a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... Read more »
answered on Jun 7, 2023
The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... Read more »
answered on Jun 7, 2023
It is not “retaliation” in the context of a legal cause of action for retaliation.
You only have a legal cause of action for retaliation when your employer takes an adverse employment action toward you because of your exercise of or participating in another employee’s exercise of... Read more »
answered on Jun 5, 2023
There are really two types of spousal support, temporary and permanent. Temporary spousal support, awarded in the Juvenile and Domestic Relations District Court, or as pendente lite support incidental to a pending divorce case, is based on a formula, the creates a presumptively correct amount.... Read more »
Is there a statue of limitation on how long you been married in order to get an annulment?
answered on Jun 3, 2023
An annulment may be granted in the Commonwealth of Virginia based on a number of different grounds that make the marriage void or voidable, including but not limited to, fraud or duress, prohibited co-sanguinity, bigamy, incapacity, infancy, impotency, felony conviction, pregnancy by another or... Read more »
a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia
answered on Jun 2, 2023
When a Virginia resident dies intestate, real property passes according to the laws of intestate succession starting in Virginia Code Section 64.2-200. First, it will go to the surviving spouse, unless there are surviving children of the decedent who are not children of the surviving spouse. If... Read more »
a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia
answered on Jun 2, 2023
You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get... Read more »
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answered on Jun 1, 2023
If you paid a $10,000 immigration bond about 6 years ago and never received your money back, you can take the following steps to get your money back:
1. **Contact the agency that held your bond.** The first step is to contact the agency that held your bond. This may be the U.S. Immigration... Read more »
answered on May 30, 2023
Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... Read more »
My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?
answered on May 27, 2023
There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... Read more »
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... Read more »
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... Read more »
I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.
answered on May 23, 2023
A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... Read more »
My claim and thy can see my insurance covered so how will I get money
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answered on May 23, 2023
That means your auto policy carries medical expense benefits up to a certain limit. Medical expense benefits can be stacked in Virginia for each vehicle you have on the auto policy. Generally it is best to use your health insurance in Virginia before exhausting medical expense benefits for a... Read more »
My claim and thy can see my insurance covered so how will I get money
answered on May 23, 2023
First, I am not a Virginia attorney (though I have handled cases there at the request of some). However let me note that members of the Va. Assn for Justice give free consultations so why not get one?
Generally, you look to have the insurance pick up your medicals. So be sure you tell the... Read more »
My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... Read more »
answered on May 22, 2023
The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... Read more »
*change that? Also, how do I access a free defense lawyer?
answered on May 22, 2023
Being sued as an out-of-state defendant can present defenses and challenges. Unfortunately, you are not likely to find a free defense lawyer to assist you in a civil claim for defamation. The first thing you should do is find out if you have insurance coverage for this type of claim. You may be... Read more »
I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... Read more »
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answered on May 17, 2023
I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... Read more »
answered on May 10, 2023
Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of... Read more »
He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?
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answered on May 16, 2023
Consult with an immigration attorney: Given the complexities involved with ICE and county jail custody issues, it is strongly recommended to consult with an experienced immigration attorney. They can provide specific guidance based on your son's individual circumstances and help navigate the... Read more »
If in a car accident, in a contributory state, if my insurance denies the driver's claim and the driver's insurance denies my claim. Can the other driver sue in a civil case? I have injuries and the other driver has none.
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answered on May 4, 2023
The doctrine of contributory negligence stands for the concept that one who causes or contributes to his accident is completely barred from recovering for his injuries. Whether the doctrine applies depends upon the facts of each case. You should contact a personal injury attorney who can learn more... Read more »
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