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4 Answers | Asked in Divorce, Contracts, Employment Law and Family Law for New Jersey on
Q: Disagreement with marriage settlement agreement and withdrawal for legal fees.

My husband wants a divorce through a marriage settlement agreement (MSA) that I disagree with. The MSA is in a rough draft and hasn't been officially served through the court system. I am currently allowed to withdraw from a deferred compensation for legal fees, which he seems to be targeting... View More

Richard Diamond
Richard Diamond
answered on May 1, 2025

To hire counsel, your husband paid a retainer. Presumably, he took the money to hire counsel from an account in which he has an interest (unless he borrowed the money from someone). For you to hire counsel, you will also need to pay a retainer and presumably, you will need to take money from an... View More

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1 Answer | Asked in Contracts, Landlord - Tenant, Probate and Real Estate Law for Alabama on
Q: Locked out of deceased brother's house, seeking legal actions to regain access.

I lived with my brother in his house under a verbal agreement before he passed away. After his death, his children locked me out of the house, claiming ownership rights. I want to know what legal actions I can take to regain access to the home, considering my verbal agreement with my brother.

James Blount Griffin
James Blount Griffin
answered on May 1, 2025

This is complicated. In real estate, all rights and interests must be in writing- from leases to deeds to liens to easements. Nonetheless, because you are family, you might be able to claim an "equitable interest" in his property. Thus, standard eviction procedures might not work... View More

2 Answers | Asked in Contracts and Collections for Hawaii on
Q: Co-signer auto loan: borrower missed 14 payments, I'm paying. Legal options?

I am the co-signer on an auto loan, and the primary borrower has missed 14 payments. As a result, I am now responsible for making the car payments to avoid further financial consequences. What legal options or actions can I take given this situation?

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 30, 2025

Legal action as far as who? You have no recourse against the lender. You may have a legal recourse against the other borrower if, as a general rule of contract law, you can prove there was an agreement between you two that the other borrower would be responsible for the payments and would hold you... View More

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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can my mom transfer house title to me without my dad's approval in Texas?

I am currently living with my mom in Houston, Texas, and helping pay off a house owned jointly by her and my dad, although the mortgage is under his name. I've been contributing to the mortgage payments for the past seven months. Both my parents agree to transfer the house title to me, and I... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

Absent unusual circumstances, both parents need to agree and, most likely, the lender will either have to approve the transfer or the mortgage will be accelerated and become due and payable in full to the lender as a result of the title transfer.

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Am I liable for previous debts if added to a sole proprietorship's assumed name certificate after being an employee?

I am currently named on an assumed name certificate for a sole proprietorship. However, prior to this, I was merely an employee of the business and did not sign any agreements or contracts regarding the company's debts. Am I liable for any previous debts of the company?

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

A sole proprietorship (i.e. a d/b/a) is not a separate and distinct legal entity from the natural person who is the owner of the assumed name. It is a natural person (i.e. the sole proprietor) conducting business under an assumed name. So there is no "company" or "company... View More

2 Answers | Asked in Immigration Law, Contracts and Employment Law for Illinois on
Q: Should my wife disclose her EAD status to her H1B cap-exempt employer?

My wife, who is on an H1B cap-exempt visa, is a dentist married to me, a U.S. citizen. She recently obtained her EAD through me, and she wants to resign from her H1B cap-exempt position. Her employment agreement does not mention any obligation to disclose her EAD status. She currently lives two... View More

Nkem T. Uzoka-Anofienem
Nkem T. Uzoka-Anofienem pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2025

Whether your wife should disclose her Employment Authorization Document (EAD) status to her H-1B cap-exempt employer depends on several factors, including company policies, immigration implications, and personal preferences.

Here is the key consideration:

Legal Requirement: There...
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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Can an Instagram agreement enforce a $1,000 cancellation fee for a high school student?

I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:

First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old....
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1 Answer | Asked in Real Estate Law, Contracts and Business Law for New York on
Q: Who provides the short sale approval document at closing?

At the closing for my short sale, there was no document stating that the short sale had been approved, even though the bank's loss mitigation department told me it was pre-approved. The real estate attorney affiliated with the agent I dealt with was meant to represent me, but I insisted on... View More

Carl Nelson
Carl Nelson
answered on Apr 28, 2025

Since you already have an attorney the proper person to address this would typically be your own attorney. Since no one on this forum has been privy to the details of this deal, we cannot give you better information than those who have been privy to it.

It is ultimately the seller’s...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Texas on
Q: How can I proceed legally for a refund delay from a TikTok purchase in Texas?

I purchased a robot vacuum from TikTok, and it didn't work. The seller, upon my request for a refund, instructed me to return the product and promised I would receive the refund within 10 days. However, it's been over two months, and they now claim to be waiting for an answer from the... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

You can file a small claims lawsuit against the actual seller. You will need to determine the actual legal name of the seller, if the seller is registered to do business in Texas, and who the registered agent for service of process is. If the seller is not registered to do business in Texas (and... View More

1 Answer | Asked in Contracts, Civil Litigation and Business Law for Ohio on
Q: Should I hire a lawyer for a civil court case against contractors who didn't complete the job as contracted?

I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More

2 Answers | Asked in Car Accidents, Contracts and Personal Injury for Florida on
Q: Law firm won't let me choose my doctor in auto accident case in FL, I'm in pain. What can I do?

I'm involved in an auto accident case with a law firm and have been visiting the doctors they recommended. Despite these visits, I haven't found relief for my pain. I wish to see a doctor of my choice, but the law firm is not allowing me to do so. In one instance, I paid for medical... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2025

The law firm may believe that for you to see the doctor they recommend may somehow increase the chances of a larger settlement or court judgment. But you can still see the doctor you want.

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2 Answers | Asked in Car Accidents, Contracts and Personal Injury for Florida on
Q: Law firm won't let me choose my doctor in auto accident case in FL, I'm in pain. What can I do?

I'm involved in an auto accident case with a law firm and have been visiting the doctors they recommended. Despite these visits, I haven't found relief for my pain. I wish to see a doctor of my choice, but the law firm is not allowing me to do so. In one instance, I paid for medical... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 28, 2025

Law firms often direct clients to specific doctors who understand injury documentation needs for legal cases. They may worry outside doctors won't properly document your injuries or might affect your settlement value. However, Florida law protects your right to choose your own doctor. Should... View More

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2 Answers | Asked in Gov & Administrative Law and Contracts for Florida on
Q: Does a board meeting qualify as "the next regular or special meeting of the association" under FL Statute 720.309(2)(a)?

Does a board meeting qualify as "the next regular or special meeting of the association" for purposes of Florida Statute 720.309(2)(a)? Our HOA holds member meetings only annually, but the board executed a long-term contract for bulk internet services with Comcast on April 16, to be... View More

Erik A. Perez
Erik A. Perez
answered on Apr 25, 2025

No, a special meeting usually refers to a special meeting of the members, not a board meeting. This is governed by § 720.306, Fla. Stat., and it typically involves homeowners/members being called together for a specific purpose (e.g., voting on amendments, removal of directors, etc.). Special... View More

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2 Answers | Asked in Gov & Administrative Law and Contracts for Florida on
Q: Does a board meeting qualify as "the next regular or special meeting of the association" under FL Statute 720.309(2)(a)?

Does a board meeting qualify as "the next regular or special meeting of the association" for purposes of Florida Statute 720.309(2)(a)? Our HOA holds member meetings only annually, but the board executed a long-term contract for bulk internet services with Comcast on April 16, to be... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 25, 2025

The statute provides any member at the next regular meeting or a special meeting may make a motion, it requires someone to second it and a majority of the membership present at the meeting would need to vote to cancel the contract. Not a majority of the membership, just those present at the... View More

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2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for Georgia on
Q: Can a will override a house transfer to a POA in Georgia?

My grandmother, who is still competent, put her house in the name of her daughter, who has power of attorney over all matters. However, she wants to leave the house to someone else in her will due to a strained relationship with her daughter. The house has been my grandmother's for 20 years,... View More

Kedra M. Gotel
Kedra M. Gotel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2025

Power of Attorney does not convey ownership. The daughter simply steps in the shoes of the principal(grandmother) for a specific amount of time. Upon the principal's (grandmother's) death, the property remains in the principal's (grandmother's) estate and if a Last Will and... View More

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1 Answer | Asked in Nursing Home Abuse, Personal Injury and Contracts for Ohio on
Q: Nursing home camera liability waiver implications in Ohio?

My mom is in a nursing home as a high-risk fall patient, and they've changed their rules regarding cameras in rooms. We were given a Release of Liability/Indemnification form to sign, which states that the facility is released from liability for all claims related to privacy violations from... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 24, 2025

The form release and indemnification essentially requires you to release the nursing home from any and all claims that may be brought against the nursing home resulting from the installation of the camera. Your mother may have an expectation of privacy within the nursing home room. If your mother... View More

3 Answers | Asked in Bankruptcy, Business Law and Contracts for New Jersey on
Q: Can I request removal and reimbursement for a delayed solar panel project?

I started a solar panel project almost two years ago, and the system was supposed to be operational by January 2024. However, the original company filed for bankruptcy, and my project stopped. A new company took over and began working to complete it, but they have not yet finalized the necessary... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2025

You need to retain an experienced civil litigation attorney. I have successfully handled a significant number of these cases. The typical situation is that one company sells the solar panels and a different company installs them. Realistically the average Defendant Solar panel company that sells... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Apartment uninhabitable after fire; charged rent despite not accessing unit. Legal steps to address this?

I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 23, 2025

Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Does a company have to honor a refund after sending confirmation?

I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More

Patrick A. Twisdale
PREMIUM
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answered on Apr 23, 2025

Whether the company must honor the refund may depend on whether a binding contract was formed, which typically requires offer, acceptance, and consideration. If the refund was simply a voluntary promise without any action or agreement from you in exchange, there may be no enforceable contract due... View More

3 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Neil Pedersen
Neil Pedersen
answered on Apr 23, 2025

Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.

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