Virginia Recent Legal Answers from Lawyers

On its face, it appears that you have an enforceable contract, but of course I have no way of knowing what basis your ex might have to claim that it is invalid.  Were you both of age and competent?  Was there any fraud, duress, or undue influence involved?  Did you fulfill all of your obligations under the contract?  Was the contract ever modified? ... Read More

First, whether you stay in your mother's home, or move in with your boyfriend and his parents, I would encourage you to finish your high school education. You are legally an adult, whether you are still in high school or not.  It is not necessary for you to be emancipated.  You are legally responsible for your actions and any consequences of your actions.  The Code of Virginia, section 1-204, defines the age of majority as 18.  ... Read More

One definition of separate property, contained in Virginia statute 20-107.3(A)(1), is property acquired by either party before the marriage.  The house is his.  Unless there was consideration for the "verbal agreement," he had no legal obligation to add your name to the deed.  Generally, assets acquired during the marriage, including increases to retirement plans, etc., are marital assets, unless it is derived in exchange for, or from the proceeds of, separate property.  The definition of marital property is contained in Virginia statute 20-107.3(A)(2).  You have interest in marital assets and marital debt only.  If your husband were to die without a will, you may gain an interest in his separate property through the laws of intestacy.  If you divorce, or if he sells the house, you would have no interest in the proceeds.    ... Read More

From your description, it is not clear whether your parents' estates have been probated (proving what they owned, what they owed and distributing the rest according to their Wills or, if there is none, the state's laws of inheritance).  If not, please see a local probate attorney about filing the Wills for probate or filing for an informal probate/small estate affidavit or a determination of heirship.  Once you are appointed by the court, you will have authority over your parents' assets.  This may include evicting your brother as well as his "tenants" and suing him on behalf of the estate.... Read More

In many states after two years with no distribution, you can apply to the court to remove your brother and appoint you.  You can then file an eviction action in small claims/justice of the peace court and an action for damage to the estate (no rent) in probate/surrogate's court.  However, unless your parents had a contract with you, the likelihood of your recovering funds for the amounts you spent on their care is nil.  It will be deemed a gift.... Read More

It is not clear to what check you refer or what is the source of funds.  If it is your mother's money and you have authority over it as the guardian of her estate, there are two considerations.  First, you must get the permission of the court to expend funds to reimburse your sisters.  Second, you must get the permission of the court to reimburse yourself.  Please work with your guardianship attorney to file the proper motions and proposed orders approving those motions.... Read More

If you have joint legal custody you share joint decision-making authority, which is different from physical custody.  Unless there is something in your agreement or court order, which restricts the father from taking the child out of town during his custodial access (physical custody) with the child, you cannot dictate what he does on his weekends unless his conduct is contrary to the child's best interest.  I strongly suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater detail.   Lawyers.com offers general information and not legal advice, which is based upon the specific details of your case, which includes a review of your court order(s).  Most lawyers charge by the hour for consults, therefore, you need to discuss fees before attempting to schedule a consult to avoid any misunderstandings.  All the best,~ ... Read More

The law changed July 1 to allow for a "First Offender" program for first offense theft.  The prosecutor has to agree to it.  So there is a chance, depending on your jurisdiction and the prosecutor assigned to the case.  ** This is not intended to constitute legal advice, nor does it create an attorney-client relationship... Read More

It sounds pretty negligent to me, but only a medical professional can verify whether it was a violation of the normal standard of care in these situations.  If you can find another doctor to say that what they did was negligent then you've got a case.  A lawyer cannot make that determination.  You will need a medical expert's verification before any lawsuit could be served in Virginia.  However, what most lawyers are looking for in order to consider taking such a case on contingency is what your long-term injury is and/or what the total medical expenses were that were caused by the negligence.  If it did not cost that much and you are all better now then a lawyer will probably not be interested, as your case may not be worth much.  But if you have significant bills and/or long-term damage then a lawyer could probably help you bring a lawsuit, if you have the expert verification of negligence.... Read More

First let me say that I'm sorry you have had to endure such abuse and that his family is piling on to add insult to injury. How horrible!  To answer your question about how to go about suing your ex-husband I can only say that you really need to hire a lawyer to do this. I would not recommend that you try to handle this yourself.  However, if you are unable to afford a lawyer or can't find one who will do it on contingency then you could file a Warrant in Debt in the General District Court.  This is something you could do yourself -it is just a form you fill out, which is available online or at the courthouse.  However, if your ex-husband is incarcerated then he would have to have a guardian ad litem appointed to represent his interests and getting the GAL appointed could be difficult for you.  Again, you would probalby want to hire a lawyer to help you.  ... Read More

The short answer is probably no, she cannot refuse to testify.  Unless she has some privilege, such as that she is being asked to testify against a spouse, a patient, or she is a lawyer testifying against a client, or she is being asked to incriminate herself in which case she could invoke the 5th Amendment.  Otherwise, if she is subpoenaed to court she is required to show up and to answer questions under oath or risk being held in contempt of court.  If she thinks she has some privilege or the subpoena as issued in bad faith, such as that she has no knowledge of the case at all, she could move to quash the subpoena.... Read More

It's not clear to me from your question whether you and the mother have now separated or whether you are still living together, but assuming you are in a separate residence then you can simply contact your local Juvenile & Domestic Relations District Court to schedule a time to file a petition for custody.  The intake workers there will help you do it. Or you can hire a lawyer to file your petition for you and represent you in court.... Read More

Your mother will be able to apply for an SSN if she applies for an I-765 employment authorization application, has it approved, and then makes the SSN application. She is eligible to file for the I-765 as she has already filed the I-485 application. I have not heard that anyone is able to obtain an SSN based on an I-130 approval alone. Your mother’s pending B-2 extension makes no difference. Even persons in valid B-2 status are not allowed SSN’s. 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 More

I will assume for purposes of your question that you are a US citizen in applying for your mother. Your sister unfortunately falls within another category than your mother, and probably the best thing is for your mother to immigrate, and then she can immediately sponsor your sister. Given the favorable quota situation presently, there is the possibility that your sister may be able to immigrate in the year after your mother enters the US. 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 More

Your question cannot be answered in this forum because additional information is needed.  Is this a case involving Child Protective Services?  Are there Court Orders in place that require you to secure housing, obtain employment, etc?  Is there a caseworker in the case  If so, what is your relationship with the worker? I strongly suggest that you meet with an experienced family lawyer in your area to discuss this matter in greater detail.  Lawyers charge by the hour, therefore, you need to discuss the cost of the initial consult upfront to avoid any misunderstandings.  Best wishes~... Read More

The short answer is yes.  However, it will ultimately be up to the judge(s) to decide if the case will be tried in Va or Fl.  You should confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any misunderstandings.  Best of luck~  ... Read More

Your question cannot be answered in this forum because you have left out key facts.  First, are there any minor children involved?  If so, you have to wait 1 year, before you are eligible to file.  If there are no children,  you may file, if you have lived separate and apart for a period of 6 months and have a signed agreement.  You may wish to confer with an experienced family lawyer to discuss the actual divorce process and what is necessary to proceed.  Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any issues about the process.  Best of luck~... Read More