Skip to main content
No photo

Tracey Daniels’s Answers

3 total

  • Is it valid legally in Minnesota that a credit card processor have a business signed their contract without reading it?

    A salesman from a credit card processing company explained verbally about their service using all kinds of ensnaring words and rushed me to sign the contract without giving me time to read it. Also, the salesman asked me to show him my statement ...

    Tracey’s Answer

    I would say generally if you are of legal contracting age then you are responsible for reading and understanding the contract before you sign it, signing a contract under "pressure" is usually not enough to void the contract. That being said, if you could prove duress- they threatened you with harm or wouldn't let you leave the room without signing (e.g. false imprisonment), then you could have a case. Also if the contract was not fair and equitable, meaning that the terms were biased against you, you could show that there had been no "meeting of the minds" and therefore had you not been under duress you would not have signed such an unfair document. I would talk to an attorney about this.

    See question 
  • Does a stepchild have any legal rights to his stepfather's estate in Illinois?

    stepchild's mother has died

    Tracey’s Answer

    The stepchild can be accommodated in a Will for inheritance but does not have to be. If not then the stepparent must adopt them before they die in order for them to have a legal right to an intestate portion of the inheritance, but the adoption itself does not give the stepchild a legal right (nor any of the other issue of the parent) to be included in the Will.

    See question 
  • Can I sue and collect damages to stop a neighbor who smokes causing health problem and ruined our clothes, bed, sofa, etc?

    I have a high rise Condo in Chicago and my daughter uses it.. One of the tenant smokes constantly and the second hand smoke continues to spread throughout the unit. We have complained for over a month to the Association and they have not taken any...

    Tracey’s Answer

    The best and most economical bet would be to take it up again with the condo association and try to put forth an amendment to the condo rules like requiring to run an air purifier when smoking inside units. There is unfortunately no clear cut answer to this because smokers have the same rights to own, use, and enjoy their property as non-smokers and can challenge a condo rule that could appear unreasonable. To take up a legal suit with this issue is sticky to say the least. I would say, if you are still on speaking terms with this person, talk to him/her first and see if a compromise could be reached before bringing out the "big guns."

    See question