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Christopher G Brown's Answers
- 89 Legal Answers
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3
Attorney answers:
My brother and I formed a LLC for a house that our mother left five of us. Would the majority win any decision making?
It sounds like title to the house was not transferred to the LLC. If title to the house was not transferred to the LLC, then the LLC does not own the property and cannot make any decisions regarding it. In that case, the five people on the deed own it. Each person on the deed likely has rights to the property that would not ordinarily be controlled by majority vote. If some want to sell and others don't, you are likely looking at a lawsuit called a "partition action." I think you need to...
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2
Attorney answers:
What should i do?
You need to consult an employment lawyer. It is not clear from your post whether your regular job requires you to stand for long periods of time or, if so, whether your employer has any obligation to accommodate your need to sit from time to time. As for unemployment, you say that the HR rep said the manager said you can come back when you can do your job. That doesn't sound to me like you were let go. It sounds like the manager thinks you are still recovering from the broken ankle and...
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4
Attorney answers:
Does executor have to abide by will?
The lawsuit was part of your Dad's estate and the executor will have to honor the will in distributing the settlement money derived from the lawsuit.
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3
Attorney answers:
A person signed their name as an owner on a large contract fto build a new house on a property that they did not own-Fraud?
Whether it is fraud depends on whether the person represented he or she did own the property and why he or she made the representation (did the person know he/she did not own the property or did he/she have reason to believe he/she owned the property?). Not paying is likely a breach of contract regardless of whether the person actually owns the house. The builder may have a right to a lien on the property to protect its interest.
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1
Attorney answers:
Will signing the form to release stay on house for shortsale affect the bankruptcy,which could not be filed without the house.
Sounds like the "release" you are talking about is actually a "motion for relief from the stay." Ordinarily, the bank who has the mortgage would file the motion to lift the stay so that it can complete a short sale. I'm not sure why your daughter would have needed the house to file the bankruptcy petition but, if the bankruptcy court agrees to lift the stay so that the short sale can be completed, it should not affect the bankruptcy.
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2
Attorney answers:
What if your name is listed along with you spouse on a promissory note that you didn't sign...and didn't know about in New York?
If you did not sign the note, you should not have any liability for the debt. The sister may claim that you were "unjustly enriched" and should be liable but on the facts provided I don't think the sister would have a strong claim.
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2
Attorney answers:
Can I appeal?
Generally speaking, you have a very short time to file an appeal in Connecticut. I don't know whether you still have time or not, or whether the ruling you want to appeal is actually appealable or not, but you might want to consider filing the appeal now. If you don't do it now, you might lose the right. Everything else can be sorted out later.
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3
Attorney answers:
How do I protect myself from a person who has threatened me with a harassment lawsuit? Do I need to hire an attorney?
From your description, it does not sound like actionable harrassment. I'm not aware of any law protecting a speaker at a meeting from being interrupted, especially if the interruptor is a peer. Plus, what's done is done. If he thinks he has a claim against you, he can make it whether you resign or not.
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4
Attorney answers:
I want to sue for defamation of character.
You might have a defamation claim against the "crazy person", though by calling him "crazy" you may have given him a defamation claim against you. It is impossible to draw any conclusion about the strength of your potential claim, and thus whether it is worth pursuing, without more information. I think you should discuss that with a lawyer, as well as whether you have any damages and whether the "crazy person" has any assets that could satisfy any judgment for damages. It's something to...
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1
Attorney answers:
Can an at will employer terminate me without providing a verbal or written reason as to my termination?
An at will employer can terminate you for any reason, unless it is one of the wrong reasons (like discrimination). There has to be a reason, even if the employer does not give you one. I would wait for the call that HR promised you and post another question with the details of what HR tells you. If HR does not call, I would badger them for a reason. It's possible that the reason you were terminated is one of the wrong reasons.
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