Delaware Recent Legal Answers from Lawyers

The Dangerous Instrumentality Doctrine holds vehicle owners liable for damages caused by someone using the vehicle with permission. However, if the driver did not have permission, the owner may not be liable under this doctrine. Instead, a negligence theory could apply.  For example, if the owner failed to secure the vehicle, allowing an unauthorized driver to take it, there could be an argument for negligent entrustment. Courts consider factors like prior knowledge of the driver’s tendencies, security measures, and whether the vehicle was stolen or taken without consent. What injuries did your child sustain?... Read More

Because your original custody order was issued in New Jersey, that state retains what's called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—which both New Jersey and Delaware follow—until certain conditions are met. Typically, jurisdiction can shift to Delaware if: Neither parent (nor the child) lives in New Jersey anymore, or New Jersey finds that it no longer has a significant connection to the child and agrees to let Delaware take over. Registering the New Jersey order in Delaware is a necessary first step, but that alone does not automatically give Delaware jurisdiction to modify it. You may need to file in New Jersey first to either request a transfer of jurisdiction or seek a modification there if New Jersey still qualifies as the home state. Given the serious allegations about the father's behavior, you should also consider whether an emergency custody filing is warranted under Delaware law once the order is registered. That can sometimes temporarily override normal jurisdictional rules. These are complex jurisdictional and procedural issues, especially when your child's safety is involved. While my focus is as an appellate lawyer handling custody appeals and complex jurisdictional issues, I recommend working closely with a Delaware family law attorney who can coordinate efforts with counsel in New Jersey if necessary.... Read More

If you haven't done so already, contact the bank and dispute the account. You may also want to pull your Experiam, Equifax, and Trans Union credit reports from annualcreditreport.com to make sure that no credit accounts have been opened in your name. There are also banking credit screening companies that you can pull reports from to ensure no other bank accounts have been opened using your information. These include but are not limited to Certegy Payment Solutions, LLC, ChexSystems, Inc., and Early Warning Services, LLC. If there are any inaccuracies or fraudulent accounts or information on any of those reports, you can contact a consumer protection attorney. They may assist you in pulling the reports as well if you ask them.... Read More

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com   www.LawyerJaffe.com If this person is going to be a W-2 employee, you don't need anything but to add them to your payroll. If this person is going to be an independent contractor you should have an attorney write a contract between you and them.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

A trust is a private document. You are not entitled to a copy.  But in most states, if you are 25 or older, you are entitled to an annual accounting.  It is too soon after your stepmother's death to expect one.  In any event, if your father left everything to your stepmother, it was hers to do with as she pleased. ... Read More

While the other person on the deed could gift you his interest and record a deed to this effect, if he (and you) are doing so in an attempt to evade current creditors, this would be fraud.  Note that although an assisted living facility does not provide medical care, there is still a bill for room, board and non-medical assistance which must be paid.  If your husband dies in the assisted living facility (or in a nursing home), suit could be brought against his estate.  In some states there are deeds which pass title on death, avoiding probate.  You might want to discuss this possibility with an elder lawyer.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

When you father passes, your first step will be to hire a probate lawyer who practices in the county in which your father lived and died to present the Will for probate (proving that it is the Will of the person who died).  That lawyer will guide you through  the process of collecting your father's property, paying his debts and distributing the rest according to his Will.... Read More

You must first submit the Will or probate (proving) or, if there is no Will, hire a local probate lawyer to apply to the court to determine heirship and issue letters of administration.  These need not be issued to your mother but she must sign a document agreeing to the administrator.  The administrator will then have authority over all your grandfather's property.  He can write to the companies which issued the checks asking them to reissue them in the name of the estate.  They will go into the estate's bank account.  After paying the debts, the administrator can transfer the home and the money remaining to your grandfather's heirs.... Read More

Only your mother can sign her Will.  Only your father can sign his Will.  Depending on their levels of legal capacity, your father might be able to become your mother's guardian.  Consult with a local elder law attorney who also does estate planning.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

An estate must be settled by somebody whether or not there is a Will.  If there is no Will, a small estate can often be settled without a hearing but with an application to the court.  A not-so-small estate requires a determination of heirship and appointment of a personal representative.  This is not a DIY project.  Talk to a probate attorney who practices in the county in which your husband lived and died.... Read More

It is not true that a spouse can sign any contract on behelf of his/her spouse, but it is true that you can authorize anyone to sign your name and bind you.  Since your spouse signed the contract in your  presence and you allowed it, your spouse would likely be deemed to have been authorized to do so.  Moreover, even if you were not deemed bound by the contract, your spouse almost certainly would be, having signed the contract; the fact that the printed/typed name was yours rather than your spouse's would probably be considered immateral.   If your spouse had signed the contract without your knowledge or consent, you would probably not be bound (I say probably because there are sometimes circumstances where a spouse can be deemed an authorized agent, or you, by failing to protest in a timely fashion, can ratify it), but your  spouse certainly would be.... Read More

I'm very sorry for your loss.  A power of attorney gives an agent the power to act for a living person.  it has no effect after death.  The power to act on behalf of your wife's estate would be determined by her will and by the court in a probate proceeding or, if there is no will, by the court in an administration proceeding (those are the names in NY, they might be different in Dalaware, but whatever these proceedings are called, they will determine who can act on behalf of your wife's estate, not a power of attorney).... Read More

Your US citizen mother can sponsor you , her adult daughter and if your priority date is current (that's a legal conclusion that can only be arrived at by a careful examination of the case) then you can adjust status to get a green card provided you are currently in status and have not fallen out of status since your admission. Forms vary depending on the unique facts of the case. ... Read More

Assuming that you are successful in setting up the paperwork on your own business in Delaware, you should be aware that there must be the requisite affiliation between your business and the overseas business in which you must have worked for at least one of the past three years as a manager, executive, or person of specialized knowledge. I note that U.S.C.I.S. generally discourages L-1 petitions from very small businesses, and so you will hopefully have a good business plan to expand your operation within a short period of time and your overseas company is of some size. 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

If your mother-in-law does not own the house, there is no ownership interest on which to place a lien.  For comprehensive advice on Medicaid planning you may want to contact a local lawyer using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More