Brian J Ladouceur JR’s Answers

Brian J Ladouceur JR

Meriden Contracts / Agreements Lawyer.

Contributor Level 11
  1. I joined a co. called merry maids, I signed a contract I would be paying the sum of 147.25 & charged more never told me plus tax

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    2. Paul H Begemann
    3. Michael Charles Doland
    4. James P. Frederick
    4 lawyer answers

    Without specific details and reading the actual agreement its difficult to determine what rights you have or do not have to rescind (cancel) the contract. Carefully look at the contract as it should clearly communicate whether the price is $X “plus tax” or tax included. In Connecticut (since July 1, 2011) the state sales tax is imposed at the rate of 6.35 percent and among the Services Subject to Sales and Use Taxes are “Janitorial services” (i.e. cleaning of homes, offices and commercial...

    2 lawyers agreed with this answer

  2. Who can use the Cemetery. Plot..

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    2. William J Lasko
    3. Eric Jerome Gold
    3 lawyer answers

    Even when siblings are at odds, it might help to try talking with a sibling about their intentions regarding the cemetery plot. Generally, a cemetery plot does not give the plot holder “ownership” of the real estate (the soil itself) but rather it’s a contractual right (with the cemetery association) guided by contract law principals. Reviewing the underlying agreement may provide answers to what persons have rights to be buried at the plot. Agreements vary so it may give the current owner...

    2 lawyers agreed with this answer

  3. What is the statue of limitations in small claims court, connecticut for a home improvement contract?

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    1 lawyer answer

    In Connecticut the statute of limitations (deadline to file suit) is based upon the claims being made, not the court the case is being heard in. Determining what deadline exists should only be done after consulting with an attorney because specific case facts can alter what claims may or not apply, and the time to bring such claims. In general, an action on any contract in writing “shall be brought but within six years after the right of action accrues” pursuant to Conn. Gen Stat Sec. 52-...

    2 lawyers agreed with this answer

  4. I lost over 100 thousand in two futures contracts in a company that went bankrupt, broker was john doe LLC do I need a lawyer ?

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    2. Robert A. Stumpf
    3. Marc Gregory Wagman
    4. Knute Arthur Rife
    4 lawyer answers

    Given the large loss amount consulting a lawyer is advisable to explore potential paths to recovery. Depending on what happened be prepared that no right to recovery may exist because investments can and do lose value - something that brokers do advise clients of during the sales process. However, use of “LLC” does not always mean a limited liability company exists. Sometimes people will use LLC without actually forming a company, or on rare occasions they've registered a trade name / dba (...

    2 lawyers agreed with this answer

  5. Does an executrix have the power to make changes to the will as far as distribution of assets?

    Answered almost 3 years ago.

    1. Brian J Ladouceur JR
    2. Henry C. Weatherby
    3. Paul A. Smolinski
    4. James P. Frederick
    5. Joseph P Meehan
    5 lawyer answers

    While it’s nice your mom entrusted you with the reasonability to manage her affairs after her death, it is regrettable that your siblings are at odds with what your mom wanted you to do once she was gone. As an executrix / administrator you do not need to be alone in administering your mom’s estate. If you do not have an attorney already helping to probate the estate in Connecticut you can hire one on behalf of the estate and the cost of those services (as well as the accounting, funeral and...

    2 lawyers agreed with this answer

  6. What are my options?

    Answered about 3 years ago.

    1. Brian J Ladouceur JR
    2. James P. Frederick
    2 lawyer answers

    You should consult an attorney to review the specific contract and change orders to determine your rights and whether you are legally obligated to pay for the extra costs specified in the second work order. For some background you can read my prior AVVO answer on a similar question (http://www.avvo.com/legal-answers/i-sign-a-landscaping-proposal--contract-but-there--710671.html#answer_1186923) in addition to reviewing my Staff Pick Guide titled Protecting Connecticut Homeowners from Home...

    2 lawyers agreed with this answer

  7. My husband has a joint checking account with his mother, who recently passed away. Is that money now his to use?

    Answered about 3 years ago.

    1. Henry C. Weatherby
    2. Kent Matthew Miller
    3. Scott D Rosenberg
    4. Brian J Ladouceur JR
    4 lawyer answers

    To expand on the good answer above, generally the survivor of a joint checking account takes full ownership upon death. Even though the account funds may count toward the estate value for tax purposes, the money in the account is the survivor’s funds and is generally not accessible by the creditor after death. Typically, the survivor can by themselves withdraw the funds from the account and close it, however, in some instances the bank may require a death certificate or other documents....

    2 lawyers agreed with this answer

  8. A consultant in FL was paid to update a business plan. It wasn't done. How can I get the money payed refunded?

    Answered about 3 years ago.

    1. Sean R Caruthers
    2. Brian J Ladouceur JR
    2 lawyer answers

    Unless the Florida consultant has assets or other business interest in Connecticut, you may be best served to find a Florida attorney to consult with and pursue your case. For example, Florida counsel can advise you whether or not your small claims default (presumably less than $5,000) can be “domesticated” (i.e. enforced) against the consultant in Florida. Caution: If the judgment is against the old consultant company (and not the consultant personally) then collecting money will be...

    2 lawyers agreed with this answer

  9. I recently had my kitchen remolded. the man that did it is suing me for un paid money.

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    2. Scott Douglas Camassar
    2 lawyer answers

    You should consult an business litigation attorney knowledgeable in home improvement contract issues, because you MAY have strong defenses to the contractor's suit that could POSSIBLY put you in a position to not owe any money and actually have damage claims against the contractor. In Connecticut a home improvement agreement that is not in writing can result in a court finding the agreement void and therefore not enforceable. Read my AVVO guide for more details on Connecticut's Home...

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  10. Can an attorney help

    Answered about 4 years ago.

    1. Brian J Ladouceur JR
    2. Henry C. Weatherby
    2 lawyer answers

    If your move was within the Connecticut border (In-state) then the mover is regulated by the Connecticut Department of Transportation. If the move is between states (Interstate) the mover is regulated by the U.S. Department of Transportation. Look at the Contract and/or Bill of Lading to see if you've agreed to arbitrate the dispute in which case you'd be prohibited from filing a small claim and/or civil lawsuit. Also beware of waiting too long or not properly making a notice of claim to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful