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Joan Marie Swartz

Joan Swartz’s Answers

5 total

  • My wife and I had a living trust done back in 2009 in Baxter county AR. and have recently moved back to Missouri.

    We need to have our new home entered into this trust. But unsure if the contract will be legally binding now that we're in Missouri.

    Joan’s Answer

    You need to convey the real estate to your trust. And as others have suggested, this is a good opportunity to have your plan reviewed.

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  • LLC partner won't buy me out of company. What do I need to do to ensure I get what I put into it and not be liable for his debt.

    Business partner is not sharing the books and I'm afraid I will be liable for his actions regarding not paying bills including taxes, etc. Should I just give him the company to no longer be responsible for debt he has occurred without my permission?

    Joan’s Answer

    You should consult counsel. If there is an operating agreement, it will tell you what you may be liable for, but be aware that if you personally guaranteed any loans, you will be liable regardless of what the agreement states. i think your best course of action is to consult legal counsel.

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  • Can we take legal actions? Can we force the buyer to follow thru with closing?

    We have a real estate contract with a buyer that put 10% down. This was a land auction. We sold as is more or less. We had a closing date set with everything met with the title commitment. The day of closing, title company informed us, the seller...

    Joan’s Answer

    In Missouri, you can sue for specific performance. This issue here will be whether the buyer can "back out", and that will depend upon the specific language in the contract. Be aware that even if the contract did not provide for the survey, it may have required closing with a title company and title insurance, in which case compliance with requirements of the title compeny is a part of the contract. You should consult a local attorney on this matter. You may be able to compel performance.

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  • I recently got married. Do I need to make a will to ensure that the home is left in the possession of my children

    My new husband gave up his home that he was renting with the option to buy, but couldn't afford to pay the current or back taxes. he moved into my home. I explained to him that I wanted in the event of my death to remain with my children, that has...

    Joan’s Answer

    First, assuming the house is titled in your name, it will not become your husband's property unless you transfer interest to him at some point in the marriage. He would only have an interest to the extent he makes contributions toward the payments or improvements during the marriage. As far as leaving your house to your children, you would have to do that through your estate plan or by using a non-probate transfer. It may not be feasible for you chiildren to "stay in the house" after your death depending upon the circumstances, the ages of the children and whether the house is paid for either now or upon your death, but you can provide for your children upon your death by creating an estate plan. i recommend you contact a lawyer in your area.

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  • Can a drywall contractor who I hired directly perfect a lien on my property even when I am dissatisfied with the work.

    The contractor who did the work had a project manager quit right after the job started and after that I had to manage the job. Most of the change orders were verbal and they agreed to do a texture that would match a picture I had. Then they had di...

    Joan’s Answer

    The answer is state specific. I do not practice in Washington state, however as with most states there is likely a statute pertaining to when a contractor can place a lien on your property for unpaid work. You should research the actual statute. In my home state the contractor can do it for the value of the materials and labor unpaid so long as there was a written notice of his rights in the contract or documents you exchanged prior to the work being done. The question in your case is what is that value of the unpaid work. I would suggest you try to compromise with the contractor, offering some of the outstanding balance as a full settlement of the lien. Then after settlement you would have the contractor provide you with a release of the lien you can file. Generally these type disputes get resolved in the contractors' favor because there are a number of people that try to avoid paying for work on their homes. I do hope you can resolve it with him without court intervention.

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