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Questions Answered by Terrence Rubino
1 Answer | Asked in Real Estate Law for Indiana on
Q: Fence Placement - Property meets farm field - can fence be placed on the property line or does it need to be set-off?

There was a fence when we originally moved here 33 yrs. ago and we were told that was the property line. Fence was removed several yrs. ago and then 6 yrs. ago owner had land "surveyed" and said fence was 5 ft. off of property line and has put up stakes. Now this year he is taking out... View More

Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

having a problem with a neighbor is very frustrating. however the last thing you want is to have it escalate. your peace of mind is worth alot. it may be that the old fence was off line but since it is gone it shouldn't be an issue. re the trees, your remedy is to have your own survey but... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can my Neighbor legally have 2 fences up and not take care and weed either?
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

if you live in a municpality, there probably is an ordinance about grass and weeds. the municpality will have a code enforcement officer. years ago when i was a civil referee in the hammond city court, it was routine for the city to bring code violations for grass and weeds. hope this helps

1 Answer | Asked in Estate Planning for Indiana on
Q: A lawyer contacted me to tell me that there is over $20k unclaimed from my deceased mother - where are they finding this
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

he or she may the lawyer handling the estate. if your mom had an account with a trust department at a bank, it could very well be one of the trust officers. i serve on a board of directors that oversees a bank trust department and occassionally there are missing heirs that have to be found.the... View More

2 Answers | Asked in Domestic Violence for Indiana on
Q: In a domestic dispute can a Lieutenant from Louisville Metro Dept of Corrections come over and get someone evicted
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

a law enforcement office can have authority to carry out/enforce a court order, such as a protective order. it depends on the situation.

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1 Answer | Asked in Family Law for Indiana on
Q: My only escape (financially) from an abusive husband is to take my 9 yr old to my home state. Can this be done quickly?
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

i am sorry for your situation. indiana will be the state that has jurisdiction over your domestic issues. you need to consult with a lawyer in your county of residence preferably that does domestic work. if it is lake county our legal team has 2 lawyers, nicole keith and adam sedia, that are... View More

1 Answer | Asked in Construction Law for Indiana on
Q: On a construction project at what point does the owner or GC become responsible for materials installed in the building?

We as a company installed furnaces into an apartment building. After they were installed, a thief came in and cut out and removed the furnaces from the building. The Genderal Contractor and Owner are claiming that until the certificate of Occupancy is granted that we are responsible to replace... View More

Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

you shouldn't be held liable. once you install it, your responsibility continues as to any warranty re the furnace. you are not responsible for it being stolen. the general contractor is the one who has that responsibility as he has control over the site until the occupancy permit is issued.

1 Answer | Asked in Business Law for Indiana on
Q: Can a retiring partner get his capital back
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

it depends on what the agreement is. if it is a partnership, you need to look to the partnership agreement. if it is an LLC, the operating agreement and buy/sell ag govern. if it is a corp, then the by-laws and any buy/sell agreement govern.

1 Answer | Asked in Wrongful Death for Texas on
Q: Attorney fees for a wrongful death suit
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

some states, like indiana, have a provision for attorney fees in a wrongful death case. however most states do not and the fees and court costs come from the recovery usually as a percentage. you need to check with a lawyer in texas for the texas wrongful death law as it varies from state to... View More

1 Answer | Asked in Wrongful Death for Mississippi on
Q: If my lawyer stoped on my wrongful death case in 2009 can it still be reopened?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

if the statute of limitations is 2 years in miss. and the suit was not dismissed, you should be able to file. you need to get a miss lawyer preferably in the county or nearby county of where the wrongful death occurred.

2 Answers | Asked in Constitutional Law for Illinois on
Q: Do american constitutions apply to those living illegally in this country?

I was having a discussion with my parents about this issue and I wanted to know if it did or not

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

the US constitution and the illinois state constitution apply to every citizen of the state of illinois.

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1 Answer | Asked in Constitutional Law for Indiana on
Q: What parts of the constitution affects business?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

the safe answer is that most if not all of the constitution affects buisness. i would need a little more specifics. if you are asking about employment law, indiana is an at will state. this means you can fire any employee for any reason so long as it is not for a constituitionally protected area... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: How do courts determine reasonableness in case by case ?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

it is usually a discretionary determination by a judge or a jury. it is oftern referred to as the "reasonable man" standard, i.e., what would a reasonable person do under the same or similar circumstances. there is rarely a statue that defines reasonableness but sometimes there are court... View More

1 Answer | Asked in Libel & Slander for Indiana on
Q: If someone tells another person false acquisitions is that slander?

I Was told about a text that stated I vandalized a persons car when I have proof of where I was can I press charges for slander? Im a server and this could hurt my reputation.

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

defamation is the publication of something untrue about someone else that causes damage. slander is doing it verbally and libel is doing it in writing. there are some things, if untrue, for which damages are presumed such as commission of a crime. therefore you might have a civil case for money... View More

1 Answer | Asked in Legal Malpractice for Indiana on
Q: I hire a lawyer, friend asks questions to lawyer, lawyer answer his questions is this a breach of contract?

I hired a lawyer, my friend was present at my meetings, i was never advised of my rights under the attorney client contract my friend asks questions to my lawyer about my case my lawyer answers them is this considered a breach of contract

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

communications between a lawyer and a client are confidential. if you had a friend sit in with you and your lawyer then that confidentiality is waived as to that meeting. any questions answered by the lawyer to the friend at that meeting is acceptable.

1 Answer | Asked in Car Accidents for California on
Q: My car was hit and I was injured by an employee driving customer's car. Who is liable, the car wash or customer?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

the customer's car insurance will be primary as the attendant was a permissive user. the car wash insurance will be secondary.

1 Answer | Asked in Car Accidents for New Jersey on
Q: If I injure someone while driving, would they be able to sue me for just the equity I have in my house or all of it?

Just updating my automobile insurance liability limits and want to ensure I don't overbuy or underbuy...

Thanks!

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

if you cause an accident and the damages you cause are greater than your liability insurance limits, you are subject to garnishment of wages, attachment of property held in your name and depending on the state in which the asset is located possible attachment of your share of a jointly held asset.... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: In Indiana, I need to know what the laws says about an auto diminution in value claim. How to calculate.
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

assuming the question is how is the damage to my car determined in an accent case, if it was totalled, the standard is the price that a willing seller would accept from a willing buyer. insurance companies often want to use various different appraisal services to justify a lower amount. if the car... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: If you are a S-Corp how can a lawyer pick one owner out (there are 3) and personnally name him in a lawsuit?

There is a email stating that he just decided to name him....no reason.

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

assuming that the shareholders have maintained the corporate identity, none of them are individually responsible for the corporations debts unless they personally signed or guaranteed the debt. if a shareholder is wrongfully personally named, that is subject to being dismissed.

2 Answers | Asked in Civil Litigation for Indiana on
Q: Mt attorney is claiming he has filed for me Why can't I find It?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

some counties here in indiana have an online docket and it is fairly easy to find if your case was filed. some counties do not. in those counties the only way is to either call the clerk of court or go to the clerk of court offices and inquire. usually the clerks are pretty cooperative and will... View More

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2 Answers | Asked in Real Estate Law for Indiana on
Q: A neighbor's tree fell on my home. Who pays to remove it and dispose of it properly?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

the easiest and most direct way is to contact your homeowners insurance agent. he/she will get the claim process going. however you probably have a deductible on your homeowners. if the cost to remove is not significantly higher than your deductible then you may want to contact the neighbor's... View More

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