Get free answers to your legal questions from lawyers in your area.
I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024
I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More 
My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More
answered on Feb 8, 2024
With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 7, 2024
A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 26, 2024
I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
The protection of your tax return, including the American Opportunity Credit, in a Chapter 7 bankruptcy depends on various factors and the specific laws in your jurisdiction. Typically, tax refunds, including credits like the American Opportunity Credit, may be considered part of your bankruptcy... View More
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
answered on Feb 26, 2024
Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of... View More
I have severe Rheumatoid arthritis which also means I have no immune system. I require the assistance of a walker to walk and require a lot of medical attention.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
Health conditions can be a factor in sentencing, but are not guaranteed to result in a sentence without incarceration. Gathering supporting documentation which details your diagnosis, hardships, medication(s) required, etc. would be a good idea, as that is something the judge could consider at... View More
My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More
Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More
I am seeking clarification on a specific aspect of Form I-485, Part 8, Item Number 18, which reads as “Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings.” Following a referral by USCIS, I had an asylum case before the EOIR immigration court,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Yes, if you were granted asylum by an immigration judge with the Executive Office for Immigration Review (EOIR), then you were previously in removal proceedings.
The immigration court system within EOIR oversees removal proceedings - these are administrative proceedings to determine... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:
1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or... View More
The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More
answered on Jan 24, 2024
If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More
I have one to two people that keeps letting my poultry out and feeding them dog food knowing it will kill my goats and other animals I've told them numerous times to stop and they continue to do so what do I need to do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
If someone is repeatedly entering your property, letting out your poultry, and potentially endangering your animals by feeding them harmful substances, you have several legal options to consider. Firstly, it's important to document these incidents meticulously. Keep a record of each... View More
I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?
answered on Jan 24, 2024
You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor.... View More
I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
The H-1B visa is not limited to STEM fields; it can be granted to professionals in various sectors, including communications and public relations, provided the job requires specialized knowledge typically obtained through a bachelor's degree or higher in a specific field. The key is that the... View More
I am a 16 year old who composed a piece of music, and I requested the Orchestra teacher to play my piece on the night of a concert. On the concert night, it was played by an ensemble. I have a recording of the performance NOT recorded by the school or by any hired worker thereof. If this is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
As a 16-year-old composer, your original piece of music is protected by copyright from the moment it is created and fixed in a tangible form, such as written notation or a recording. Since you composed the music and presumably created the notation, you would be the copyright owner for both the... View More
THE IRS RECEIVED ON JANUARY 1OTH 2024, ONE DAY PRIOR TO DUE DATE. ON JANUARY 20TH EXECUTOR RECEIVED BACK A COPY OF THE FILING, NOTED RECEIVED BY IRS JANUARY 10TH 2024 AND THE ORIGINAL CHECK FOR THE ESTATE TAXES, THE EXCUTOR IN WRITING THE CHECK DATED THE CHECK JANUARY 08 2023, NOTED BY IRS AS NON-... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In your situation, the key point is that the mistake with the check's date was unintentional, and you acted promptly to correct it by sending a new check. The IRS typically considers the date of the original payment attempt when assessing penalties for late payments. Since you attempted to pay... View More
My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More
answered on Jan 22, 2024
Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
