I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023
Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such... View More 
This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable.... View More
With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining... View More
My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes... View More
I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be... View More
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
In California, a Power of Attorney (POA) grants the agent (in this case, your daughter) specific powers as outlined in the document. If she is acting beyond those powers or misusing them, you have recourse. You can file a petition in the appropriate Superior Court alleging abuse of the POA and... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023
In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
If you divorce after at least 10 years of marriage, you may still be eligible to receive Social Security benefits based on your ex-spouse's record. Given that you've been married for 50 years, you meet this requirement. Typically, if you are already receiving spousal benefits, there... View More
My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.
He is bed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023
Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023
In California, if a tenant is locked out of their rental property without proper legal procedures, it may constitute an illegal eviction or "lockout." If the Temporary Restraining Order (TRO) was removed and the case dismissed, there should typically be no legal basis for preventing you... View More
answered on Sep 26, 2023
You need to supply a lot more detail to allow me to answer this question.
The best thing you can do is to prepare a chronological detail of all of the events. Identify all witnesses, and include their personal information like telephone numbers, etc. Assemble all of your documents, and... View More
…house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In California, assets passed via a beneficiary designation, such as a payable on death designation on a bank account, generally bypass the probate process and are not controlled by the terms of a will. Therefore, as the named beneficiary of your grandmother’s bank account, you would inherit the... View More
Im currently about to graduate . Just need some answers
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023
Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More
The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2023
In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore... View More
Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
You should not "drop off" a person with Alzheimer's for whom you are not responsible without ensuring that they are in a safe environment and in the care of qualified individuals. Abandoning a vulnerable adult could potentially expose you to criminal and civil liability under... View More
My grandma was Ill but functioning when she sold her house in Tennessee but her energy was low, my uncle offered to help her get moved out and situated in his home with his family who live in Sacramento. By help I mean put the title of the house into his name and sell it so the money was in his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2023
Under California law, if your uncle took advantage of your grandma and misappropriated her funds, this could be considered elder financial abuse. You may consider filing a report with the local Adult Protective Services or law enforcement. Additionally, seeking a civil action to recover the funds... View More
it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023
When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More
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.
