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Evan H Farr
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Evan Farr’s Answers

819 total


  • So what steps can I take to get the engagement ring back?

    My fiancée & I broke up because I called off the wedding & I was wondering how can I get the engagement ring back. My only dilemma is is that she lives in Charlotte, NC & I live in Norfolk, VA.

    Evan’s Answer

    You're only option -- other than asking, which presumably you've already done without sucess -- is to sue her. You'll need to hire an atorney in NC since that's where she lives. You're well-advised to hire an attorney, as this is going to be a very complex case, perhpas with conflict of law issues depending on what state you were ihn when you gave her the ring.

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  • Protection of business assets

    We are a small LLC, which buys the residential real estate and after renovation sells. What are the pros and cons of making a land trust which should own this llc. Will it substantiate the protection of business assets?

    Evan’s Answer

    Virginia Land Trusts offer no real asset protection at all. They are simply a way to attempt to hide the true ownerhsip of assets to make them harder for credtiors to find. They are also extremely risky, as you wind up turning all legal powers over to someone else, who is supposed to follow your instructions, but may not, LLCs are the best type of protection for rental properties, but it doesn't sound like you are renting, but rather flipping. Also if you own more than one property at a time, you should purchase each property in a separate LLC. If you are interested in true Asset Protection against outside creditors (i.e., not people who are injured in the property), then you need a real asset protection trust such as the Living Trust Plus(TM) Asset Protection Trust. I have provided a link below to read about this type of trust.

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  • How is an inheritance divided between a married couple named as heirs when the will does not specify each persons' share?

    My mother in law recently died and her will states that she is leaving $20,000 to my spouse and I. How is this money divided between my spouse and me; do we each get 50%? The will does not specify. It only says $20,000 to "John and Jane Doe". ...

    Evan’s Answer

    Based on the wording you have presented, the check should be made out to both of you. Perhaps you can then use that money to pay for marriage counseling to help you determine what to do with the money.

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  • Can I request the ring be returned to me because I gave it as a condition of us getting marred?

    Until last Thursday I was engaged to be married. However, I called off the engagement and wedding. My ex fiancé and I live in two different states she (NC) me (VA). I would like to get the engagement ring back from her as I am still making payment...

    Evan’s Answer

    It may depend on what state you were in when you gave her the ring. In some states it is clear that an engagement ring is a conditional gift, subject to being returned if the bride calls it off. And other states, such as Virginia, the lot is not so clear please see the following web page: https://www.familylawva.com/virginia-family-law-returning-the-engagement-ring/

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  • Do I have to show account info if I am not the owner of the account and what about accounts that I have power of attorney over?

    i am being sued for payment from a credit card company and I have a court date set, I was told that I have to bring all account info that has my name on it.

    Evan’s Answer

    Assuming you were being sued for a personal credit card that is in your name, you do not need to bring accounts over what you have power of attorney, as you are not in anyway an owner of those accounts.

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  • Is my interpretation of Section 8.01-261(19) correct?

    I was married in Kingston, Ontario, Canada and lived there for a couple years. We were going to file permanent residency paperwork but never did. I moved back here to Virginia and I have been living here for about the past 4 years. (I don't know i...

    Evan’s Answer

    I have changed your practice area to family law so it will be seen by the correct attorneys.

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  • Can I be kicked out by my stepmother without reason in a threatening way when we argue over a petty situation?

    My father passed away. I'm staying in the guest house to help my stepmother. She is having a hard time dealing with this that if we argue she tells me " I'm kicked out" or" I have to leave by a certain date". These arguments are petty and usually ...

    Evan’s Answer

    I completely agree with Mr. Hart. I would add that it is quite possible that the house passed to your stepmother upon your father's death by right of survivorship, depending upon how the house was titled. If that is the case, then your father's will does not and will not ever come into play with regard to the house. Perhaps they had a marital contract or premarital contract governing your right to stay in the house, but if so, your father should've given you a copy so that you would know you're rights under the contract, so it is unlikely that such a contract exists. If the house does belong to your stepmother, then what you really are going to need is to see a landlord-tenant attorney to be advised of your rights as a tenant, because you would most likely at this point be a tenant by sufferance.

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  • How much time under Virginia Law does the executor have before she must fulfill the terms of the will?

    It has been 1 year since my mother passed. She choose my sister-in-law as executor. As of last date Jan 28, 2016 my sister-in-law has not made any attempt to turn over property which was listed in my mother's will that was to be turned over to me.

    Evan’s Answer

    You do not mention where your mother resided at the time of her death, so this answer presumes that she was a Virginia resident. There is no required time period in Virginia within which to probate a will or distribute assets pursuant to a will. If you want to contest her delay as being unreasonable, your first course of action is to go to the Circuit court in The county or city where she resided at the time of her death, and check the probate records to see if her will has been probated. If it has, get a copy, along with any other documents that she has filed with the probate court, and bring it to an attorney who can advise you of your rights in this matter. If the will has not been admitted to probate, then you have the option of petitioning the court to become the administrator of her estate since the will has not been presented for probate. Then, as administrator, you will have the ability to force your sister to turn over the will, which you can then have admitted to probate. You would then become the administrator CTA of the estate. CTA is Latin for "with Will attached." in any event, you should contact a probate attorney for assistance in this matter.

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  • Can I live in a different state away from my wife for a temporary job and see her each month?

    I've been offered a job in a different state from where I and my wife is living&working. We've been told We are not allowed to live in different places in order not jeopardize my green card that I got almost a year ago, so I'm wondering if working...

    Evan’s Answer

    I have changed your topic to immigration so it will be seen by attorneys who can answer your question

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  • Can I recover the spent funds or sue my Father's estate even though he is deceased?

    Hi, I have a complex question. As a minor in 1994, I was awarded a trust fund for medical injuries. My father at the time was the trustee. He is now deceased since 1997 and apparently the funds were completely spent. The funds were for my coll...

    Evan’s Answer

    I agree with Mr. Zelinger. In addition, I would ask: are there assets in your father's estate? You ask about suing the estate, but that presumes that he still has an estate and there are assets in it. If he has assets that have been sitting in his name, and not admitted to probate, then you can always open an estate and then make a claim against it. However, your claim may be barred by the applicable statute of limitations. You definitely need to see experienced probate litigation attorney for advice as soon as possible.

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