Virginia Questions & Answers by Practice Area
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Virginia Questions & Answers
Q: How does the process work if it 4 kids both parents passed and the house had a lien one of the children paid it off
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Probate
for
Virginia
on
Answered on May 29, 2017
Answered on May 29, 2017
Richard Sternberg's answer
This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.
This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.
Q: If I was age 11 in a car accident. Would money be put in a trust. I am mid 30 now. Is it still available for me.
Jan F Hoen's answer
If there was a substantial settlement while you were a minor, there should have been a hearing for court approval of the settlement. Your parents/guardians would have been notified. The court may have appointed a guardian for you.
Check with the circuit court clerk's office. That is where the funds would have been held in trust until you became an adult. They should still be there and can now be released to you.
If no settlement occurred, it is too late to make a claim now.
If there was a substantial settlement while you were a minor, there should have been a hearing for court approval of the settlement. Your parents/guardians would have been notified. The court may have appointed a guardian for you.
Check with the circuit court clerk's office. That is where the funds would have been held in trust until you became an adult. They should still be there and can now be released to you.
If no settlement occurred, it is too late to make a claim now.
Q: If you are 13 and rape someone that is 13 also can you be charged?
1 Answer
| Asked
in
Criminal Law, Juvenile Law and Sexual Harassment
for
Virginia
on
Answered on May 24, 2017
Answered on May 24, 2017
Q: I have a judgement against someone called a warrant in debt. It was issued in 2003. Can I still collect?
F. Paul Maloof's answer
The answer is "it depends." In Virginia, a judgment on a warrant in debt is good for 10 years in the General District Court. If you recorded a certified copy of the judgment abstract for a small fee of $10.00 in a Circuit Court in Virginia, the judgment's life will be 20 years in the Circuit Court.
The answer is "it depends." In Virginia, a judgment on a warrant in debt is good for 10 years in the General District Court. If you recorded a certified copy of the judgment abstract for a small fee of $10.00 in a Circuit Court in Virginia, the judgment's life will be 20 years in the Circuit Court.
Q: I have received notice that I am able to claim a portion of a wrongful death settlement. The suit was filed my my step
Peter Munsing's answer
You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
You should at least talk to the attorney about the proposed division, get something in writing, if you aren't sure then go to the hearing. He was your dad and it may bring you a bit of closure. End of the estate!
Q: My 3 kids dad passed away with out a will well none found the wife is being greedy and wanting everything what can I do
Dr Kenneth V Zichi J.D.'s answer
If there is no will then the state he lived in's intestacy rules will apply, and MOST states give a large portion of assets remaining to a surviving spouse. You'd need to have more specific information about both how any property was titled (if it is joint with his current spouse then she gets it outside of probate) and also how much there is (if it is below the exemption amount then the spouse again gets everything.
The ONLY way to have changed this would have been if he left a...
If there is no will then the state he lived in's intestacy rules will apply, and MOST states give a large portion of assets remaining to a surviving spouse. You'd need to have more specific information about both how any property was titled (if it is joint with his current spouse then she gets it outside of probate) and also how much there is (if it is below the exemption amount then the spouse again gets everything.
The ONLY way to have changed this would have been if he left a...
Q: I ran a background history on myself and found a reckless driving ticket in absentia va from 2006? What should I do
Gary D. Godman's answer
If you found a reckless driving conviction from 2006 in Virginia, it's likely there is nothing you can do at this point. If, for some reason, you believe you never received a ticket from this incident or there is a possibility of mistaken identity or identity theft, there is a slight possibility the charge could be overturned. One problem is that many courts destroy traffic records over 10 years old. Consider calling a traffic/criminal defense attorney in the county/city where it shows you...
If you found a reckless driving conviction from 2006 in Virginia, it's likely there is nothing you can do at this point. If, for some reason, you believe you never received a ticket from this incident or there is a possibility of mistaken identity or identity theft, there is a slight possibility the charge could be overturned. One problem is that many courts destroy traffic records over 10 years old. Consider calling a traffic/criminal defense attorney in the county/city where it shows you...
Q: My ticket has no case number and couldn't find it in the court website too. do i still need to attend my court hearing?
Gary D. Godman's answer
You should go to court on the date and time you were summonsed. It is possible the ticket has not been processed into the system yet. If you do not appear, you will not be able to fight the ticket. If you show up and it is not called, then you can speak to the clerk to find out what is going on.
You should go to court on the date and time you were summonsed. It is possible the ticket has not been processed into the system yet. If you do not appear, you will not be able to fight the ticket. If you show up and it is not called, then you can speak to the clerk to find out what is going on.
Q: What can be done with the assets of a person with a TIN# income tax up to date (home, car, bank acc) before deportation
Gary D. Godman's answer
A person in danger of removal/deportation can execute a power of attorney to allow another trusted person to manage his or her affairs if forced to leave the country. It is also possible to execute documents to provide for the care of children. This is a hot topic with immigration attorneys right now. Consider helping this person reach out to an immigration attorney who is licensed in Virginia in order to draft a power of attorney.
A person in danger of removal/deportation can execute a power of attorney to allow another trusted person to manage his or her affairs if forced to leave the country. It is also possible to execute documents to provide for the care of children. This is a hot topic with immigration attorneys right now. Consider helping this person reach out to an immigration attorney who is licensed in Virginia in order to draft a power of attorney.
Q: How is an attorney able to get a traffic ticket either dropped, or reduced for a client in a criminal defense case?
Gary D. Godman's answer
There are three factors here: the lawyer's knowledge of the local court and prosecutor, the client's driving history or criminal record, and the specific facts of the case. A lawyer who is familiar with the usual outcomes in a certain court could help reduce a severe charge. A client with a clean record gives any attorney something to use to argue for a lower charge/dismissal. If the case is particularly severe and the evidence is strong, even an experienced attorney or a client with a...
There are three factors here: the lawyer's knowledge of the local court and prosecutor, the client's driving history or criminal record, and the specific facts of the case. A lawyer who is familiar with the usual outcomes in a certain court could help reduce a severe charge. A client with a clean record gives any attorney something to use to argue for a lower charge/dismissal. If the case is particularly severe and the evidence is strong, even an experienced attorney or a client with a...
Q: I just married a woman who came here originally on a pol asylum visa which is still in the works. Can we just ...
Gary D. Godman's answer
It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that office would be a good place to start.
It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that office would be a good place to start.
Q: I I have a permanent partial disability he and workers comp payments or by weekly and it's been going on since 2002.
Jerry Lutkenhaus' answer
You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a Virginia workers compensation claim?
You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a Virginia workers compensation claim?
Q: My mother passed she still owes on mortgage ex husband name is on the loan but not on deed I'm her only heir can
Richard Sternberg's answer
I can't imagine how he got to closing if he wasn't on the deed and wasn't the husband, but you need a lawyer now. Let me guess: was the mortgage "upside down," i.e., she owed more than the house value?
I can't imagine how he got to closing if he wasn't on the deed and wasn't the husband, but you need a lawyer now. Let me guess: was the mortgage "upside down," i.e., she owed more than the house value?
Q: Does a landlord who lives in CA but rents a property in VA have to appear in VA small claims if sued by the tenant?
F. Paul Maloof's answer
If an individual files the lawsuit in that specific person's name, that specific person must appear in court to prove their case. If the specific person does not appear in court, the other party to the lawsuit can ask teh court to dismiss the case. Only a lawyer can appear on behalf of a specific person in the lawsuit in court.
If an individual files the lawsuit in that specific person's name, that specific person must appear in court to prove their case. If the specific person does not appear in court, the other party to the lawsuit can ask teh court to dismiss the case. Only a lawyer can appear on behalf of a specific person in the lawsuit in court.
Q: How long may a guest stay before they are considered a tenant under VA law?
F. Paul Maloof's answer
I have never heard of the 14 day rule in the Code of Virginia. The intent of the person who is the guest and the tenant who is on the lease will generally indicate whether the additional person is a guest or a tenant. Also, the lease may provide for who are "authorized tenants" that are not named in the lease as an actual tenant.
I have never heard of the 14 day rule in the Code of Virginia. The intent of the person who is the guest and the tenant who is on the lease will generally indicate whether the additional person is a guest or a tenant. Also, the lease may provide for who are "authorized tenants" that are not named in the lease as an actual tenant.
Q: If a bag of illegal contents is found away from a man in a public place, how can one person be charged with possession
Ali John Amirshahi's answer
Is this a follow up to the last question?
The answer is- they can be charged, but it's harder to prove.
For example if the person charged's ID is in the bag of "Illegal contents" the police may try to charge the person.
I think they would need something more than that- perhaps they have evidence that the person was seen with the bag, or just left the area and no one else
Is around. Hire an experienced attorney. There are too many variables here.
Is this a follow up to the last question?
The answer is- they can be charged, but it's harder to prove.
For example if the person charged's ID is in the bag of "Illegal contents" the police may try to charge the person.
I think they would need something more than that- perhaps they have evidence that the person was seen with the bag, or just left the area and no one else
Is around. Hire an experienced attorney. There are too many variables here.
Q: How can one be charged with possesion,Without actually being in possesion of somthing.
Ali John Amirshahi's answer
Good question.
Possession can sometimes be proven when the government can prove dominion and control combined with exclusive access even though it's not immediately available.
Example- a large amount of drugs in the trunk of car, defendant has keys to car, no one else has access and defendant admits drugs are his. That would be enough for possession even though the defendant might be in the car at that moment.
Good question.
Possession can sometimes be proven when the government can prove dominion and control combined with exclusive access even though it's not immediately available.
Example- a large amount of drugs in the trunk of car, defendant has keys to car, no one else has access and defendant admits drugs are his. That would be enough for possession even though the defendant might be in the car at that moment.
Q: Did the house seller violate any law by not installing a water heater according to the specification of the heater?
F. Paul Maloof's answer
Your questions depends on what was stated in the real estate purchase and sale contract. If the terms of the written contract obligated the seller to install an electric panel that conformed to the specifications of the newly installed water heater, you may have a good claim. If the contract was silent on that issue, you may have a weakness in your claim. Also, if the contract stated the house was sold "AS IS", the well established doctrine of "Buyer Beware" will place the burden on you to...
Your questions depends on what was stated in the real estate purchase and sale contract. If the terms of the written contract obligated the seller to install an electric panel that conformed to the specifications of the newly installed water heater, you may have a good claim. If the contract was silent on that issue, you may have a weakness in your claim. Also, if the contract stated the house was sold "AS IS", the well established doctrine of "Buyer Beware" will place the burden on you to...
Q: Could a porn addiction be grounds for divorce in the state of Virginia?
Gary D. Godman's answer
I'm guessing I am the person who answered your initial question, but let me expand my answer a bit. This is not likely to be sufficient grounds for divorce in Virginia. Code section 20-91 (link below) lists the grounds for divorce, and the grounds relating to abuse are:
"Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year...
I'm guessing I am the person who answered your initial question, but let me expand my answer a bit. This is not likely to be sufficient grounds for divorce in Virginia. Code section 20-91 (link below) lists the grounds for divorce, and the grounds relating to abuse are:
"Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year...
Q: My condo is repeatedly flood from above. The damage is minor each time but can I sue to stop the bad behavior?
Richard Sternberg's answer
You are certainly entitled to damages when your neighbor's water escapes into your unit, but the damages would be the repairs and, perhaps, related, proximately caused damages, like replacing incidentally damaged property. If that leaking water somehow killed you, those damages could get fairly serious. But, once they fix the damages, you'd only be entitled to more if it was an intentional trespass. What was the "bad behavior?" It reads that the equipment broke and leaked. Even if it should...
You are certainly entitled to damages when your neighbor's water escapes into your unit, but the damages would be the repairs and, perhaps, related, proximately caused damages, like replacing incidentally damaged property. If that leaking water somehow killed you, those damages could get fairly serious. But, once they fix the damages, you'd only be entitled to more if it was an intentional trespass. What was the "bad behavior?" It reads that the equipment broke and leaked. Even if it should...
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