Hello,

Court visitors are charged with providing an independent assessment. The fact that the Court Visitor met with the attorney is not alarming and even not that unusual. Remember that the attorney is an agent for the person petitioning for the guardianship/conservatorship and the... View More

Hello,

I am sorry for the situation. I am not sure why, but I often see the executor stone wall beneficiaries. It sounds like you signed a waiver of notice or else everytime he filed something the Court would require that he also send you a copy if you are in fact a beneficiary. The... View More

I am glad that you are concerned about your father. It sounds like they are dealing with some of the common issues that come with aging.

When I hear this, it doesn't make me too concerned. They may be trying to do some sort of Medicaid planning or VA planning. The first questions... View More

Hello,

I am sorry for your loss. I am also sorry I am having a bit of trouble understanding your relationship to the decedent. Is he your wife's brother, or your sister's husband? I would imagine that he is your wife's brother because otherwise, your sister would stand in... View More

Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would... View More

If the elder sells the home, then taxes will be calculated by determining the gain on the sale of the home. In simple terms, the difference between the purchase price and improvements and the sales price. The difference would be considered a long-term capital gain. The good news is, is that if... View More

Animals are property. And I guess technically would fall under the "statute of frauds" that states that goods sold over $500 need a written contract in order to be enforceable. Was there a contract or some type of writing generated for the sale of the dog? Or was it a cash deal of... View More

Animals are considered property. She now has the animal, so I think that it would be hard to take it away from her. If you still had the dog you could have claimed the puppy "abandoned" and went through the process of changing ownership. Unfortunately, I don't think you can do much at this point.

There are two independent tests that you have to meet: the "use test" and the "ownership" test. You have to meet both of them in order to claim the exemption.

Ownership Test: This means that you have to have owned your home for at least 2 out of the last 5 years.... View More

First off, I am assuming your dad didn't have a will or a trust. If that is not the case, then we would look first to those documents to determine where his estate should be distributed.

I agree with Tyler Melling, the only thing that I would add, is that for any claim from your aunt... View More

First, let me say that I am sorry that you felt taken advantage of.

I don't think that it is ever good advice to ignore a debt and expect that it will just go away, so I wouldn't do that. In order to have a legitimate capacity defense for why the contract shouldn't be... View More

The problem here is that your father's will is really a disguised testamentary trust ( a trust created upon the death of the testator).

He is using language that suggests that there isn't immediate distribution. This is not typical of a will. This is typical of a trust. The... View More

Hi,

No, you can't deduct mortgage payments or interest on mortgage payments from your own personal taxes. If you are paying the mortgage out of your own pocket make sure you keep good records because you are entitled to reimbursement for all expenses you front the estate. So if you... View More

First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said... View More

I can't speak generally about these types of agreements, I would have to read the contract to give you a good answer. The terms of the extended warranty agreement will be in there. Look for the clauses that talk about termination of the agreement.

Sorry, I can't be more help.

Wes

The short answer is "yes". Will's are only valid after the testator (the person who makes the will) dies. Up until that point, they lie dormant. A power of attorney creates an agency powers that can be effective immediately. So if your sister's agency powers are effective,... View More

I am not sure if we are talking about two separate agreements. Are you asking if a Real Estate Purchase agreement is valid if the realtor fails to give the client a copy of the representation agreement? If that is the case then yes. The real estate purchase agreement will not be invalidated due... View More

Sounds super frustrating. I am sorry you have to deal with this. If the house was in both names do you know if the deed stated that you and your husband owned the property as Joint Tenants or as husband and wife? If so then you will just need to file an affidavit of survivorship and the title... View More

You are under no obligation to sign the contract. They could have fired you for not signing the contract, but that is/was their only recourse. What you offered was an illusory promise, " I will get around to signing it". In my opinion, they would spend a lot of money taking you to... View More

First off, the big difference between LLC's and S Corps are the way that they are taxed and the formalities that have to be observed. They both offer the same liability protection. Some attorneys may argue that LLC's are relatively new and because they are relatively new, the body of... View More