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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 2, 2022

A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

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1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Can an employer in oregon force you to buy out your contract when you make 50k a year, when breaking contract?

My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... Read more »

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Education Law for Kansas on
Q: Can I sue my University? I have a degree from this university, they are blocking my from applying for their jobs.

I earned a degree from my local university. I have not been able to get a job in my field and now after applying for 100+ jobs on their website over the last 15 years, their application portal will mysteriously not let me apply for anymore and nobody can figure out why. Can I sue them for... Read more »

Timothy Denison
Timothy Denison
answered on Jul 1, 2022

You’re going to need some in depth research and data to prove that the degree is worthless or that the university is blocking your efforts to find a job. May be a tough row to hoe.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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1 Answer | Asked in Contracts, Family Law, Child Support and Probate for Florida on
Q: How do I put a lien against my ex's grandmother's will?

She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 30, 2022

You don't. You hire an attorney, asap.

1 Answer | Asked in Contracts for Tennessee on
Q: I typed a persons name wrong on a contract. He singed/printed his correct name on the bottom of the paper.

Is this contract still valid? By printing his correct name and signing at the bottom he agreed that he noticed the error and is the party referred to in contact? It was Sumarriva vs Surmarriva sumarriva is correct nane

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2022

If either party starts executing the contract terms, then it is probably enforceable by either party despite the error. Are you trying to get out of the contract? What is your objective?

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I'm in Michigan. I was terminated off a general contractors job. Is it legal for him to hold on to my equipment?
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

No. There are no facts tgat yiu have provided that would support the general contractor’s holding onto your equipment. I would want to know more about the situation in order to evaluate the possibility that the general contractor has a justification for its actions.

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 29, 2022

I think yes.

Jack

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2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Is an email enough to modify the terms of a contract?

I am deciding whether to sign an agreement between myself and a bank for card processing services. The merchant agreement states there is an early termination fee, but I was able to get the bank to agree to waive the fee via email. If I sign this agreement as written but retain a copy of that... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

Your written agreement reflects final terms and would likely exclude any oral or written understandings outside of the written agreement unless incorporated by reference as an addendum or exhibit.

3 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I am a digital artist. Legally, am i allowed to use 'U.S. Army' on the art i am making, and intend to sell?

https://trademarks.justia.com/779/16/u-s-77916097.html

- The term U.S. Army will be used on a characters uniform i have drawn. - if i sell the art with that phrase on it, are there any legal implications?

- I need real, concrete answers

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 29, 2022

You appear to have done some of your own research based on the link you attached. To be absolutely certain you should contact them directly and/or sit down with an attorney who specializes in such matters. The second option probably the best since you could take a LONG time trying to get a... Read more »

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1 Answer | Asked in Contracts and Entertainment / Sports for Maryland on
Q: Hi! I was given an offer by a music company, and I wanted to know if this contract seems good before signing!

https://www.dropbox.com/s/5cohamsbl2j9z6y/BR%20Artist%20Development%20Platform%E2%84%A2%20Deal%20Kadence%20Brooks.pdf?dl=0

Scott Scherr
Scott Scherr
answered on Jun 29, 2022

You are going to need to consult with an attorney that practices Entertainment law to review the contract and suggest changes or warn you about any issues. You should expect an attorney to charge for his or her time. There are many good attorneys out there and you can look for one on Justia or... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »

1 Answer | Asked in Business Law and Contracts for Louisiana on
Q: I want to obtain and LLC for scrap metal recycling and a dismantlers license. What should i do?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 28, 2022

Not certain of your question --is it your want to purchase an existing LLC or you to form a LLC? That said, whichever it is, what you should do is start by meeting a business/corporate attorney to make sure whatever it is you want to do is in your best interests. If you are forming an LLC, is the... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... Read more »

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: The insurance company won't rehire me back as a 1099 contractor and wont release why.

I was hired by a TPA company called CRU as a 1099 adjuster. CRU contracts with a big insurance company called Citizens which is a state-run govt entity. CRU contracted me to run claims for Citizens as 1099 adjuster where CRU gets a part of the money paid to me from Citizens for each claim... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2022

Much of Citizens Insurance records are public record which must be produced pursuant to a public records request - see https://www.citizensfla.com/other-documents I don't know if records pertaining to hiring or contracting decisions are exempt from the public records law - that would take... Read more »

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Timothy Denison
Timothy Denison
answered on Jun 24, 2022

Absolutely!

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