Delaware Recent Legal Answers from Lawyers

You are allowed to "ask" for anything you want, and if the school district refuses you can sue it.  If you can prove that your son contracted salmonella from food he was fed by the school, you would have a good chance to win, but to prove it you're going to need more proof than a newspaper article saying that there had been cases of salmonella in the district.... Read More

Life insurance and retirement are paid to the designated beneficiary and do not pass under the Will (or state laws of inheritance if there is no Will).  The estate, not you, owes the credit card companies.  They must be paid before any distribution is made to you or any other beneficiary or heir.  Consult a local probate lawyer.... Read More

I don't know your particular circumstances, but in general the change in CEO's of one of the member LLCs should not change anything or require q new operating agreement.  The members haven't changed.  Moreover, the prior CEO did not sign for himself, but for his LLC, and that signature, assuming it was valid in the first place, remains valid and binding.... Read More

Please see a local probate attorney about the spouse's elective share under Delaware law.  You can find one by contacting your county surrogate's court, the state bar or, if you have little money, your local Volunteer Legal Services or the Modest Means program of Lawyer Referral Services.... Read More

 A revocable living trust -- or an irrevocable living trust which can pay to you, whether it does or not -- will not protect your assets if long term medical care is needed.  Worse yet, in some states putting your home in the trust will make it a countable asset for Medicaid purposes:  you will have to sell the home and spend down to $2,000 before you are eligible for Medicaid.  Use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys to find a Delaware elder lawyer to help you do effective planning (www.naela.org)... Read More

You should call the clerk of the small claims court to ask these questions, because small claims court rules are sometimes different.  The first thing you should ask is whether you can sue the Delaware theater in Branson small claims court because (even assuming that you would have jurisdiction in a Missouri court of general jurisdiction, which is not certain) small claims courts often have limited jurisdictions where you can't sue someone from out of state.  Also, the small claims court may not handle claims as large as $8,500.  Also, in general, an llc is a separate legal entity, so you would not be representing yourself, and therefore you can't represent the llc  unless you are an attorney.  I think you can sue a non-profit in small claims court, but again the clerk can tell you definitely.... Read More

You were the cosigner of the loan, meaning that you were obligated to pay at least your share (depending on how the deal was structured, you were probably the principal obligor and obligated to pay the whole amount, while your parents were guarantors).  You didn't, and your parents were forced to pay your share (whether that share was 100% or only 50%).  They thus now have a claim against you to recover the amount that they lost becasue you didn't fulfill your contractual obligation.  Essentially, having paid off the loan, your parents now step in the shoes of the lender.... Read More

That depends on whether your loss was caused by the apartment complex's negligence.  If, for example, the robber stole a pass key from the apartment complex which it had failed to secure properly, or if a security guard fell asleep and allowed the robber to enter, the complex might be deemed liable.  Even if you have some evidence of such negligence, however, you should check your lease to see if there are any limitations of liability clauses.... Read More

Assuming that you can prove what you've written above (which is uncertain if any of it depends on your word versus the contractor's), and assuming that there is nothing in the original ocntract which allowed the contractor to deemand payment up front (some contracts do have such provisions if, for example, one party's credit worthiness changes), then the contractor had no right to demand payment ahead of time, and you were not required to continue with the contract under that condition. ... Read More

Almost 99% of lawyers will butter up the statement and reassure you yes they will fight to get you full custody of your kids when in reality they don't know the facts of the case before they earn your business and payment. After that, they realize they can't get full custody and you are stuck with joint and or 60/40. Anyhow, fighting for full custody requires time and financial commitment. You will also need a competent and aggressive attorney that will fight tooth and nail for your kids in court. This is something we specialize in and looking forward to hearing from you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in DE.... Read More

Speak with a Taiwan attorney, if you meet the qualification and eligibility requirement to get a divorced overseas, through the court process, and the divorce will be recognized by the Government of Taiwan as a valid divorce than compare the cost of a divorce in Delaware and Taiwan, go with the fastest and cheapest route. Attorneys typically charge anywhere between $1,000 - $3,000 for a divorce in the United States, so compare the cost and what I stated above. Good luck and if you need further assistance, feel free to contact my office directly.... Read More

Your question is a little confusing.  How can there be three partners and two shareholders of a corporation?  Why did 3 officers sign a loan agreement if it was on behalf of the corporation and not in their personal capacities? For purposes of this answer, I will assume that (a) you are asking about the personal liability of corporate shareholders for the corporation's obligations; and (b) the agreement was signed by the officers on behalf of the corporation, i.e. they signed "XY, CEO of ABC Corporation", and not simply "XY".  I will also assume that no individual personally guaranteed the corporation's obligations.  If anyone signed in their personal capacity and/or acted as a guarantor for the corporation, that person would be personally liable. Shareholders are normally not responsible for the obligations of the corporation.  This is one of the main reasons that people incorporate.  If anything, llc members are more likely to be personally liable than are corporate shareholders, although the rules are generally the same.  Moreover, the loan agreement was between the programming co and ABC Corporation; creating an ABC LLC does not change that.  You can't unilaterally change the obligor on the agreement after the fact.  ABC Corporation would remain liable on the agreement and changing to an llc would not affect any personal liability that its shareholders might have. There are exceptions to the rule that shareholders are not personally liable for the corporation's debts.  In addition to certain statutory exceptions which don't seem to apply here (for example, there is a NY statute that makes the top 10 shareholders of a corporation personally responsible for some unpaid wages of corporate employees), claimants can "pierce the corporate veil" to hold shareholders personally liable where, generally, (a) the shareholders completely dominate the corporation and fail to operate it as a corporation (e.g. by failing to have shareholder or board of director's meetings, etc.) and (b) utilize the corporate form to commit a fraud or other wrongdoing (such as where the shareholders use the corporation's assets as if they were there own, by, for example, commingling funds, paying personal bills out of the corporation's bank accounts, etc. I don't see why you would dissolve the corporation, and I think dissolution would make things more difficult for the shareholders, not necessarily create any personal liability but create a hassle by the creditor asking what happened to the corporation's assets when it dissolved.  Also the agreement may have a provision which creates consequences if there is a dissolution.... Read More

The limitations period on a breach of contract runds from the date of the breach, not the date of the contract.  If the breach occurred on March 10, 2014 at 12 P.M., you would (absent some basis for tolling or extending the limitaitons period) have to commence an action for breach by 11:59 P.M. on March 10, 2017.  Don't take the chance; file on March 9 or sooner.  You can amend the complaint later if you need to.... Read More

I am sorry for your loss. If someone dies without a Will, the law of intestacy determines how that person's probate assets are distributed. I am not clear whether your father lived in Delaware.  It sounds like he was survived by four children and his mother.  If he was not married at the time of his death, his four children are entitled to equal shares of his probate assets.  Probate assets are  any assets that are in your father's name alone with no named beneficiaries.  For instance, if his bank account is just in his name and does not have a pay on death designation, it is a probate asset.  A life insurance policy that names a beneficiary or real estate owned with someone else is not a probate asset.  (Nonprobate assets go to the named beneficiary or joint owner.) Nolo.com has some basic information about probate.  You will need to start this process by filing documents in the probate court of the county where your father lived. In order to be able to transfer your father's assets, someone needs to be appointed "personal representative" of his estate by the probate court.  If his assets total less than $30,000 (deemed a "small estate") there is an affidavit from the court that can be used instead.  In any case, you will need his death certirficate and the appropriate court forms.  So, your first step should be to go the probate court in the county where your dad lived and get either the forms either to administer a small estate or for appointment as personal representative. If your minor siblings' mother is not alive, their guardianship also must be determined.  That is a probate matter as well.  Again, nolo.com has some helpful information and the probate court has the forms to get you started. This is a lot for a twenty year old to take on, I hope you have some help and support.      ... Read More

Your mother may be able to cancel the contract, although it is doubtful because, while you may not have had actual authority to enter into the contract, you may have had what is known as "apparent authority", in other words because you were living there, the installer may legally have been entitled to rely on your authority to contract for work to be done there.  Your mother could then sue you to pay her back for what she has to pay the installer.  Even if your mother can cancel, however, that wouldn't get you off the hook for any damages the installer incurs because of your fraud (representing that you  had authority to enter into this contract when you did not).... Read More

Your mother may qualify for an extended stay. She would not need to apply for a new visa but will need to request a one-year stay of admission at the time of admission. Your mother should bring documentation to establish her eligibility for an extended stay. You should speak to your employer's immigration attorney about what documentation your mother should present when seeking admission. ... Read More

The fact that you have U.S. citizen children does create a path to lawful permanent residence unless one of your children is at least 21 years of age. There are a variety of nonimmigrant and immigrant works visas. Most work visas require an employer to sponsor you. The type of visa you should pursue will depend upon your education, experience, skills, and ultimate immigration goals. Some visas are limited to annual caps so they may not be available until fiscal year 2018. You do not necessarily need to leave the United States; you may be able to change your status if you entered on a visa rather than through the visa waiver program. I encourage you to consult an attorney.... Read More

You may use your home as an asset when completing the affidavit of support. The home will have to be appraised. Only the net value of your home can be used. This is the appraised value less any mortgage owed or other lien on the property.  You could only use your child's social security income if your child is at least 18 years of age. Your child would need to sign a Form I-864A. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read More