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answered on Dec 30, 2024
The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More 
answered on Dec 27, 2024
The time to receive an office action ("pendency") depends on the subject matter of the patent application and the Art Unit it is assigned to. That being said, the average pendency to the first office action as of November 2024 is 20.2 months, so your time frame is starting to be an... View More
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answered on Dec 29, 2024
Your case should be scheduled for an arraignment, at which time the judge will set a trial date and either appoint a public defender to represent you or inform you of your right to hire a lawyer. Like many types of cases, DUI cases are very fact-specific and your culpability will depend on a few... View More
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answered on Dec 26, 2024
Yes. § 46.2-1010 and § 46.2-1011 cover the need for two functioning headlights, and as they are not designated as secondary offenses an officer can pull you over for a violation. By comparison, several statutes in the Code governing brake lights, seat belts, and some other minor infractions... View More
answered on Dec 16, 2024
There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More
Hello, I met with an attorney and was told I qualify for a Chapter 7. I have very few assets, I took out a lot of personal debt when trying to start a failed software business. I have closed that business and the attorney mentioned disclosing the apps that I released as assets.
Let’s say... View More
answered on Dec 12, 2024
The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a... View More
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answered on Dec 6, 2024
There is no statute of limitations for felony offenses. That being said, it may be difficult to convince an investigator or the Commonwealth's Attorney's Office to charge someone depending on the length of time that has elapsed since the incident(s) you reference. That will depend on the... View More
Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.
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answered on Dec 3, 2024
Grandparents do not have automatic visitation rights in Virginia. They must petition the court if they are being denied visitation by the child's parent. I would think that such a petition would fail, given the charges against him. The legal standard in a criminal case is different, and so an... View More
We closed on a new home mid July. We allowed the sellers to stay in the house until September. Upon moving a piano the movers severely damaged the floors. Estimates that we have received by hardwood floor companies state in order to restore the floor to what it was requires complete replacement.... View More
answered on Nov 15, 2024
Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.
This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close,... View More
I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More
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answered on Nov 12, 2024
Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More
I live 10 minutes away from my school. I’m going to park in a neighborhood that my friend lives in and infront of there house so I can avoid traffic. I have permission to park infront of there house but there is a sign that says “2 hour parking Monday-Friday 9-2PM” across from his house on an... View More
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answered on Nov 11, 2024
The Henrico County Code of Ordinances governs these situations, but is vague about signage. The Ordinance refers to parking being prohibited simply in "any place where official signs prohibit parking" and so it's guesswork without knowing the area and how the signs appear. Do any... View More
When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More
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answered on Nov 6, 2024
Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More
Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.
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answered on Nov 11, 2024
You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More
No house or vehicles. Just furniture, life insurance worth $60,000, bank account approx $3,000, liabilities approx $3,000. I am one of three executors in South Africa, Ireland, and the US respectively. One of us will be travelling to the US at whenever seems the best time.
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answered on Nov 1, 2024
My condolences on the passing of your friend or family member. One of the primary purposes of creating a revocable living trust is that the trustmaker can dispose of assets upon his/her death and avoid probate. In order to successfully by pass probate, (1) the trust must have been valid and (2)... View More
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answered on Oct 31, 2024
Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More
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answered on Nov 1, 2024
This sounds like a speeding camera ticket. For these, no points are assessed against your driver's license and no report is made to the DMV or your insurance provider; however, they are still allowed to demand that you pay a civil penalty. To be sure, you could consult with a lawyer in your... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 29, 2024
It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
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answered on Oct 30, 2024
That sounds like you have alot of discretion on accepting the surveyed corners or not. However if you notify the seller of non-execution, then he can still sue you for specific performance. In Court you would test your lack of satisfaction. But such a suit is usually unlikely.
On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More
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answered on Oct 29, 2024
If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More
No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?
I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More
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answered on Oct 30, 2024
Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More
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