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Thomas Michael Fafinski
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Thomas Fafinski’s Answers

97 total


  • If a Judge assigns a Trustee to settle a Trust, and the trust has no money - who pays the Trustee

    My mom died in proverty but had a trust that needs to be probated, I guess. I cannot afford an attorney and the trust cannot pay for one so if I ask the court to assign a trustee, is it free

    Thomas’s Answer

    Assets inside a trust pass by the terms of the trust. If she had a will, that would be something that would be subject to probate. If there is no money, the trustee would not bee paid.

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  • How do I go about receiving my trust?

    My grandmother left a trust fund for me. I was to receive it when I reached 25 years of age. My sister was the trustee, I have never received any money, paperwork, or even an explanation. She will not have contact with me. I am now 30 and concer...

    Thomas’s Answer

    You are entitled to see the trust by law and you should initiate an action to enforce your rights. A court should require your sister to divulge the information. Depending upon the language of the trust, you may have claims against professionals managing the investments too. Do not wait any longer as a statute of limitations may apply.

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  • I have an employment contract that I signed (no fine print) just states I must give 1 month notice, now a new one was presented?

    I have a new contract that was presented to me yesterday, pulling away some things in my original. At the same time I was just offered a new job last night? Do I still have to give me 1 month notice. I have not signed the new contract yet... which...

    Thomas’s Answer

    While the contract is not terminated, it is unlikely that there will be monetary consequences associated with an early departure - need to see the contract to be certain. They are not statutorily allowed to deduct wages without your consent. Also, if you refuse to sign the new contract, that would put them in a bit of a pickle - they might actually release you from the contract or you could offer to immediately leave. I have not seen an employee held liable for monetary damages associated with the early departure. Would be tough to get a good reference though.

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  • Told that I have to pay $3000+ for turning in my car early, when I was told I only had 1 payment and a disposition fee to pay.

    I had a lease on a car. I went to a dealership looking to get out of my lease early and was told by the bank and the dealership that I had 1 remaining payment and then a disposition fee. The dealership was to take on the remaining payment and di...

    Thomas’s Answer

    Unfortunately, you have an uphill battle. I think it is worth having someone review the contract but, absent the bank and the dealership employees admitting in writing to the version of events, it is going to be difficult for you to overcome a written agreement.

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  • What do i do if i have been trying to get this car cheaper than they are asking or my down payment for two weeks now

    how can i get my down payment back from a car dealership that it has been two weeks and they are not calling me back on the car that i was going to get and never got because they were working with someone to get the price dropped for me and then i...

    Thomas’s Answer

    Consider filing a complaint with Minnesota Atty. Gen.'s office as a method of trying to extract a result without resorting to a lawsuit.

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  • Can I take the conceal carry license test before I turn 21?

    I am 20 and tun 21 in 3 months and would like to become licensed on my birthday. I currently live in Wisconsin but my legal residence is Minnesota. The course I am going to take covers MN, WI, UT, FL does it make sense to get a license in each st...

    Thomas’s Answer

    I am pretty certain that you may apply when you're 20 but that it will not be issued until you're 21. https://dps.mn.gov/divisions/bca/bca-divisions/administrative/Pages/Permit-to-Carry-FAQ.aspx

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  • I'm being taken to court by a contractor that never finished the job. I don't know what forms to fill out to reply/respond.

    I don't know what type of lawyer that is able to help answer questions. tell me what forms needed to be complete. Should I include pictures with the response or wait for a court date?

    Thomas’s Answer

    If the matter is in conciliation court, you should visit the conciliation court website for instructions on how to respond. If the matter has been filed as a Summons and Complaint in District Court, you need to draft a pleading referred to as a Answer. If you're not interested in being represented, you should go to the law library in your county and try to find a form. Minnesota is a notice pleading jurisdiction which means that you need only set forth the facts of your defenses sufficient to put the other party on notice as to what your defense would be. I urge you to have an attorney.

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  • I have 2 last quick questions. Next week my husband is going to have a local appointment, but we are concerned about something

    The landlord never changed her address from here. She has now put in a mail hold for this address. She did write only her name, but it resulted in all of our mail being held. As she does not live here, is that illegal....or at least wrong? Also...

    Thomas’s Answer

    • Selected as best answer

    I'm pretty sure that the licensure requirements of most jurisdictions, including Minneapolis, required that the landlord list and address that they can be reached at. It should be a defense to any eviction if they are out of compliance with respect to a license issued.

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  • Need to break my lease at my apartment due to poor conditions. What are the things I need to say to argue breach of contract?

    I would like to plead the case that my apartment is in breach of contract because the secured entrance has been broken for the last few weeks. We decided to move out after this time due to this and many maintenance and management issues. We me...

    Thomas’s Answer

    You could also pursue a rent abatement action. Visit the Minnesota Atty. Gen. website for more information relating to tenant's rights.

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  • Houston, Texas apartment "reletting fee"

    I rented an apartment in Houston for a year. The last month of my lease I paid my rent a day late and did not have a chance to pay the late fee. When my lease was up I moved back home and shortly after received a bill for a $585 reletting fee! I d...

    Thomas’s Answer

    While going to Texas will give you an opportunity for a more complete answer, i suspect the landlords position will be that you stayed on into the following month by paying the fee late. The argument is actually a pretty good one that you were a holdover tenant so make sure you supplied information relative to your notice to depart or anything in writing stating your intentions to leave.

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