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1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for Kansas on
Q: I signed a contract to sell inherited land once probate was done and land put in my name, would it go to an estate acct?

My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2022

Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.

Or, the property can be sold by the estate while still in the estate, in which case the sale...
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1 Answer | Asked in Contracts and Employment Law for California on
Q: Do sick hours roll over into the new year?

I signed a contract I think last year with an updated sick hour policy that said that hours do roll over into the new year and we get 24 hours of sick pay with a max cap of 48. I got sick at the beginning of this year and was told that I don't have any hours yet because the law changed so the... Read more »

Brad S Kane
Brad S Kane answered on Jan 25, 2022

It appears that your employer is violating California law by saying that your accrued sick leave does not roll over in the new year. The law allows no roll over only if you are provided a minimum of 3 days at the start of the new year.

California Labor Code 246(d) provides that:...
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2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: If you are fairly certain that a seller lied on the disclosure form, is there any action you can take against them?

We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 24, 2022

It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »

1 Answer | Asked in Contracts for California on
Q: Need help filing a answer to breach if contract. False allegations
Yelena Gurevich
Yelena Gurevich answered on Jan 24, 2022

For an attorney to help you file an answer, you will need to call attorney's office, have a consultation, and hire the attorney. Answers are due 30 days from being served so time is of the essence.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law on
Q: Hi can i kick my housemate out?

•I am the only legal Tenant of the property as I signed the contract

I have an occupier living in my rental home. The person and I lived together for around a year but her name is not on the contract. She has not payed 3 weeks worth of rent and also rejected to pay the bills. Is it... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, a renter may evict a roommate or other person whom is not on the lease. Before you can initiate eviction proceedings, you will need to give them written notice and they must refuse. Once this phase is completed then a dispossessory action can be filed at the county's... Read more »

2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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2 Answers | Asked in Consumer Law and Contracts for New Jersey on
Q: Hi, I took a personal loan from an acquaintance and was recently ordered to repay the amount in full through in court.

I have reached out to the lender to repay the loan in full, in exact accordance with the judgement/court order. However, the lender is not accepting payment. They are just not responding. Is there a point where the debt can be cancelled due to not accepting payment in full or refusing to comply... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2022

Debts just do not get magically canceled. If it is appropriate and cost-effective you should simply file for bankruptcy, but that cannot be determined here. The creditor is under no obligation to take payments, but will almost certainly serve you with an information subpoena. You can have a secure... Read more »

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1 Answer | Asked in Contracts for North Carolina on
Q: Paid dance tuition in full. Handbook states non refundable. Dance studio removed our family. Refusing to refund. Legal?

Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... Read more »

1 Answer | Asked in Contracts for Florida on
Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... Read more »

Linda Liang
Linda Liang answered on Jan 21, 2022

If there is no provision in the contract about this fee, you are not obligated to pay.

3 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.

Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2022

I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the... Read more »

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: our apartment lease ended on 1/26/21. i emailed landlord on 1/23/21 and asked to renew one additional month. apartment

typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 19, 2022

An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I listed my home for sale, signed an agreement and now am having second thoughts. Can I back out?

The buyer is an investor and is paying cash.

Mark Scoblionko
Mark Scoblionko answered on Jan 19, 2022

You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.

1 Answer | Asked in Contracts and Probate on
Q: Can consideration be money paid to copy documents to a third party with no benefit to seller?

My dad offered to sell his land for $150,000.00 by a hand written letter to a buyer. The buyer days later met dad at a location and offered to pay $5 to copy some documents because my dad had large bills on him. A sale agreement is now being produced by the buyer stating that he paid $5 as... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

It is up to the buyer to try to sue for specific performance of the handwritten contract. It will be difficult as the Dead Man Statute now takes effect. Hire an attorney to review it and give his opinion on the risks, but it is probably negligible. It will also be difficult for him to... Read more »

1 Answer | Asked in Contracts for Florida on
Q: My lease went into eviction status here in Florida. However , I received help from a program ERAP which covered

The balance on the account. My lease is up in April and is covered until then. I just began new employment and my landlord told me my lease is not renewable. Is there a way to fight this?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 18, 2022

Landlords are not required to renew leases. It is very possible your landlord is planning on selling the property while the real estate market is hot and prices are high.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Buying a new car at MSRP, - the dealer tells me there is also a mandatory non-negotiable $2000 extended warranty.

I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »

Gary Lane
Gary Lane answered on Jan 18, 2022

I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!

1 Answer | Asked in Contracts and Banking for Florida on
Q: Can car companies add a “market value increase” charge on my car buyout that is not in my original lease contract?

I recently went to my dealership to purchase my car and pay the rest of the lease off. The object was to not have a car payment any more. My husband and I estimated my total buyout and everything to be around 15,000 since my residual value is 11,000 and I still owe 2000 in lease payments plus tax,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 18, 2022

Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.

However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer...
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