Questions & Answers

Can I sue my landlord?

Additional  Information: My landlord knew there were bed bugs going around the motel and failed to notify us. I was being eaten alive by them. She told us it would be a 3 1/2 hour process and we would be fine. Then when I was at work I got a phone call saying i wasn’t allowed in my room for 2 days! And I had everything in my room. My lap top, my tooth brush, my

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I have a 25 percent share in a property in Mass which is not my primary residence nor a rental. It is on the market now.

Additional Information: What are the tax implications when it sells? Thanks in Haverhill, MA ATTORNEY ANSWER: Assuming you have owned the property for over one year, and given that you own a 25% interest in income property, you would have to pay capital gains tax on the difference between your net gain(after capital improvements, costs of sale i.e. broker’s commisssion)–the current applicable Massachusetts capital gains tax is five percent (5%).

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I suspect that while my mother was in her final days while on heavy medication a new will was drawn and signed under duress.

Additional Information: How can I obtain information from the probate officer about whats going on. I live in Florida and my mother died in California. I found out that these people that brought in a new will changed the assets from my mother prior to her death. What options do I have? ATTORNEY ANSWER: Sorry for your loss. Even though you are a resident of Florida, I assume your mother was a resident of California at

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Can I sue the company breach the contract?

Additional Information: We signed a contract with an after school this May. Our family financial situation changed due to unemployment in August, which is beyond our control. We discussed this with the director to work out a best solution, not terminate the contract. We agreed on the phone on August that my daughter would stay in the after school program until a replacement is found. But on the first day of school, we found out that

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In 2008, I signed a lease with a guarantor. My roommate and I never renewed it. Is my guarantor still responsible to pay?

Additional Information: My roommate sublet his room which was against the lease, but he worked out a verbal agreement with the landlord. The subletter missed 4 months of rent and left. My guarantor is now being sued for his rent. My roommate and I never renewed the lease for 2009-2010. The landlord gave us the 2008 lease with the dates crossed out and “2009-2010” written in. Our signatures were already on it from 2008, but he

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Aunt died without a Will. Does the Administrator of the Estate have to keep heirs informed?

Additional Information: The court appointed my Aunts brother as Administrator. He has a lawyer who does not give any information to the 4 heirs, however when the lawyer does answer questions they are always different stories. No paperwork is being sent to heirs on property being sold. The administrator made a deal with a “buyer” to purchase my aunts land but yet have not seen any paperwork due to the fact the “buyer” is making monthly

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Is it mandatory that your homestead be probated?

Additional Information: When my mom died, her only asset was her home & the contents of it, of which she considered “her estate”. When she wrote her Will(it being legal), she willed her “estate” to her three children. Is it necessary that her homestead be probated? I was told a few years ago that you did not have to file for homestead. She has no creditors. She always “prided” herself on the fact that she didn’t

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Are Florida condo assoc required to carry insurance?

Additional Information: Our condo’s insurance policies have been canceled and/or not renewed due to run down condition of our buildings and property. Are we legally obligated to carry insurance? Located east of I-95 in palm beach co,fl. Thank you ATTORNEY ANSWER: Typically, condo associations require their owners to carry homeowners insurance on their units. You should review the condo documents to see what they say regarding such a requirement. Also, if the condo owners have mortgages,

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My mom passed 2005 and dad passed 2009, he did a deed transfer in my name 3/2009 should I have any issues with siblings?

Additional Information: My siblings are fighting the transfer what can I do ? ATTORNEY ANSWER: Sorry to hear about your situation. Since your siblings are challenging the property transfer, I recommend you hire a litigation attorney to defend your position. In the meantime, you should collect all of the evidence in connection with the property transfer from your father to you (Was your father mentally competent when he did so? Why did he do so? Is/are

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How can heirs find out what has happened to an estate after the probate process has been completed?

Additional Information: The family’s estate consisting of only a house and other small items has been sold through the probate process. The executor , a lawyer family member, as executor has not communicated nor distributed any heir shares after more than 18 months. The executor has seemingly disappeared. How can the heirs get information on what has transpired with the funds and the completion of the process? ATTORNEY ANSWER: I would not consider a disciplinary action

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