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Michael Anthony Troncellito Jr.
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Michael Troncellito’s Answers

113 total


  • How can I evict a tenant when there was only a verbal agreement?

    I allowed an acquaintance to move into my house, they agreed on a flat monthly fee. They have not paid in over a year and I have finally decided I would like to evict them. I first asked them in person for a portion of a monthly rent, and gave...

    Michael’s Answer

    Anyone who you invite into your home becomes a tenant and therefore is entitled to the rights under the eviction process. You have to engage in formal eviction through the court. Get a landlord/tenant or real estate attorney to sit with you for an hour and learn your options and how much they each cost so you can make a fully informed decision on how you wish to proceed. I hope you find this information helpful. Peace and wellness, Mike Troncellito

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  • I rec'd a bill for services 14 months after services were performed with no previous bills before that. Am I legally liable?

    The services should have been covered by Medicare but the provider submitted the wrong code. I confirmed with Medicare that payment would have been approved if properly submitted. If the bill had been sent to me within 90 days of service I could...

    Michael’s Answer

    Your co-pay will be required. However, if a provider agrees to bill Medicare and then fails to do so correctly, they may be prohibited from seeking payment from you under various federal regulations associated with Medicare and the new Affordable Health Care Act. I would recommend spending a few dollars to sit with an attorney, show him/her your paperwork, and get educated on various options you have and the costs of each such option. I hope this is a helpful starting point for you. Peace and wellness, Mike Troncellito

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  • P.O.D. Accounts

    A bank account has 2 people listed as Payable on Death, each person gets 50%. Except one person died. What happens to that person's 50%? Does it go to the surviving person? Does it go to the dead person's kids? Does it have to go through probate?

    Michael’s Answer

    The living beneficiary gets 50% and is an owner and the estate would also be a 50% owner, based on the limited information provided here. The actual document with the bank is necessary to specifically advise. But generally, it is the above situation. The owners (the survivor and the estate) would own under the status listed on the pay on death beneficiary statement. This could be Joint Tenants or Tenants in Common; which have a few differences that would require explaining once the tenancy is established by your paperwork as joint or tenants in common. Depending on the value, the estate may have to probate now that this account is involved in the gross amount of the state. I highly recommend seeking a good probate attorney. There are lots listed here. Hope this provides you some help in getting started. Peace and wellness, Mike Troncellito

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  • A dealership paid off my trade-in, gave it back, and I was given a lien free title. Am I obligated to sign a contract with them.

    I traded in my under water vehicle to a dealership and was given a new vehicle. After nearly a month I found out that I was never financed and needed to sign a new contract or give back the new vehicle. I chose not to sign and was given my old veh...

    Michael’s Answer

    Unfortunately, this seems like it can wind up being a very involved situation from a legal standpoint. I would recommend starting by bringing all of your paperwork that you have to a contract attorney for a consult. They usually run a few hundred bucks to get fully educated on your situation and the various options you have, if any, to resolve the same. This will fully inform you and put you on course to better handle this matter. I wish I could give a more substantive answer, but the contract documents are necessary to properly advise you. I hope you find this helpful. Peace and wellness, Mike Troncellito

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  • Setting up an LLC or Corp. Expense from hiring offshore

    Hello, Im thinking of setting up an LLC or corp for my service business and I plan to hire couple of IT programmers in India. If I make a monthly payment to offshore employee or contractor, Is it considered expenses in LLC or corp. Please...

    Michael’s Answer

    Employee costs and independent contractor costs are traditionally considered deductible expenses for the business. However, and as indicated above, a good CPA with experience in international employment/contractor arrangements will be necessary to make sure you properly withhold the appropriate funds. I would also HIGHLY recommend various contracts between you and the foreign contractors to protect your processes, clients information, and other valuable intellectual properties. It is tough enough to monitor independent contractors in our own area let alone around the globe. I hope this is helpful. Peace and wellness, Mike Troncellito

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  • What type of attorney should I get to represent me in this type of case

    My son went to earnhardt Hyundai in Avondale looking for a used car. What happen is they trick him into getting a new 2016 elantra. They lied on the credit application and said my son was employed to get the car financed after my son said he was l...

    Michael’s Answer

    Bring the contract paperwork to a contract attorney and be educated on the language and the practical effects of the contract language. Then, you and the lawyer can discuss the facts with your son. From there, a course of action (or potential courses of action) can be discussed, priced, and you can make a fully informed decision. I recommend starting with your contract in a lawyers office for a few bucks to get a consult that can help you better and more efficiently resolve this unfortunate situation. As a parent of a special needs child, I feel your pain and frustration. I hope you find this helpful. Peace and wellness, Mike Troncellito

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  • Taking car back after 3 wks to dealership since dealer could not find financing..worried I wont get my $500 back...in arizona

    Do I demand my $$ when I return the car?

    Michael’s Answer

    When you return the car, you should demand you money. However, it should not be orally. Anyone can say "he never said that" to anything you say. Your demand should be written so as to avoid any sort of attempt to escape the situation under the "he said/she said" type of defense. Hope this is helpful. Peace and wellness, Mike Troncellito

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  • What can I do if a competitor is inhibiting my abilities to run my business without legitimate reasons and clear discrimination?

    I own a small soccer club. We are fully certified to play in a certain league run by a larger soccer club. Three weeks ago, they accepted our payment to play in their league. Two nights ago, they emailed me to say they were refusing our admittance...

    Michael’s Answer

    It appears as though you have a breach of contract claim. However, as with all such claims, the level of damages, money damages, are essential before determining a course of action. You should sit with a local business litigation attorney and be taught the practical approaches available to you and the costs associated with each; as well as first determining the level of damages to make sure they warrant legal action. I hope you find this helpful. Peace and wellness, Mike Troncellito

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  • Hi. I was wondering how I can get my last paycheck from my former employer that sold the business about a month ago.

    They sold the business to someone else, & won't return my call. If the new owner paid the $ to by it wouldn't that include the $ owed to the employees and vendors? or are the former owners still required to pay those employees? They have my W2, bu...

    Michael’s Answer

    If you were discharged by an employer, the employer must provide you payment of all sums owed within 3 calendar days or on the next scheduled pay period; whichever is sooner. Failure to do so subjects the employer to treble damages (3 x's the amount owed).

    As it relates to a successor business, if the new people bought the business, then they presumably bought the debts and assets. This would arguably obligate them to pay you the past due monies. However, if the new folks only did an asset purchase, then you would have to look to the former employer for payment.

    The amount owed and the exact circumstances regarding the "sale of the business" must be known before additional help can be provided. You should consider buying an hour of an attorney's time to get properly educated on what you can do here and what the costs would be for the same.

    Hope this is helpful. Peace and wellness, Mike Troncellito

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  • Lost title

    we have a 2009 lexus we just paid off i less than a year so we wanted another car we used are lexus as collateral for a 15,000 cash loan at az fed credit union we already paid are first payment then we get a letter from corporate az fed credit uni...

    Michael’s Answer

    Failing to assist will result in them taking their money or the car. You should simply get another title, let them know what you have done to do so, and keep the process moving. If being right about their incompetence is more important, then do nothing. However, if having the car and moving forward happily is more important, consider dealing with the inconvenience and move the process along. Enjoy your new ride! Hope this is helpful. Peace and wellness, Mike Troncellito

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