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Adam James O'Rourke

Adam O'Rourke’s Answers

22 total

  • If an easement is changed because an older easement is no longer pertinent. How do you get rid of the old record with the state

    In the 1980' a previous owner gave a neighbor multiply utility easements and an access easement. During a boundary change in 2009 a new access easement was wrote up but the utility easements were not because in 30 years no utilities were put in....

    Adam’s Answer

    It is unclear what type of easements are in place (i.e. does the easement run with the land, etc.). It sounds like the easement does not, but it is not clear. These are questions a real estate attorney could answer for you. This will help you be clear on what must stay the same and what can be changed.

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  • We are considering putting our home on the market for sale by owner in Colorado. Is it best to have a real estate attorney?

    How do realty attorneys charge to handle a for sale by owner in our area (Adams County, CO). Where can I get a list of attorneys available to assist us?

    Adam’s Answer

    Best practice is always to have a real estate attorney and a broker working on your behalf. They understand the markets and can walk you through any issues that arise during the sale. However, If you want the hands on experience, but its your first sale, it is best to have at least one or the other on your side so you have someone to bounce ideas off. I recommend having a real estate attorney review the situation and give you an opinion on how he/she would be of help to you.

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  • As I licensed childcare provider, can I videotape my state inspections by the Dept of Human Services?

    What are the legalities since my home is a business? What if the DHS rep does not want to be taped? I am legally bound as a licensed childcare provider to allow them in my home. Thank you

    Adam’s Answer

    I agree that you able to videotape the visit to your home. Just make it clear to the inspector that there cameras on during the inspection.

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  • My divorce was final in Dec. 2012. Do we have to do our taxes jointly?

    We did our divorce without a Lawyer. On our papers that we filed with the courts, we agreed to do our taxes jointly, 50/50 .My Ex-Husband wants to do them separately now. We were seperated in June 2012. I also went back to my maiden name. Our kids...

    Adam’s Answer

    If your ex-husband wants to file separately than you can agree to go along and file your return without him. However, the credits and deductions cannot always be claimed by both you and your ex, so the issue with your kids' college credits will have to be sorted out between the two of you before you both file. I recommend having a CPA discuss your options with you and if you can have the same CPA do your ex-husband's return then that may save you additional hassle. I

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  • Can I make a son show his deceased father's will?

    A close friend died and had told me prior that I was to receive many things in his will. Has no spouse, only one child. After the death I was not allowed in the home without a surviving relative. Son arrives and we find an official notarized will...

    Adam’s Answer

    Your close friend has the right to address his assets as he pleases in a properly drafted and executed will. If you believe that you are a beneficiary then you have the right to get the estate opened but, as my colleagues have stated, it is a difficult situation as the son will fight against you the entire way. It appears that he might not be letting you see it because the will states you are a beneficiary and the son does not want to lose what he thinks is his interest in his father's assets. But remember, the father has the right to do what he pleases with his stuff. Remember, I always recommend reasoning with the son throughout this process. The better the relationship you keep, the easier the process. In the end, the will has the final say.

    I also recommend finding a good attorney to walk you through this process. It will make it easier on you and on the estate.

    Best of luck.

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  • Roommate owes $100, moved out over 30 days ago, left furniture behind. what legal obligation do i have with this stuff?

    i am only person on the lease. just found out old roommate's stuff actually belongs to her sister. her sister wants the stuff, but i think it makes good collatoral. never signed anything with her.

    Adam’s Answer

    I would not claim the stuff as collateral in this situation. However, you do have a right to have the sister prove that it is her stuff, unless you already know it is her stuff (i.e. proof has been given). I would have the ex-roommate tell you that it is okay that she come get the stuff. That way she isn't claim what actually is the ex-roommates.

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  • Traded in our car and drove it home,because new car was not detailed yet

    We traded our older car in yesterday and bought a newer car.we signed all paperwork and were ready to leave but our new car was not finished with detailing and they asked us to drive our old car back home and they will bring the new car to us on ...

    Adam’s Answer

    • Selected as best answer

    It appears that you have a valid contract in this situation. Make sure to keep your copy of the agreement so that you can always check it for your rights. However, the full answer to this question is based on what rights are in that contract. Without having read the agreement it is hard to determine whether the car dealer has a way to wiggle out of the agreement.

    I recommend that you take the car in and get your vehicle. If the car dealer gives you trouble then you can contact an attorney to get this resolved. Otherwise, it is likely they will give you the detailed car.

    Best of Luck!

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  • Our 501c3 received a letter from a Revenue Officer asking for an in office meeting on Jan 7 to answer why we haven't paid back

    Taxes filed in early 2001 and 2002. The meeting is in a state over 900 mile from us! We cannot make the trip. My question is:Should we call the Revenue Officer ourself in an attempt to change date and venue? Or should we obtain counsel first and h...

    Adam’s Answer

    My first question is why is the revenue officer so far away? If you are in Gainesville, FL and presumably a non-profit of FL then you can request to have a local revenue officer work your case. This will allow you to have the meeting closer to your location. Also, this will by you a few months as the IRS reroutes the file to a local office. I recommend that you contact the revenue officer and discuss having a transfer. Follow up with a written demand letter even if the revenue officer agrees to the terms (and state the terms in the letter) just so you have a document trail of the conversation. Just like anyone, revenue officers forget to do what they said they would.

    I recommend that you have local counsel control your activity and communication with the IRS as a competent representative should be able to help you will decide on which resolution option is correct for your business.

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  • California tax question

    In California, what type of transcripts does the California Franchise tax board have available. For instance, the Board may have different names for different types of transcripts. Would the Board have a transcript which shows whether a person o...

    Adam’s Answer

    • Selected as best answer

    In the past I have called the FTB and request a record of account or a statement of account and have been able to get a breakdown of an outstanding balance. Usually, these transcripts provide the basic debits/credits on the account and you can find what was missing, if any.

    Otherwise, I agree with my other colleagues that they do not like to give out documents of there own. You are usually able to talk with a representative to get summary information. Don't take no for an answer and request a manager if you get any grief.

    Also, for the law in California, I recommend posting this in the CA forum group.

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  • Do I need to live in a property to stop a foreclosure. Is that necessary for the bank to consider a loan modification?

    I moved out of the house to live in an less expensive home. The house is approaching foreclosure and I think I might see a light at the end of the tunnel. I could make the finances work I could rent the property out. Do banks work at stopping fore...

    Adam’s Answer

    Working with a real estate/foreclosure attorney is very important as he/she will be able guide you through the work that needs to be done. Modifications should not be short-term answers to long term issues. If you think you will be able to rent the property and cover costs for the remainder of the mortgage than you should continue down this road. If your financial situation will only take you so far and the rental income will not cover the balance then you will want to move towards a short-sale or allow the foreclosure (which ever turns on the best situation - usually a short-sale).

    As the others have stated, the bank does not need to work with you but it is likely that they will. It is in your and their best interest. They have a number of reserved properties that they would like to get on the market but they cannot do that if they also own your home. They will want to work with you.

    I also recommend moving back into the home if possible (I do not know all the facts) as there are tax implications regarding a primary residence that are in your best interest. This will become important if you sell or they foreclose on your home. You do not want to be stuck with a large tax bill on debt that was forgiven by the bank. Your financial situation may lose out in that scenario as well.

    Good luck!

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