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1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Without looking at the agreement, it's hard to tell, but this sounds like an agreement that runs with the land, so you're bound even if you did not sign it. I suggest you start sending your neighbors bills for the water usage, and negotiating an appropriate rate for their usage, rather... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If I have a contract to buy a house in Texas and the owner dies before deed is prepared by title company, what happens?

Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.

If the closing date has already passed, and...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: foreeclosured in 2014 butr now 10/21/2020 i recieved a lein release it was paided off dont they owe compensation for 5 y

i havent been in home since 6/23/2015 i was evictied after forclosure 5 years of homelessness me and 3 children they sent me a release of lien 10/21/2020. i want compensation for the loss of home and all punitive damages. but dont know how to start a case and can move back in but its in a hoa... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, there's nothing in your post that suggests that the foreclosure or eviction were done improperly. You can't sue for damages due to the loss of the house unless the foreclosure was done improperly. In addition, such a suit must be brought within a maximum of 4 years (the time... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "without cause" to have more employment protection rights?

Most private contracts with private employers are "at-will"

which means the employer or place of business can terminate you

for any reason at any time. I want to change an at-will contract with my employer

to put me on a more even playing field. Almost like a... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, an "at-will" employment is the same as "without cause," so there's no benefit to trying to change the arrangement, because it won't give you any more rights.

If you are in a management position, your employer Might consider entering into an employment...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

2 Answers | Asked in Contracts for California on
Q: Car loan. Biggest mistake I could have made. Now I need advice on which way to go.

My situation is about a vehicle loan. I opened a $3,000 loan on my vehicle in 2018. I havent been able to pay it off. I am charged $400 every month for the interest. I want to get a better car for my family. I don't know what would happen of I let the car go and they take it. Will I be... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2020

you will remain liable on the debt whether you are in possession of the vehicle or not. If you give the vehicle to the creditor, they can sell it but whatever difference between the sale price and the money owed on the loan you will still be liable for. You can try to refinance the vehicle, or... Read more »

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1 Answer | Asked in Contracts for North Carolina on
Q: Does the seller of a home have to reduce the selling price if the appraisal is less than the offered price?
Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

No, but frequently the offer to purchase has a clause that allows the buyer to back out if the house appraises less than the offer.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Ohio on
Q: Can I back out of estate contract?

Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)

Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)

Nov 18th: I was cleared to... Read more »

Aaron Epling
Aaron Epling answered on Nov 23, 2020

If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.

If the seller is able to close by then, you can still terminate the contract if you want. This...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Contracts on
Q: Do modern courts consider as actionable in courts intentional wrongs even when there is a preexisting contract?

Do modern courts consider as actionable in courts not only acts or omissions attended by fault or negligence but also intentional wrongs even when there is a preexisting contractual relation between the parties?

Tim Akpinar
Tim Akpinar answered on Nov 21, 2020

The short answer is that they could. But this is a broad question it is difficult to offer a universal and unequivocal "yes" or "no" answer - the answer would depend on the context and specific set of facts. In some settings, intentional wrongs that go beyond a person's... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

Read more »

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: If my credit report says my auto loan is closed but finance company is harassing me can I walk away from car?

Can I walk away with no obligations in Ohio? It clearly states account is closed and the harassment and interest rate alone may kill me and cat is falling apart. I need nee car ASAP. Please help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2020

1. FYI, your credit report status has nothing whatsoever to do with your auto loan status.

2. The lender can continue trying to collect from you until you pay off the car loan.

3. And finally, "walking away" will do no good either.

Again: You still owe the...
Read more »

1 Answer | Asked in Contracts for California on
Q: 33 months passed, and we just fired our contractor, after he did not complete a 6 month remodel. 17K was overpaid to

him, which we asked for him to return in our termination notice. Now, Do I need to give him any time to pay back that money, say 5 days before I file a complaint with the CLB? Or do I go ahead and file, show proof of the overpayment, I just don't want him to say he didn't get a chance to... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on Nov 19, 2020

It always looks better to the judicial officer if the plaintiff tried to resolve the dispute, in a reasonable way, before filing a lawsuit. This dispute sounds significant enough that it would be worthwhile to get legal advice, especially if the work was substandard.

Please check if your...
Read more »

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »

2 Answers | Asked in Contracts for California on
Q: Do I have to sign escrow papers to sell my prop? Terms diff than I thought when I accepted offer.

I didn't read fine print in offer. now Don't trust my realtor. Not transparent. Supp to be "As is". not suppose to clean prop but requiring me now. Not suppose to include mineral rights but now realtor won't reserve for me, not suppose to have contingencies but now many and... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 19, 2020



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1 Answer | Asked in Contracts for Kentucky on
Q: I need a lawyer to change the name of a House deed and to obtain the release from my mortgage company. It is paid off.

The house was paid off 5/2020 and they have yet to release the deed. The deed however is in my former name and I need to switch the name over to my current married name put my husband's name on the deed as well.

Timothy Denison
Timothy Denison answered on Nov 19, 2020

What is your question?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Kansas on
Q: Rental car>Bad Tags>Pulled over>Charged with FIP>Car Impounded>Jailed

Rented a car and was pulled over due to bad tags. Children's mother forgot firearm. Now being charged with felon in possession. I thought my car was supposed to have valid tags. Now facing multiple felonies.

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

A Kansas attorney could advise best, but your question remains open for three weeks and time is of the essence in your actions. Reach out to a Kansas City criminal defense attorney, or if qualifying based on need, you could look into whether you are eligible for a public defender. Good luck... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2020

You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... Read more »

1 Answer | Asked in Contracts, Admiralty / Maritime and Intellectual Property on
Q: Will DOG LATIN syntax void a commercial offer from from your quasi courts?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

Courts are not too concerned with syntax. The emphasis is more on substantive legal issues, such as naming the parties, identifying the goods, including prices, timeframes to accept offer, forms of acceptance, etc. Good luck

Tim Akpinar

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