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1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
Michael Ray Smith answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... Read more »

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Michigan on
Q: I was emotionally harassed by an advisor for sending emails and asking too many questions.

I was looking for options I can have to change my minor. But during the advising meeting I was denied to ask questions and they said they do not care what I choose. I was denied to ask any further questions on the topic and was insulting experience for not knowing what to do even as an... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 16, 2022

What is your question? It sounds like your best course of action would be to address this issue with your university. Perhaps to the head academic advisor or to a dean of students. Many universities also have departments and deans specific to international students.

1 Answer | Asked in Contracts and Personal Injury for Michigan on
Q: How can I create a DPOA for someone who is mentally incapacitated in Michigan?
Brent T. Geers
Brent T. Geers answered on Jan 16, 2022

You can't create a DPOA for someone who is now incapacitated. These documents require capacity (e.g. knowing what you are doing and signing). Once incapacitated, you'll need to look into a guardianship.

1 Answer | Asked in Contracts for New Jersey on
Q: I have an EIN number as a is a sole proprietory And DBA for my business with EO insurance. Should I change to a LLC?

With the EO insurance can someone still come after my personal asset that are attached with my spouse? The business services as a General Notary and Notary Signing Agent.

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

My advise is that you speak to a CPA to discuss the tax implications. Thereafter once a decision is reached an attorney can be retained to prepare the appropriate documents for filing.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.

I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »

Jane Kim
Jane Kim answered on Jan 15, 2022

It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.

1 Answer | Asked in Contracts for Ohio on
Q: I am interested in becoming a lawyer - which courses can I take now that would show me what law school is like?

I am interested in becoming a lawyer. I am highly intelligent and can do just about anything I put my mind to. My question is this: which courses can I take now, in college, that will show me what law school is like? I am very good at language and comprehending all things linguistic - that has... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 15, 2022

I recommend calling up the Dean of the law school and telling him your situation and ask if you could sit in on a law school class or 2 to see if you would still be interested in it. Law school classes are not lecture format like college classes are. It requires reading cases and then being... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a notarized document legally binding?

My daughter is paying off a car loan that is in someone else’s name. The other person said they will sign over the title once the loan is paid and they receive the title. I don’t want her to pay off the loan and the other person get the title and not transfer to her. They then will have a free... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

She needs to have the other person sign the car over to her, and she pays for her own car. The best way is for her to buy the car loan, as it were, by getting a loan in her name. Yes, a document that is under seal is binding, but the wording would have to be clear and even then if the person... Read more »

1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 12, 2022

Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a... Read more »

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1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

1 Answer | Asked in Contracts and Employment Law for Connecticut on
Q: Do I have to give required notice prior to leaving during contract transition period?

My hospital contracted our physician group to a physician provider company. As a result, I was entered into a contract with this company but soon after hospital decided not to move forward with the company. Administration informed they are in the process of transitioning the contracts back to the... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

Not enough information is provided to answer your question. You should contact an employment attorney in your area to review your original contract with the hospital, as well as the new contract you signed with the physician provider company. The language of the contracts will dictate what your... Read more »

1 Answer | Asked in Contracts for New York on
Q: I believe that my current firm is in breach of contract. And that I may even have a case for a hostile work environment.

I was placed on a job in NYC. The firm that pays my expenses has been weeks behind. And I also learned they don’t reconcile. In addition, when I gave my notice. They told me I had to move to remote. With only a few days warning. I came down with Covid. And they are not paying my expenses. Even... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2022

I'm sorry your question remains open for three weeks. You could try reposting and adding Employment Law as a category. There's no guarantee all posts ultimately receive an answer, but the additional category could improve chances for response. If still no response, you could reach out to... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Contract Fraud - Can I be sued for misrepresentation/contract fraud even tho I printed a disclosure on the contract.

Worked as Unlicensed Contractor, and printed disclaimers/disclosures of "NOT A LICENSED CONTRACTOR" on all Quotes and Invoices. The Plaintiff/Customer claims he was unaware that we weren't licensed. Sent customer 3 quotes and 3 invoices all with the disclosure printed on them. I... Read more »

James A. Greer
James A. Greer answered on Jan 10, 2022

Dear Unlicensed Contractor: You asked if you can "be sued for fraud" for having operated without a license despite placing "disclosures" of such on your invoices. Unfortunately, making "disclosures" on your paperwork does not obviate the requirement that you have... Read more »

1 Answer | Asked in Banking and Contracts for Maine on
Q: I have a title to a truck with no lein holder on it, bought trk from dealer bank financed, do I own it

Trk is bank financed I've made one payment

Fred Bopp III
Fred Bopp III answered on Jan 9, 2022

I cannot answer your question without more information. For starters, what do you mean by "with no lien holder on it"?

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