Contracts Legal Questions

Your age does not alter the provisions of the lease you have with your current landlord.  Can you give the 60 day notice and then change your mind before the end of the 60 days and stay?  You might ask that of your Landlord.  That way the 60-day clock is ticking why you wait for another apartment to open up.  If one doesn't w/in the 60 days, rescind the notice.  Best bet is to have an attorney review the agreements for you and give you specific advice.... Read More

I would suggest that you review the contract to see if it speaks to this issue.  You could dispute the charge if you put it on a credit card.  I'm not sure a copyright would really apply to a logo -- more like a trademark issue.  You should certainly send them a letter cancelling whatever contract that you have and make sure you have proof of mailing. ... Read More

I would suggest that you review your agreement and see what options it gives you to terminate the transaction.  Usually real estate agreements speak to that issue.  Most will allow you to terminate for good cause.  Even without good cause, you might be able to terminate but lose your deposit money.  The fact that someone died in the property previously does not necessarily mean you can terminate the transaction.  If the property has some condition that makes living there hazardous to anyone, then that would be something different. ... Read More

A contract takes effect at the time of agreement, but often people reach general agreement on terms but still don't intend to be bound until they have a formal written agreement,i.e. when it is signed, which I would guess (without knowing all the facts) is probably the case here.  Even if you began to take care of your grandfather before you had a contract, however, you may be entitled to recover from his estate the fair market value of your services - if you were a non-relative providing those services you would have a better claim since it would be obvious that you were expecting to be compensated, but as fairly close relatives it is not nearly as clearcut.... Read More

Ordinarily, in a Maryland court, a court clerk will be directed to send a letter to a defendant notifying him, her or it that a motion has been made to enter an order of default. The letter will invite the party to state a valid defense, if there is one, to the complaint and explain the reason for noncompliance with the Rules of court. Assuming that a default is actually entered by the court, the case will be set for a hearing and the Plaintiff will be permitted to offer ex parte proof of damages suffered. The defaulting party will not be permitted to contest the evidence of damage presented at the hearing. Until, a judgment is entered after that hearing, assessing the damages awarded by the court, there is nothing to collect. If and when an award of judgment has been entered, one may seek to collect by interrogatories to the judgment debtor about their assets and location in order to make attachments on the assets. In addition, an oral sworn statement may be taken of the debtor for the same purpose. The Rules of court control how and the circumstances under which collection efforts may be undertaked using court process. In addition, the post judgment rate of interest in Maryland is 10 percent. Though not highly complicated, you may need to retain a lawyer to assist or to tell you what you must do to comply with requirements governing collection on a judgment. ... Read More

If your father is competent, then it is legal. It would be better to take him to have him sign the contract in front of a notary who can verify that he was competent when he signed it,  just in case his competence is questioned by other family members at a later date after he passes.... Read More

As a general rule, where a contract is requried to be in writing (depending on whether your contract could be performed within a year, i.e. when the booking was for, this was probably nor required to be in writing), that means it has to be in writing signed by the party to be charged, i.e. the party against whom the other party is seeking to enforce the contract or get damages for its breach.  In other words, even assuming this contract was required to be in writing, you signed it and are probably bound by it.  The situation could be different if the contract expressly states that it will not be valid unless signed by both parties.... Read More

Most contacts don't even have to be written to be enforceable, and only a very few have to be notarized.  I see no reason why this simple loan contract would have to be notarized.  The problem is that, without a notary, it will be more difficult (but by no means impossible) for you to prove that the other party signed the contract, should they dispute it.... Read More

You need to take your morther's will to a competent local estate lawyer IMMEDIATELY and hire him or her to file the will for probate.  Tell him or her what your sister is doing.  In the meantime, advise your sister that her power of attorney expired and became inoperative at the moment of your mother's death.  It is no longer valid for any purpose and it no longer gives her any power whatsoever over your mother's affairs.  She is not authorized to take anything from your mother's belongings, and that includes bank accounts and safe deposit boxes.  Do not delay.  Your sister may quickly place valuable items beyond your reach. Good luck with it.  Sadly, this sort of situation is not uncommon, but an experienced lawyer will know what to do. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.         ... Read More

Anybody can sue anybody for anything, but your brother (except for the time that has elapsed, which may mean that the statute of limitations has run) seems to have a pretty good case.  Most contracts do not require a writing to be enforceable.  As you describe it, the rest of you breached your contract to share the funeral expenses.... Read More

Contract and agreement are synonymous, although some agreements need to meet certain formalities (such as beng in writing) to be enforceable.  Whether your agreement/contract is enforceable, and whether letting you go breaches that agreement, are different stories, which I can't evaluate from the few facts you've given.... Read More