Thomas H. Roberts Esq

Thomas H. Roberts Esq

Viirgnia Hearing Officer (Administrative Law Judge)
  • Personal Injury, Products Liability, Civil Rights...
  • Pennsylvania, Virginia
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Summary

Mr. Roberts was admitted to practice law in Virginia in 1986 and before the United States Supreme Court in 1991. Mr. Roberts has a broad background of experience in litigation and business. His practice includes the successful representation of clientele in obtaining recoveries in cases of personal injury, in commercial disputes, and in civil rights. Additionally, Mr. Roberts has served as corporate counsel and director for several electronic technology corporations. Mr. Roberts is a founder and the principal member of the firm of Thomas H. Roberts & Associates, P.C. He earned his Bachelor of Arts degree with honors in business and economics from Gordon College in New England and his Juris Doctorate degree from the University of Richmond Law School. With a passion for liberty and justice, Mr. Roberts regularly represents individuals protecting rights and enforcing the constraints on government officials guaranteed by the Constitutions of the United States and Virginia. Mr. Roberts family arrived in the United States in 1667 seeking religious freedom – he continues that strong tradition in litigating matters involving religious freedom. Mr. Roberts lived four informative years in Afghanistan, and has witnessed first hand the dramatic differences between countries with deep traditions of religious liberty that have enabled the blessings of a people who understand the gravity of the words adopted on July 4, 1776, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Mr. Roberts was the first attorney in the history of Henrico County, Virginia to obtain a jury verdict in excess of $1 Million in the Circuit Court. He has worked on numerous trial and appellate cases over the last two decades that have involved briefing and argument of complex issues resulting in both reported and unreported decisions.

Practice Areas
  • Personal Injury
  • Products Liability
  • Civil Rights
  • Employment Law
  • Criminal Law
  • Health Care Law
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Pennsylvania
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Virginia
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3rd Circuit
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4th Circuit
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Federal Circuit
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U.S. Supreme Court
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Languages
  • English: Spoken, Written
Professional Experience
Viirgnia Hearing Officer (Administrative Law Judge)
Current
Education
University of Richmond School of Law
J.D. (1986)
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Gordon College
B.A. (1983) | Economics-Business
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Websites & Blogs
Website
Thomas H. Roberts & Associates, PC - Firm Website
Website
Personal Injury Law Firm - Virginia
Blog
Legal Commentary - Virginia
Legal Answers
46 Questions Answered

Q. Is our notarized marital agreement still valid even if my husband crossed out his signature after completing it?
A: If he signed before a notary but never delivered the proposed agreement to you then the acceptance of the offer may not be complete. Not "signed, sealed and delivered.". Otherwise, if there was a meeting of the minds supported by consideration then you probably have an enforceable agreement as Wayne E Holcomb, Esq stated, the "form" is not important. A contract may be written on toilet paper for that matter.
Q. My husband abandoned me won't tell me where he is and I only have his email address. How can I get support money?
A: You should contact an attorney, and file a petition for support. Attorneys should be able to locate your husband to get him before the court.
Q. If my tenant breaks lease, can I keep the security deposit?
A: You should consult an attorney. The contract and/or the Virginia Landlord Tennant Act should be referenced. https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/. You should consider § 55-248.15:1. Security deposits if the act applies.
Q. I was in a car accident and don't have insurance - but it wasn't my fault. Will I still get money to help pay my bills?
A: It is best that you contact an attorney. There may be a number of insurance policies that provide benefits. You may be covered by a policy of another in your household. Additionally, if the other driver was at fault, and you were not contributorily negligent then the other driver may be liable for all damages including all medical care, as well as pain and suffering, etc. There are time limits so do not delay.
Q. If an engagement is broken due to the man's actions, does the woman keep the engagement ring?
A: Probably yes. The issue is controlled by the law of contract. Based upon your contention, the man breached the agreement based upon his actions choosing drugs over you. In Virginia, in order to maintain an action of detinue, a plaintiff must prove: (1) a right of property in the property sought to be recovered; (2) the right to the property's immediate possession; (3) the property must be capable of identification; (4) the property must be of some value, ''and (5) the defendant must have had possession at some time prior to the commencement of the action. See Vicars v. Atlantic Discount Co., 205 Va. 934, 938, 140 S.E.2d 667 (1965); Lee v. Park, 73 Va. Cir. 219, 235 (2007). In the case of Peter v Langley, a judge in Loudoun County explained that where neither party was at fault the ring should be returned. Virginia Code Ann. § 8.01-220, otherwise referred to as the Heart Balm Act, prohibits actions for breach of promise to marry. This statute has been interpreted by some Virginia circuit courts to prohibit the return of property given on the condition of marriage. See Georgalas v. Kilgore, 73 Va. Cir. 34 (2006) ("There is little question this action simply seeks damages incurred as a result of a 'breach of promise to marry.' As such, there is no cause of action as it is barred pursuant to Virginia Code § 8.01-220."); Holmburg v. Ferrell, 69 Va. Cir. 348 (2005) (denied plaintiff's request for return of a vehicle given to defendant on the condition of marriage pursuant to Virginia Code Ann. § 8.01-220). Despite the foregoing, this Court finds that the intention behind that Heart Balm Act was not to prohibit the return of engagement gifts. Rather, this Court follows the majority view that Heart Balm Acts "go no further than to bar actions for damages suffered from loss of marriage, humiliation, and other direct consequences of the breach and do not affect the rights and duties of the parties relative to gifts passing between them, which are determinable by common-law principles." 44 A.LR.5th 1, 11 (1996).
Q. My sister-in-law died August 30, 2015. She had no will and lived with my wife and me for the past 9 years.
A: There are two groups of people that have an interest in the estate. Her creditors and her heirs. The law explains how such an estate may be handled. Small estates (less than $50,000) may be handled in accordance with Va. Code §64.2-600 & 601 http://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-601/ That the Designated Successor shall have a fiduciary duty to safeguard and promptly pay or deliver the small asset as required by the laws of the Commonwealth. (Translation: The designated successor should pay all lawful bills of the deceased including the funeral expenses and taxes and after paying those bills should distribute the balance of the estate to the people designated in the will, or if no will to the intestate heirs) Here is a copy of the form needed: http://www.norfolkcircuitcourt.us/wp-content/uploads/2015/06/2015_SEAA.pdf
Q. My question is about real estate investing in Virginia. Specifically loaning money for the purpose of flipping houses.
A: 1st - you should make the check payable to both. Assuming you failed to do so, what is the consequence? You would have to contend that making the check payable to only one was still compliant because the one was acting as an agent for the other as well. 2nd - hand delivery instead of mailing is not going to be considered a "material breach" as the party obviously received the money. The last question is not at all clear. It is advisable that a business or person retain records of loans made or paid for as long as the statute of limitations is operative, for any claim that the loan was not paid or any issue arrises over the transaction. Generally speaking the deed should be recorded at the court house where barring a civil war that burns the court house to the ground with its records, a EMP or similar disaster, the record becomes a permanent record available to the public.
Q. Trying to sell my father's home, his will now probated left home to 9 children. One died within 60 days of my father.
A: Not necessarily. The house belongs to 9 children. One of those children died (you don't say whether before or after your father's death). If the son died before your father, assuming that your father's will provided that any share to a predeceased child goes to his children ("per stirpes") then that son's children own 1/9 of the house. If on the other hand, the son died after the father, then his share goes according to that son's will or if without a will to the intestacy laws. This second scenario is probably what you are dealing with. So until his will is probated or it is determined who owns this son's interest, you are missing a needed signature on the deed. A messy way around this problem is to ask the court to partition the property. The deceased son's heirs will be necessary parties, but you should not have to wait for the deceased son's estate to be probated. Your question is listed under the Virginia law section, so I have no idea why the title company is stating that the brother's estate must be probated in Florida when he was a Nevada resident.
Q. I own my house. I married last year and did not put my husband's name on the deed. I now want to get some equity out.
A: Yes. But if I am correct, there is more to your question. In the event that your current marriage ends by divorce how will the house be treated? The equity in your house at the time of your marriage will be considered your sole and separate property. Taking that equity out and using it will of course result in the loss of the sole and separate property, unless it remains separate and traceable. Marital money (money acquired during the course of the marriage) used to pay the mortgage will be considered marital property whether or not he is the co-borrower. In the event that your marriage is strong and will last, you loose a potential protection by not turning the property into property that is held as "tenants by the entirety" or "joint with the right of survivorship" One Virginia court explained the benefits as follows: If such a tenancy by the entirety in the fee existed, neither the husband nor the wife could subsequently force a partition; neither party could by his sole act convey his interest and bring about an immediate severance and conversion to a tenancy in common; and the property so held would be immunized from the claims of the individual creditors of each spouse. ( Burroughs v. Gorman, 166 Va. 58, 184 S.E. 174; Allen v. Parkey, supra; 2 Minor, Real Property, § 854). Thus if the husband should be engaged in a speculative business enterprise which turned out badly, forcing him to go into bankruptcy, the property held by the husband and wife together, would not be subject to the claims of his creditors. Moreover, the judgments of the individual creditors of either spouse would only be leviable upon the respective spouse's interest if and when he or she should survive the other, and, in the meantime, the husband and wife could convey the property so held to a third party, who would take it completely free from the claims of the individual creditors of the husband and wife.
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Contact & Map
Thomas H. Roberts & Associates, PC
105 S 1st St
Richmond, VA 23219
USA
Telephone: (804) 783-2000 Ext. 105
Hull Street Law, a division of Thomas H. Roberts & Assoc PC
1010 Hull Street
Richmond, VA 23224
USA
Telephone: (804) 230-4200
Fax: (804) 230-4300