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Virginia Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Virginia on
Q: What kind of lawyer could handle a dispute over matters of a trust dispute between co-trustees?

My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Can I sell my wife’s home? She passed without a will and the house was solely in her name. Me and her 2 daughters heirs
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.

1 Answer | Asked in Criminal Law and Public Benefits for Virginia on
Q: question about me being a possible accomplice or accessory to a crime?

If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she... View More

David G. Parker
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answered on Jul 8, 2024

An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way... View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by

Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:

1. Copyright of the 3D models:

- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Pretended to be my sibling on a phone call with USCIS agent. Will my sibling's app have issues?

My sibling applied for N400. She's currently out-of-states for a break. She got a notice few days ago that the biometrics appointment is scheduled for mid-July. However, she will not be able to attend that appointment, as she plans to head back to the states in late August. She tried to... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand you were trying to help your sibling. Here are some suggestions for how to handle this situation:

1. Your sibling should contact USCIS directly as soon as possible to explain the situation honestly. They can call USCIS or use the online tools to reschedule the appointment...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex and I have 2 kids together. She moved 45 mi away from me. I live in the family home. I want 50/50, should I move?

We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.

Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.

2 Answers | Asked in Criminal Law for Virginia on
Q: what will happen as a first time offender after stealing $175 worth of items (mainly hygiene products)?

I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More

Brian M. Latuga
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Brian M. Latuga
answered on Jun 24, 2024

Go to the court clerks office, request the assistance of the public defender or court appointed counsel, complete the paperwork, and if you qualify you’ll be assigned counsel to help you. You need to actively get yourself an attorney, nobody from the court or elsewhere is going to reach out to... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: what will happen as a first time offender after stealing $175 worth of items (mainly hygiene products)?

I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More

David G. Parker
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answered on Jun 30, 2024

Your first court appearance should be an arraignment, at which time the judge will ask if you're seeking a court-appointed lawyer. I recommend hiring or (if you cannot afford to hire) requesting a court-appointed attorney to assist you in your defense. Also, Virginia has a 1st-offender... View More

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1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Virginia on
Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Can I republish information from a State agency website/publication?

I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?

James L. Arrasmith
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answered on Jun 21, 2024

To answer your question about republishing information from state agency websites or publications:

Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,...
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1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.

You should review your company's bereavement leave policy in the employee...
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1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Richard Sternberg
Richard Sternberg
answered on Jun 13, 2024

Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More

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3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 13, 2024

Brother 2 should cooperate with Brother 1 and sell the property. If Brother 2 does not cooperate with Brother 1, Brother 1 can file a Suit of Partition to force the sale of the property and all fees and costs (title examiner, appraisal, etc, will be shared by the parties, generally.

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1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on
Q: Under what circumstance is bail denied?

My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More

David G. Parker
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answered on Jun 13, 2024

He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
Anthony M. Avery
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answered on Jun 10, 2024

If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More

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2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 11, 2024

To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current... View More

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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

Daniel J. Miller
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answered on Jun 10, 2024

It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More

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