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Virginia Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?

Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Virginia on
Q: What can I do about the very complicated situation with my mother? After paying $700/ a month for 2 years.

Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 25, 2021

You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: If an executor of an estate fails to perform his duties and all property sits unclaimed for years, can heirs claim it?

My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 22, 2021

Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I served tenant a 30 day non-remedial breach for violations, am I entitled to remaining rent due on entire lease? Sect 8

Rented to sect. 8 tenant. Tenant violated rental agreement: damaged property, didn't carry renters insurance, pest control as required, late fees (rent late each month), spouse residing in property but not on lease and failure to maintain yard. Sherriff served notice.Tenant said they moving... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2021

I do not handle Section 8 matters. Sorry.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 21, 2021

She is the widow, and you are not.

1 Answer | Asked in Contracts for Virginia on
Q: On a Home improvement contract, the contractors license number on the contract was terminated after contract was signed

It appears that they got a new license number. Is this legal? If I am trying to get the contract voided would this matter? It seems very shady to me that the license number they provided on my contract, while valid at the time, became listed as terminated, on the DPOR website, about 30 days later... Read more »

Steven Krieger
Steven Krieger answered on Oct 20, 2021

As long as the contractor has a valid license number and the numbers were associated with him (and not someone else) then this seems OK. Of course, this doesn't mean the workmanship was sufficient, but from a strictly licensing perspective, this may be OK. If you decide to hire a lawyer,... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Virginia on
Q: Can my boss make me pay for damages to a company vehicle, that were caused at work?

I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When does the time start on a 30 Day Notice for termination of a month to month tenancy ?

Does the 30 days start from the time the letter is signed for (in the case of a certified letter) regardless of the deadline noted in the letter? Landlord made the deadline to vacate 30 days from the date he wrote the letter. Not allowing for the time it takes to arrive by mail and going to the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

§ 55.1-1253. Periodic tenancy; holdover remedies.

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: 30 day notice to vacate. Not allowing 30 days prior to the next rent due date.

My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My son had Covid and rent was paid by county. Now apt complex won’t renew his lease.

He was asked in August was he going to renew and he said yes then he received a email stating they weren’t going to renew.

F. Paul Maloof
F. Paul Maloof answered on Oct 17, 2021

Th renewal of a residential lease is a two party agreement/contract. Both parties to the original lease are required to agree to the renewal or there will not be a renewal. Based on the facts that you reported, the landlord has not signed a renewal agreement and therefore the lease will not be... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 16, 2021

More information is needed, but if you are over 21 years old, it may be in their best interest for you to petition them. Again, more information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Probation violation for failure to pay court fines during pandemic in Virginia

Under 19.2-305 c, it states courts can’t keep you on probation due to court fines

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

You need to refer to 19.2-305(A), section C refers to supervised probation, and using fines and costs as being the only reason to keep someone on supervised probation.

1 Answer | Asked in Criminal Law for Virginia on
Q: What time is my fiance looking at possibly? Jes been sitting in jail since July 24th and is looking to be in till nov 22

The original charge is b&e and petty larceny of 500 or less from a person he had 3 years sentence with 3 years suspended. He picked up 2 new charges and being held without on 2 pb15 violations one fel and one mis. His probation said he absconded from probation but he fell threw the cracks he... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

Without more information, it is not possible for an attorney to give you an estimated sentence. There are numerous factors which include his past criminal record, the number of probation violation, the amount of drugs in his possession, etc.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Should my wife seek counsel or just testify based on her recollection?

Hello, my wife was subpoenaed to testify in a criminal case she witnessed. A long dispute between some neighbors escalated and resulted in 1 death by the use of a hand gun. My wife saw the events unfold while she was at home. Over the next several days detectives took statements from all the... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

As a general rule, witnesses do not need representation. If there is any concern that she may implicate herself while testifying to that crime or any other, then you should consult an attorney before going to court.

1 Answer | Asked in Small Claims for Virginia on
Q: Virginia: How might an inmate pursue sentence relief after transfer to the VADOC if they feel they were over-sentenced?

An inmate was sentenced to 90 years (suspended 63) for three robberies and one attempted robbery in 2001 long before the passing of Virginia House Bill 1936 which establishes classifications and sentencing guidelines for robberies. The inmate did not use a firearm in the commission of the... Read more »

Ashley Robinson Winn
Ashley Robinson Winn answered on Oct 14, 2021

Since the law is not retroactive, hire an attorney to bring up all of the positive factors at the inmate’s next parole hearing. It is too late to do a Motion to Reconsider under Virginia Law. You have 21 days from entry of the final order to have the motion heard. It must be ruled on within those... Read more »

1 Answer | Asked in Federal Crimes for Virginia on
Q: I have already been sentenced in federal court and am to self surrender on Nov1, I wrote my sentencing judge and asked f

For electronic monitoring instead of prison, I was denied because she doesn't have jurisdiction since she sentenced me. Who can I talk to about it now.

Ashley Robinson Winn
Ashley Robinson Winn answered on Oct 14, 2021

Federal court is very strict with procedures and Home electronic monitoring should have been requested at sentencing. If the sentencing judge has lost jurisdiction, there is little that can be done, particularly if the appeal time has passed.

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