My lease for the house I'm renting expires in June of this year. I have a job opportunity in another state and want to move there. My landlord says he won't break the lease and if I want to move I need to find someone to sublease it. Am I obligated to do this? Can't I just pay a fine?
Your lease agreement controls. Do you have a written lease? You need to have that reviewed by an attorney.
We are buying a house in florida for our son. What is the best way for us to be able to give it to them without them having to pay tax on the money? Should we put them on the title and gift them the 14,000.00 a year to have them pay us back?
This is a question that requires much more financial information than is being provided. Contact and attorney and your financial adviser and get it done right the first time.
I agree with Mr. Stein. There are things other than the initial tax on the "gift" that need to be considered as well, such as the cost basis of the property, and the transfer value as it relates to the potential for capital gains in the future. There are likely ways to accomplish what you are seeking to do, but you want to make sure that you do it right in order to avoid costly mistakes.
Minor is 17, both her parents are deceased and she lives with us, no legal guardianship and she is unable to get her MO permit because she doesn't have a legal guardian to sign off. How long does it take to be granted guardianship? She turns 18 August 30, 2015. Is there some way to expedite the process? Or even receive emergency guardianship?
Based upon the facts you described, it may be possible to be granted at least temporary guardianship through the probate court where the minor is domiciled.
Good luck
I am renting basement apartment. The walkway is dangerous with ice. It is on the north side of the house and when it Warms up, the poorly kept gutters rain water along the walkway which freezes on a very poorly lit walkway. I fell on the ice this morning an hurt my knee, unable to go to work. What is the responsibilty of my landlords? thanks. Subrena
Dear Subrena:
Thank you for contacting our firm concerning your possible premises liability claim. Given your description of the accident, there may be a strong claim to be made under Colorado law. Stepping on an icy sidwalk made more dangerous by faulty drainage is not to be reasonably expected. The apartment management does have a duty to keep the sidwalk free of all snow and ice. Please keep in mind that there is a two year statute of limitations, you must file your lawsuit within two years of the accident or lose your right to do so.
Depending upon the extent of your medical expenses and lost time from work, you may be able to negotiate a settlement with on your own. This would avoid the burden of attorney fees and litigation costs. You can always attempt to settle on your own, and if that is not productive, then we would welcome an opportunity to discuss the matter with you. I wish you luck.
I have a signed mediated settlement agreement, and I distinctly recall the judge say "Congratulations you are now divorced", but I still don't have a finalized decree. Is there any way to remarry in any state without it?
You do not need a divorce decree to get married in another state. However, if your marriage in the other state is ever challenged, for example if you and your new spouse split up, then it will be critically important to be able to establish that your current marriage was dissolved. A court order is the very best possible proof of that. You could try to rely on an official transcript of the proceedings wherein the judge said, "Congratulations, you are now divorced," but I would NOT take that risk.
Do this:
First, go to the district clerk's office and make extra-sure that there is no final order granting your divorce. There might be an order that you are not aware of. It would be improper for someone to give the judge an order without any notice to you, but I don't know why else you would have been in front of the judge after mediation except to finalize your divorce.
Second, if there is no final decree of divorce, get one drafted that follows the terms of the MSA. If you don't have an attorney, find one that will draft the decree for you as per the MSA. I don't know what attorneys in your area would charge for that. As a benchmark, I would charge $1,000 to draft a decree for you to walk through to the judge. Maybe someone in your area would charge less. The good thing is that because it's only a drafting assignment, you can get any attorney in Texas to do it for you irrespective of where you live.
Third, once you have a final decree drafted:
(a) Send a copy to the other attorney asking for questions or suggestions for changes.
(b) Resolve as many conflicts over the draft of the order as you can. You may be able to resolve them all.
(c) If you CAN resolve all drafting conflicts and your spouse signs the final order you had drafted, you can take it to the courthouse yourself and the judge will sign it for you.
(d) If you CANNOT resolve all drafting conflicts, then you should file a Motion to Sign Final Decree of Divorce, serve the other attorney with your motion, have your motion set for a hearing, let the judge resolve the remaining drafting conflicts, and then the judge will sign the final order.
If you ever get divorced in the future and want to claim part of the marital assets, get spousal support, or if you ever want to apply for your spouse's Social Security, etc. you will want to be able to prove that your new marriage is valid and therefore you will want a final decree of divorce on file dissolving your current marriage.
Good luck!!
