Susan Leslie Fraser’s Answers

Susan Leslie Fraser

Warrenton Divorce / Separation Lawyer.

Contributor Level 14
  1. My Final Will, Durable POA, Living Will, and Health Care Rep documents are all from another state.

    Answered about 1 year ago.

    1. Susan Leslie Fraser
    2. Evan H Farr
    3. Leonard Bernard Feld
    4. Estela Matta
    4 lawyer answers

    It is ALWAYS a good idea to run those written-under-another-jurisdiction's Estate Planning documents past a Virginia-licensed attorney proficient in this area. For example, if your 'self-proving' Will doesn't have the Virginia-required 'bells and whistles' then your Executor will HAVE to file for a hearing to probate the Will- not a hard situation, but certainly not one that you want to burden your loved ones' with- most Hospitals prefer to have a "Living Will" (which in Virginia is called an...

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  2. My husband's ex is trying to get his retirement, two years after their divorce was final. Is this possible?

    Answered 10 months ago.

    1. Susan Leslie Fraser
    2. Kevin Reese Pettrey
    2 lawyer answers

    This is a nightmarish situation, which may be already foreclosed upon because there doesn't seem to have been an appeal filed with the Court which entered the Order of Settlement. You are going to have to get evidence presented to the court of Mutual Mistake- your husband believed that the PLOP would be achievable, it was not although he didn't know it at the time, and now the reality is that there is no capability to have it ordered. You must consult with a qualified domestic relations...

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  3. Can my husband change or modified a settlement agreement disclosing my Alimony?

    Answered 11 months ago.

    1. Susan Leslie Fraser
    2. Kevin Reese Pettrey
    2 lawyer answers

    Marital and Property Settlement Agreements are interpreted under Virginia law like any other contract. Normally, these are negotiated at 'arm's length', and also contain provisions which speak to the fact that each party has fully revealed to the other all relevant information. BUT any contract can be sought to be overturned by a Court, and the requirement is that there must be 'clear and convincing evidence' that fraud has occurred, or that there has been duress on the part of the person...

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  4. I have profited more than 250K on my home, can I purchase another home for the same amount that I sell it for to avoid taxes?

    Answered about 3 years ago.

    1. Susan Leslie Fraser
    2. James H Sutton Jr.
    3. Christopher Michael Larson
    3 lawyer answers

    The I.R.S. Rules on avoidance of capital gains on the sale of residences has changed a lot since you last purchased your home. One does not have to roll over funds from the sale of a residence in order to avoid having to pay capital gains: it is simply a rule that you cannot sell a residence more than once every two years from which you receive profits of less than $250K for a single owner. But you do need to pull receipts together to prove that you have made improvements on the property:...

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  5. My sister who is attorney in fact has blocked me from calling my parents.

    Answered 9 months ago.

    1. Susan Leslie Fraser
    2. Diane Beth Weinberg
    3. Alan James Brinkmeier
    3 lawyer answers

    This is an unfortunately growing area of elder law where a sibling/child refuses access to a deteriorating elder. While you can petition the Court to have access to them, the problem is that your irate sisters may or may not have obtained the termination of your attorney-in-fact powers. You could try to reach out to your sisters via an attorney, to see if the relationship can be mended, but in all likelihood, as long as your parents are being properly taken care of, and you have no rights...

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  6. Should I consult a lawyer first if wife and I think we can agree to terms and go through a mediator?

    Answered 10 months ago.

    1. Susan Leslie Fraser
    2. Clayton Andrew Worthington
    3. Peter John Louie
    4. Karen D. Lane
    5. Jonathan Andrew Brenner
    5 lawyer answers

    Here's the problem with mediation: it is designed to reach a half-way point of agreement between two parties and that presumes that each party is acting fairly and honestly. Quite often, when a spouse says "I want to be free" it isn't just because of "loss of the spark", but is actually because that "spark" has been redirected to someone else. The importance would be whether or not it would make sense for you to consider filing for a fault-based divorce: one is not permitted in Virginia to...

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  7. Do I have the right to half of his inheritance if we get divorced? We have been married 19 years. We have been together 26 years

    Answered about 1 year ago.

    1. Susan Leslie Fraser
    2. Kevin Reese Pettrey
    3. Cheryl Rivera Smith
    3 lawyer answers

    Property which is 'marital' is subject to being divided between spouses in an 'equitable' fashion- that does not necessarily mean 'fifty-fifty', but depending on the circumstances of the divorce case, can be other percentages depending on the type of asset that is being sought to be divided. HOWEVER, before a Court can divide property, the Court MUST make the decision as to the nature of the property, whether it is 'marital' or 'separate'. By statute, inheritances are NOT marital property, at...

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  8. If a person is running a farm and selling the produce and other products (wheat, soybeans.) and not paying taxes is that legal?

    Answered almost 3 years ago.

    1. Christopher Michael Larson
    2. Steven J. Fromm
    3. Susan Leslie Fraser
    4. James H Sutton Jr.
    5. Pamela Koslyn
    5 lawyer answers

    There are a couple of issues here: 1st is avoidance of sales taxes-this hurts both the state and the local county which is supposed to get a percentage of all sales (food used to be exempt, but is no longer 100% exempt). Secondly, the hiring of workers who are never credited with Social security or Medicare ("FICA") withholding- this is a violation of federal law. Thirdly, unemployment compensation due on the workers' wages- this is both a Virginia Employment Commission issue AND a federal...

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  9. Divorce - Question of Timing and the Acceptance/Waiver Form

    Answered 10 months ago.

    1. Susan Leslie Fraser
    2. David Paul Morgan
    3. Clayton Andrew Worthington
    3 lawyer answers

    Defendants have 21 days in which to create an Answer, Answer and Waiver, or Acceptance of Service of Process, Answer and Waiver, from the date they are SERVED. The service can be by posting at the front door of his residence by the SHeriff's department. IF he fails to file an Answer within 21 days, that doesn't stop your case, just simply puts you into a slightly different situation. Try to get the Acceptance of Service of Process, Answer and Waiver filed as soon as practicable. Cases can stay...

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  10. Do I need to pay alimony or child support when I am unemployed?

    Answered 10 months ago.

    1. David Paul Morgan
    2. Susan Leslie Fraser
    3. David Alexander Browde
    3 lawyer answers

    If during the marriage you were a stay-at-home parent, then you should consider asking for a temporary award of spousal support so that you can gain the skills necessary to support yourself. That is NOT the same as the child support issue: if you are willing to have your husband have primary physical custody of your son, then you will have to pay at least a minimum amount of around $70 a month child support to him. If you lost your job because you willfully quit, the Court can impute income...

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    1 person marked this answer as helpful

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