Virginia Recent Legal Answers from Lawyers

Your eviction judgment for money owed will be included in your Chapter 7 bankruptcy along with all of the other debts that you owe. Unfortunately, some corporate landlords refuse to rent to potential tenants who recently filed Chapter 7. In addition, the fact that you were sued for eviction (as opposed to the fact you owe money on the judgment) may still appear on tenant screening reports. It will take some time and an understanding landlord, but you should be able to find a place to rent. Be up front about the situation and ask prospective landlords if they will rent to someone who has a Chapter 7 and eviction on their record before you pay an application fee. Many times you may be allowed to rent, but with a larger security deposit than someone with a better credit history. You should also take prompt steps to rebuild your credit after receiving your discharge. Please consult with an experienced consumer bankruptcy attorney for the specifics of your situation. Many offer free consultations. Good luck!   This is general advice only. I am not licensed in the Commonwealth of Virginia.... Read Answer

Sponsoring your parents puts them in the immediate relative category which does not have dependents. Therefore, they would have to immigrate before one or both begins the sponsorship for their son. They would have to show their income to apply for him, but could also use the income of a household member or joint sponsor. Assuming that your parents immigrate, and during the time of their filing for their son, there is open visa availability before your brother turns 21, the waiting time would be approximately 1-2 years. If the visa category (F-2A) date is not available for your brother until after the age of 21 (even counting the adjustment on age afforded by the Child Status Protection Act (CSPA)), his case would fall into the F-2B category for adult children of permanent residents, which currently has a 5 ½ year backlog.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Depending on the nature of the changes, you may be able to make an amendment, called a Codicil, rather than making new Wills.  But a Codicil is not a DIY project.  It should be carefully drafted to "republish" the parts of the Will which are not changed.  It must be executed with the same formality as the Will.  Talk with a local estate planning lawyer.... Read Answer

Individuals do not prosecute criminal cases.  They are brought by the local prosecutor (usually a Distict Attorney acting on a citizen's complaint) and will probably have to be brought in the state in which the moving company operates.  Assuming that you suffered damages from the forgery, you can bring a civil case against the moving company in Virginia if the moving company has sufficient contacts with that state to allow the state to exercise jurisdiciton over it.  If the moving company moved  you to Va., you can probably sue in VA.  However, you should look at the contract you signed with the moving compalny to see if it has a mandatory arbitration provision or a provision specifying the court in which any litigation could be brought.... Read Answer

If your husband had predeceased his now deceased sister, the funds would flow according to her Will, if any, or according to the state laws of heirship to his children but not to his spouse.   If your husband died after his now deceased sister (as appears to be the case), the funds would flow to his estate.  If his Will named you as a beneficiary, they would flow to you (in part or in whole depending on whether he named others as beneficiaries as well.)  If he had no Will, the funds would flow to his children under Virginia laws of heirship and subject the the spousal elective share in Virginia.... Read Answer

I practice in Minnesota.  A good criminal defense attorney in your neck of the woods is the right person to get definitive advice.  You are correct.  A man v. wife case becomes a Man v. State of Virginia once the cops are called.  I don't know if VA has a continuance without prosecution disposition or a stay of adjudication disposition.  If they don't, the only thing you can do to keep it off your record is to go to trial and beat the case.  I really think the best thing you can do is find a local attorney.  And don't let price be your sole issue.  Lawyers are like wine-its hard to find a good one that isn't a bit pricey.  Good luck.... Read Answer

I don't think anyone can answwer your question without a lot more infomraiton.  What does that mean "my name is in it?"  Are you a trustee?  A primary beneficiary?  A secondary beneficiary?  What are the terms of the trust?  Is there any quesiton of your friend's competence at the time he created the trust?  Etc. ... Read Answer

US immigration laws only have a number of categories for family-based cases, and they do not encompass a 16-year-old nephew. If you believe that he is a promising student, perhaps you could attempt to sponsor him under an F-1 visa to study in the States. The decision whether to issue him the visa would be in the discretion of the American consulate or embassy officer who interviews him. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Almost no courts will accept written over numbers but will enforce the original ones.  Those are the amounts you will be required to disburse.  Any amendment to a Will (called a "Codicil") must be signed by the testator, witnessed and notarized just like the original Will. You can, of course, call your grandaughter's or granddaughters' actions to the court's attention and, if you have evidence tending to prove who did this, seek legal action against them.  Your probate attorney can include in the required Notice to Beneficiary a statement that the Will was tampered with, that the action was legally ineffective and that it exposes the actor to civil and ciminal liability, citing the applicable Virginia statutes.  ... Read Answer

Call the lawyer's office to see what is happening.  A lot of people, including lawyers, are being infected with covid, so you need to get to the bottom of what is taking place.  Further, when a lawyer files a Complaint is usually decided between the client and the lawyer.  It can vary from a few days to a month or more, depending on what was decided by the lawyer and his client. Call the lawyer and find out if there is a problem.  If so, maybe, you want to go with someone. Best of luck~... Read Answer

Most lawyers are conducting interviews via telephone or webcam these days as a proper protocol for covid.  I suggest that you call around to see if you can find someone that you are comfortable speaking with and make arrangements for a telephone consult. Please note that most lawyers charge by the hour for office consults.  Therefore, you need to discuss fees in advance of setting up a meeting to avoid any misunderstandings. Best of luck~... Read Answer

Legal custody and visitation are different. legal issues  The court is only concerned about the best interest of the child.  Are you asking the court to change visitation and legal custody? Or, are you asking the court to change legal custody, without making any changes to visitation? Your question cannot be answered in this forum because additional information is necessary.  I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Please note that lawyers charge by the hour.  Therefore, you need to discuss fees before setting up a meeting to avoid any misunderstandings. Best of luck~... Read Answer

If there is a court order in place, you cannot take any action(s) that would violate the court order.  In the absence of information regarding the legal status of each parent's rights, your question cannot be answered in this forum. I suggest that you arrange to meet with an experienced family lawyer in your area to discuss this matter in greater detail.  Finally, please note that most lawyers charge by the hour for consultations.  Therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings.  Bet of luck~... Read Answer