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?
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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?
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 »
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.
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.
I... Read more »
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
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 »
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 »
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 »
Especially when the place is falling apart
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 »
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 »
THE ANSWER TO YOUR QUESTION WILL DEPEND ON THE FACTS AND THE TERMS OF YOUR CONTRACT, AND IS NOT SUSCEPTIBLE TO A QUICK AND EASY ANSWER ONLINE.
YOU SHOULD IMMEDIATELY CONSULT WITH A COMPETENT REAL ESTATE ATTORNEY FOR SPECIFIC ADVICE!!
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.
What is your question?
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.
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 »
Advice provided.
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 »
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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