Matthew Dabbney Pineda’s Answers

Matthew Dabbney Pineda

Raleigh Real Estate Attorney.

Contributor Level 8
  1. Is a tenant in a home in FLA. responsible for lawn maintenance?

    Answered over 4 years ago.

    1. Scott M. Behren
    2. Matthew Dabbney Pineda
    2 lawyer answers

    You will have to look at you lease to answer this question. The Florida Statutes dictate certain clear duties of the landlord for maintenance of rental properties. These include extermination of pests, running water, etc. Lawn maintenance would not be an automatic duty of the landlord for a rental property unless it is specified in your lease. *This is not to be construed as legal advice.

  2. I'm a tenant in a house with a foreclosure process

    Answered over 4 years ago.

    1. Scott M. Behren
    2. Matthew Dabbney Pineda
    2 lawyer answers

    The hearing my be a Motion to Dismiss hearing brought on by the homeowner's attorney. Do you know if the homeowner has retained counsel? If it is a motion to dismiss hearing either the case can be dismissed (usually giving the lender's attorneys leave to amend the complaint). If it is dismissed this buys a lot of time for the homeowner. If as discussed it is a motion for summary judgment hearing on the motion of the lender by its attorneys, then final judgment could be entered. When final...

  3. I want to file for joint custody of my daughter. Any advice will help!

    Answered over 4 years ago.

    1. Matthew Dabbney Pineda
    1 lawyer answer

    There are many questions that need to be answered concerning your case before an attorney can help you. For example, were you named as the father on the birth certificate of the child? Just generally, a petition establishing paternity and a parenting plan should be filed with the appropriate Family Law division. Consulting an attorney is the best avenue to ensure that your rights as a Father will be protected. I wish you the best. ***This is not legal advice***

  4. Does a Living Will and Last Will and Testament have to be filed in a court to be legal?

    Answered over 4 years ago.

    1. Jennifer Ann Jacobs
    2. Michael John Faehner
    3. Lesly C Longa
    4. Matthew Dabbney Pineda
    4 lawyer answers

    No, neither document needs to be filed with a court. It is a good idea to keep the original of a Will somewhere extremely safe (safety deposit box) and leave a letter that can be easily found explaining where the original is. For living wills, the original should be kept somewhere it is easily found so that should something happen where the document is needed, the original can be brought to the hospital or faxed to the hospital.

  5. What is the normal start rate for a Foreclosure lawyer

    Answered over 4 years ago.

    1. Lewis Matthew Roberts
    2. Matthew Dabbney Pineda
    2 lawyer answers

    Attorney fee agreements can be different as you go from lawyer to lawyer. If you feel you are being overcharged, you may withdraw depending on your agreement. It is likely that with your agreement, you will be allowed to withdraw but will not be able to have your money returned. If this is the case you might as well stick with your attorney. At that rate it is likely he/she is very experienced with foreclosure defense and is probably worth the money. I wish you the best with your situation....

  6. I have a court date for summary judgment of foreclosure. What can I do to prolong the foreclosure.

    Answered over 4 years ago.

    1. Catherine Rotroff Mulcahey
    2. Matthew Dabbney Pineda
    3. Richard Scot Shuster
    3 lawyer answers

    A summary judgment hearing for foreclosure is a serious situation. At a summary judgment hearing, the judge may put a sale date on your property if judgment is found in favor of your lender. If your goal is to stay in your home, you should consult an attorney to go over your mortgage documents and to explain to you what possible foreclosure defenses you may have. Hiring a lawyer to represent you in court will ensure that your rights are protected. Many judges will recommend a mediation...

  7. My uncle wrote his will in the past. If he writes another will today, will the new will be the legal will?

    Answered over 4 years ago.

    1. David Michael Goldman
    2. Jeffrey Lawson Baxter
    3. Lucreita D. Becude
    4. Matthew Dabbney Pineda
    5. Paul Arnold Nidich
    5 lawyer answers

    The first paragraph of the new will should very clearly state that you uncle revokes all wills and codicils that he had previously made. With this language in the will and as long as the new will complies with all state laws, your uncle has the requisite capacity and is free of any undue influence then the newly written will should be the binding and legal one. I would suggest a consultation with an attorney to make sure the will complies with the laws of your state.

  8. My father died 4 months ago, told me he was leaving me sum x, but his widow (not my mom) dislikes me. Can she contest?

    Answered over 4 years ago.

    1. Stephen William Wiener
    2. Matthew Dabbney Pineda
    2 lawyer answers

    First and foremost it is important to determine whether your Father prepared a Last Will and Testament. If he did, this Will will have to be probated in your State and beneficiaries will be given notification of the administration of the estate. If there was no Will, the assets will pass according to the laws of intestacy in your state...meaning that the assets of the estate will pass along to beneficiaries as the state law has determined should be passed. It is advisable that you...

    1 person marked this answer as helpful

  9. Can it be brought in an open court what a person did as minor when the court does not effect or concern the minor

    Answered over 4 years ago.

    1. Theodore W. Robinson
    2. Matthew Dabbney Pineda
    2 lawyer answers

    I am not sure I understand your question. It is important to know why that past act was brought during trial. Generally prior bad acts will not be allowed to prove conduct. There are exceptions to this rule. For example, if the accused is the one who first introduces evidence of good character traits...the opposing side is then free to rebut with evidence of how the accused's character is not good. Evidence laws also vary state to state. In what context was the peron's actions as a minor...

  10. How long do you have to live in west virigina to get a divorce?

    Answered over 4 years ago.

    1. Matthew Dabbney Pineda
    1 lawyer answer

    The residency requirement for a dissolution of marriage in West Virginia is one year. This is unless the marriage ceremony took place in West Virginia, then the residency requirement is waived. This is not legal advice. You should consult a West Virginia licensed attorney to assist you with your family law issue.