Get free answers to your Contracts legal questions from lawyers in your area.
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More 
answered on Mar 12, 2025
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney... View More
I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More
I received a refund check for an escrow overage from my mortgage company in August of last year. This was issued before they paid our taxes, leading to a negative balance in the escrow account. Now, they are increasing our monthly payments by over $1500 to cover a $10,000 shortage. We didn't... View More
answered on Feb 27, 2025
Who is 'responsible'?
That depends. Is the accounting accurate and did you receive the money refunded?
Then YOU as the property owner are ultimately 'responsible' to pay the taxes.
Unless the company misapplied the funds or didn't actually refund... View More
I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More
answered on Feb 27, 2025
No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More
I am an 18-year-old and had a joint account with my parent. My parent took over $500 from the account without my consent. Although the bank advised me to open a new account solely in my name, I did not give my parent permission to use the funds after turning 18, and there was no agreement regarding... View More
answered on Feb 20, 2025
Banking law prevents you from suing the bank for honoring the request by a joint account owner for money from the account. I don't believe that a joint account owner commits a crime by taking money from the account that is legally his money. That leaves two questions: 1. Could you sue... View More
I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More
answered on Feb 19, 2025
If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.
The criminal matter should be referred to the police. You could sue him based upon the threats of arson... View More
I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More
answered on Feb 19, 2025
OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?
I concur to the extent there are threats of criminal activity, you need to contact the... View More
I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More
answered on Jan 29, 2025
The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More
I have a written contract
answered on Dec 23, 2024
The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024
This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.
AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024
… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More
The agreements were one for the farmland and one for the farmhouse back in 2012 and 2013. Both have given monetary consideration but no expiration date (grandfathers death triggered the option). Both options are for purchase prices far below market value. Also, the optionees on the land deal are... View More
answered on Nov 23, 2024
Without seeing the actual paperwork it is impossible to provide any real advice but
1) If there was 'consideration' given
2) if the agreement was in writing
3) if the other conditions have been met
and
4) if the other party (ies) are wanting to... View More
My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?
For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More
answered on Sep 5, 2024
The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More
So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.
Why the extra dollar did they use a bait an switch
On top of... View More
answered on Aug 9, 2024
Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More
May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses
answered on Jul 20, 2024
A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More
May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses
answered on Jul 16, 2024
If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.
First, you are dealing with a property insurance claim if this is related to... View More
A revocable trust is made by husband and wife.
A contract is signed by both stating no changes can be made to the trust if one dies.
Husband dies.
Wife creates a second revocable trust which changes the beneficiaries from 4 kids (3 of husbands) to the 1 child of the... View More
answered on Jun 14, 2024
They both could be legally binding. It depends on what the first trust says happens to the funds once one spouse dies (in this case, the husband died first). That trust could say "once the first spouse dies, everything goes to the surviving trust". If that's the case, then the... View More
My son signed a contract with Magic Window company to have gutters put on his house last year, May 2023. There was no date set for installation and no work has been done. The sales person did not contact them again until this month. The contract had a 3 day cooling off period. My son is now being... View More
answered on May 30, 2024
Let them. Did the contract indicate a start date? Arguably, pulling a permit is an indication the company intended to start. But what would explain the year-long delay beyond that? I think the deposit may be lost unless there is a showing of your son attempting to contact the company about... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.
Given the... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 18, 2024
In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.
While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
