I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... Read more »
You may very well be able to. The general rule is that an offer may be withdrawn before it is accepted. The devil is often in the details, so you would be well advised to have a consultation and document review with a qualified attorney, given the potential amounts in play.
Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »
In addition to Ms. Whitehurst's excellent analysis, it is important for you to have an attorney review the chain of title. Some significant questions are whether probate was necessary or undertaken, whether your uncle was executor/administrator, and whether the quitclaim deed was given before...Read more »
If you are talking about a guest staying with you, yes. A lot of leases do specify the limit to the amount of time a guest can stay. Usually it is a number of days in a given period of time, like "25 days per year" or "3 weeks every 6 months". Your first step needs to be to review your lease.
There is no time limit for what you describe. Ownership does not automatically change (except for death). Unless the other party agrees to transfer their interest, you will have to file a court action.
I won a small claims court case in the sum of $9150 several months ago and the defendant is refusing to pay me. How can I collect this payment or is there someone/some company that can help me attain this?
The courts do not "make" people pay judgements, but there are procedures you or your attorney can use. It helps if you are aware of the debtor's assets, like a bank account. If they own real estate you can file a lien. If they are working you can "garnish" their wages....Read more »
How you should proceed depends a lot on the terms of the trust. Without a review of the trust and an understanding of facts such as how many beneficiaries and their relationship, no lawyer can answer your question. A major consideration would be preserving the parent to child reassessment for...Read more »
No. Assuming you have a binding written agreement of sale, you can not breach the agreement simply because there is a pandemic. What "penalties" would apply, and whether your agreement is actually binding, are things an attorney would need to review with you.
Early this month my apartment caught on when I wasn't there. Fire department said it was an accidental due to my negligence. The landlord terminated my lease. He said was gonna keep my deposit and make an insurance claim on the unit. I understand all that. My rent was paid until August. When I... Read more »
If the cause of the fire was your negligence, you may have serious problems. If you have renter's insurance, turn this over to them immediately. They will provide a legal defense for you, and if you have enough coverage, they will pay any amounts you end up owing. If you do not have...Read more »
You must not ignore the summons. Turn it over to your insurance company right away, along with a copy of the form you filled out and turned in to the Department of Motor Vehicles when you sold it. Be sure not to miss any court deadlines.
How much rent, or for how long it is owed, is not connected to a landlord's right to enter the premises to show it. If a 3 day notice to pay rent or quit has expired, an unlawful detainer (eviction) action may be filed. A landlord may enter the property by following the procedures in...Read more »
The tenant sends me a text that they are coming to view the property. However she text me 30min-5hr before. Is she allowed to bring people to view the property and if so is there a certain amount of time she needs to give us before bringing people.
Yes, she can show the property to prospective tenants while you still live there, but you are entitled to written notice, and 24 hours is presumed a reasonable amount of time. If you want to insist on your right to proper notice, you should carefully read Civil Code section 1954:...Read more »
In a wrongful death suit, all people who are allowed to bring the claim must be made parties to the lawsuit, so the case can take care of all possible claims. If a party who qualifies does not want to be a plaintiff, they must be named as a nominal defendant. If you would rather be a plaintiff,...Read more »
We divided things up equally. Fast forward 10 years and we discovered he had a life insurance policy. They will not accept the trust documents as proof that I am the executor trustee of the estate. They will not discuss if there are any monies to be distributed to the estate. They say I must obtain... Read more »
There are at least a couple of options, although none are free. It appears that the policy was not part of the trust, so it is not surprising that they don't care who is trustee. If there is evidence he meant for it to be included in the trust, it may be possible to petition the probate...Read more »
My father passed away about 10 months ago. He was divorced from my mother. Recently, my mother asked me if we (my husband, our three kids, answer I) had received the trusts that he had set up. My father had never mentioned, to me, that he had set up any trusts. My mom has said that she thought he... Read more »
If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.