Thomas Michael Fafinski’s Answers

Thomas Michael Fafinski

Brooklyn Park Banking Law Attorney.

Contributor Level 9
  1. A close friend of mine from work is not sure who he should select to be the executor of his will.

    Answered over 1 year ago.

    1. Kenneth Lee LaBore
    2. Thomas Michael Fafinski
    3. Paula Brown Sinclair
    4. Andrew Thompson
    5. James P. Frederick
    5 lawyer answers

    He should consider a revocable living trust and avoid probate and the expenses associated with estate administration all together. He will save thousands of dollars for his intended recipients.

    Selected as best answer

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

    Answered 7 months ago.

    1. Thomas Michael Fafinski
    2. Maury Devereau Beaulier
    3. Tricia Dwyer
    3 lawyer answers

    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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  3. Could you tell me the specifics on the adverse land possession laws?

    Answered 8 months ago.

    1. Thomas Michael Fafinski
    2. Eric Edward Rothstein
    3. Richard J. Chertock
    3 lawyer answers

    Adverse possession cannot be used to take government land. Even if you could, by asking if you could buy the lot, you would likely fail to prevail on the use of the land that is hostile to others and open and notorious to the true owner.

    4 lawyers agreed with this answer

  4. Can I have an eviction hearing summons served on tenant at their place of employment?

    Answered 7 months ago.

    1. Thomas Michael Fafinski
    2. Tricia Dwyer
    3. Christopher Jon Huntley
    3 lawyer answers

    While this is legally permissible, I would caution you with regard to retaliation by an upset tenant and their subsequent arguments to a housing court judge that you are interfering with their employment, their ability to earn income and, their ability to pay the rent.

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  5. I own my car and the previous owner wants it back saying that I owe him money. can he take it?

    Answered 7 months ago.

    1. Thomas Michael Fafinski
    2. Tricia Dwyer
    3. David Lee Lewis
    3 lawyer answers

    If you have title in your name, he will need to bring an action in court to prove that there was some agreement relative to the vehicle and that the vehicle was pledged as security for payment of that agreement. He cannot self-help by taking the car without a court order which appears to be unlikely unless you admit to the existence of an agreement.

    Selected as best answer

  6. Will a verbal contract hold in court

    Answered 8 months ago.

    1. Thomas Michael Fafinski
    2. Brian Michael Glodosky
    3. Paul Cipriano Balassa
    4. Tricia Dwyer
    4 lawyer answers

    In most cases, verbal contracts are every bit as enforceable as a written contract (just harder to prove) but this is not the case for your fact pattern. The statute of frauds requires that any contract dealing with an interest in real estate be in writing. There are exceptions, like an admission by the party or a written confirmation.

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  7. Does a vehicle gifted to a child count as an asset?

    Answered over 1 year ago.

    1. Bryan Christopher Zlimen
    2. Thomas Michael Fafinski
    2 lawyer answers

    The value would be prorated over 5 years so that the asset would be regarded as something less as time passes.

    Selected as best answer

  8. My neighbor has built several fences that are 2' onto my property. Line has been surveyed & marked but he won't remove them.

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    3. Andrew Thompson
    3 lawyer answers

    You should proceed with a civil trespass action. If you have the survey completed, there should not be a huge expense to doing this.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  9. Is there a service tax in addition to sales tax that I should be charging my clients?

    Answered over 1 year ago.

    1. Thomas Michael Fafinski
    2. John Randolph Yoak
    2 lawyer answers

    Contact the Minnesota Department of Revenue to be certain but, since you are operating a service primarily, you should not have to collect sales taxes. If you sell products into your clients, you will have to collect sales tax. If you are looking for a business start up attorney, feel free to give me a call.

    2 lawyers agreed with this answer

  10. My father needs help, he is 65 yrs old was with his girlfriend for 14 yrs she just passed away and left everything to her daugh

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Judy A. Goldstein
    3. Joseph Franklin Pippen Jr.
    4. Thomas Michael Fafinski
    4 lawyer answers

    If he can demonstrate that he loaned her money for living arrangements/support or improvements to the house, he could make a claim against the estate as a creditor.

    2 lawyers agreed with this answer

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