken from his check for 1yr and he hasnt paid any since. 2 of our children are over 18now but he doesn't think he should owe me anything because I didn't take him back to court. Is he right? If I'm owed anything how do I go about collecting?

Michael Christopher Miller
Michael Christopher Miller answered on Feb 21, 2020

No, he is not right.

If you have a recent Virginia order, there should be notices required by Va. Code 20-60.3.

"14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall...
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1 Answer | Asked in Adoption for Virginia on
Q: VA stepparent adoption: child 14 never knew bio dad. No support no visitation no contact 14yrs can stepparent adopt?

Bio dad not on birth certificate. No paternity, not on father registry. How can prove abandonment and not need bio signature? Don't want to contact

Michael Christopher Miller
Michael Christopher Miller answered on Feb 20, 2020

Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.

Stepparent petitions for adoption. The bio parent/spouse joins the petition to indicate their consent.

Va. Code § 63.2-1202. Parental, or agency, consent required; exceptions.

Consent is...
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2 Answers | Asked in Criminal Law for Virginia on
Q: How much is it to get a misdemeanor petty theft off your record and can I do it myself or do I need a lawyer

Expungement

Susan Fremit
Susan Fremit answered on Feb 18, 2020

If it is a conviction or dismissal pursuant to a first offender program, you cannot get it off your record (expunged)

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1 Answer | Asked in Real Estate Law for Virginia on
Q: My grandparents had a house built on a property pur hased by one of their 14 kids. That kid sole the property to the

Older kid and the gave the rest some money for it-the house. Grandma was still in the house and so was one of my aunts who helped Grandma. Grandma passed away in 1998 but the older sibling had an arrangement to let my aunt be in the house the rest of her life or till dhe decided to move. The older... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 18, 2020

This is the result when laypeople avoid lawyers by having ambiguous understandings that transcend generations. Without reviewing the title and all correspondence, whether signed and on paper or by email, text, checks exchanged, or otherwise, I don't know what rights your aunt may have. At very... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: My LLC is being sued along with me as an individual. How can I separate the two so I can defend myself?

Basically I've been hit with a frivilous lawsuit from an old advisor who has dragged out the court process long enough to bankrupt me. I'm trying to make it to court so I can get the case thrown out, but since the LLC is attached I can't defend myself. Is there a way to separate myself as an... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 18, 2020

The answer to your question will depend on what is alleged in the lawsuit that was filed against the LLC and against you. There is no general answer like one size fits all.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

2 Answers | Asked in Probate for Virginia on
Q: Can a probate Judge change the deed of distribution. In other words can he change the distribution breakdown.

Change he/she change the percentage on three different properties so all three equal 100% for each person.

Ross Cameron Hart
Ross Cameron Hart answered on Feb 16, 2020

You have not provided any facts in order for us to review your question in context with the estate. Was there a will? What did it say about the property? Were there any other assets distributed other than real estate?

And there is no official named "Probate Judge" in Virginia, but that's...
Read more »

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