Karen L Brady’s Answers

Karen L Brady

Arvada Estate Planning Attorney.

Contributor Level 10
  1. What are examples of definitions of a gift?

    Answered almost 5 years ago.

    1. Steven J. Fromm
    2. Karen L Brady
    3. Henry Daniel Lively
    3 lawyer answers

    I recommend you contact a local probate attorney because it appears your sister will continue to give you trouble throughout the administration of the estate. While I am not licensed to practice law in Pennsylvania, I did find this quote from a Pennsylvania judge: "It has been the law for centuries in the Commonwealth that regardless of what is devised in a will and to whom it is devised, a testator can gift away any or all assets during his or her lifetime as long as donative intent and...

  2. Is it necessary to probate a will in Mi?

    Answered almost 5 years ago.

    1. Todd D. Schmitz
    2. Dean E. Patrick
    3. Karen L Brady
    3 lawyer answers

    To probate a will means to present it to the court to have the court accept its terms and appoint a personal representative to carry it out. You haven't presented enough facts to know if it is necessary to probate the will. Generally, in order to collect and transfer probate assets of a deceased person you would need to have the will probated. Some assets are not probate assets, such as life insurance payable to a beneficiary. In some instances, if there is no real estate and the estate is...

  3. As a buyer what are my options?

    Answered almost 5 years ago.

    1. Karen L Brady
    2. Ronald Lee Burdge
    2 lawyer answers

    Your concerns are justified. Even with a bill of sale, the seller can't sell you what he doesn't own, i.e. the full value of the ATV. If you purchase the ATV from him, you will take it subject to the loan. If the loan isn't paid off, the lender would be entitled to repossess the ATV, even with your bill of sale. The better route is to have him provide you with the payoff amount on the ATV in writing from the lender, then make the check to the lender and send it with instructions from the...

  4. Is this contract binding? What can be done?

    Answered almost 5 years ago.

    1. Brian E. Daughdrill
    2. Karen L Brady
    2 lawyer answers

    In my view, the biggest hurdles you are going to face is the statute of limitations and a concept called laches. Both of these make it hard to bring a successful suit when there is a long period of time between the cancellation of the club and your initiation of action. It sounds like you weren't provided notice of the cancellation, but that might not be a fact on your side if you moved or it was otherwise not possible for them to give notice. A local attorney may be able to tell you whether...

  5. Sucession hearing in Italy.Do we need an international lawyer to not accept the inheritance-give shares to family there

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    There are lawyers here in the United States that can help with Italian succession issues. If you can't find any here on Avvo you can find some information at www.italianlaw.net. Good luck.

  6. Can a non-lawyer signed as "notary public" in a non compete agreement representing the employer?

    Answered almost 5 years ago.

    1. Kenneth Brian Schwartz
    2. Karen L Brady
    2 lawyer answers

    A notary public need not be a lawyer. A notary public applies to the Florida Secretary of State for this designation. If she was a notary public, the fact that she is not a lawyer does not invalidate the contract. Even if she wasn't a notary public, that by itself would likely not invalidate the contract. You may have other grounds to contest the non compete agreement, but you won't know unless you contact a local lawyer with expertise in these agreements.

  7. I was named in a will as personal rep but I do not have any up front money to pay a lawyer to probate will, what do I do???

    Answered almost 5 years ago.

    1. David Michael Goldman
    2. Lucreita D. Becude
    3. Richard Eugene Ehrlich
    4. Henry Daniel Lively
    5. Karen L Brady
    5 lawyer answers

    I wish to point out that the answers provided earlier are very state specific. In many states there is no court involvement in approving attorney's fees for probate and there is no prohibition against an attorney collecting fees to begin a probate. Nor does every state have a statutory fee schedule that allows an attorney to collect a fee based on the value of assets in the estate. Your state's rules may or may not allow for the above but I worry that readers from other states will assume...

  8. Can I file a lien for nonpayment on a contract ?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    You should see a local lawyer right away. Given the length of time that has passed, you may be running up against some statutes of limitations that will bar your claim if you don't act soon. There are several facts the lawyer will have to ascertain to determine if you can file a mechanics lien on the property. In any case, it appears from the facts in your question that you may have a claim for breach of contract against the company that hired you. Good luck.

  9. Where do I get a copy of a first option to buy?

    Answered almost 5 years ago.

    1. Andrew D. Richards
    2. Shawn P. Eyestone
    3. Kevin Brendan Murphy
    4. Karen L Brady
    4 lawyer answers

    There are two advisors you should get on your side. One is a business valuation specialist. If you work with a CPA who is also a CVA (Certified Valuation Analyst) that person can both give you an idea of the restaurant's value and what you can afford to pay for it based on its cashflow, etc. A local lawyer who works in business sales can also draft a Letter of Intent that indicates he intends to sell to you and you intend to buy from him. However, the lawyer may tell you it's premature...

  10. My mom and dad are gone 6/09. the will has me next, my brother has a friend living in the home. can i remove this friend?

    Answered almost 5 years ago.

    1. David Michael Goldman
    2. Lucreita D. Becude
    3. Karen L Brady
    3 lawyer answers

    I am sorry for the recent loss of your parents. Your question isn't clear about what you mean by "the will has me next". If you are named in the will as executor or personal representative AND if the entire interest in the house is part of the probate estate then you can have the will probated and in your authority as executor you will have authority to decide who lives in the house. If people besides you are to receive benefit from the house under the will then even in your capacity as...