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Michael Austin Hackard

Michael Hackard’s Answers

85 total


  • Commercial Property

    I own a commercial property, and the tenant has a garbage disposal in the propety, he has been in the property for sometime, and the disposal finally broke down. Is this replacement of the garbage disposal something the owner covers or the tenant?

    Michael’s Answer

    You have to look at the terms of the lease to see whether a fixture like a garbage disposal is the responsibility of the landlord or tenant. Similar fixtures would include such items as water heaters, air conditioners, heaters and lighting.

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  • Will the bank take my home if the home was used as a collateral for a loan obtained by a relative who has stopped paying?

    A few years ago, my sister-in-laws fooled me into quitclaiming my home so she could take out an equity loan used to start her business. After getting the loan, she quitclaim herself and the property is back under my name. The business failed and...

    Michael’s Answer

    From what i can gather your home is security for someone else's loan. That said, the bank has a secured interest in your home and if the loan that is secured by the interest goes unpaid the bank can foreclose on the loan. You should see a local lawyer familiar with real estate issues. A lawyer could help you to determine the current state of title and also help to figure out the complexities of the unpaid loan.

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  • I have a judgment. Its just a piece of paper. How do I collect cash?

    Ohio

    Michael’s Answer

    Different states have different rules. Most states allow for the recordation of abstracts of judgment that would put all third parties on notice that you have a claim against a real property owner who is a judgment debtor. There are similar statutes for filing a notice with your Secretary of State's office for notice and lien rights on personal property. After all of that has been done there are collection procedures that involve the execution and forced sale of the judgment debtor's property. See a lawyer in your jurisdiction.

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  • The residential lease agreement states that there will be no changes unless it is in writing, but it was changed anyway.

    Both the tenant and landlord agreed to lower the rent by $100, but that change was never captured into the lease agreement. Now another dispute has arisen. The landlord is basing their rights on the lease agreement,. Did the earlier change to the ...

    Michael’s Answer

    Your question is not entirely clear. If the question is whether an oral agreement to modify the rent that is acted upon by the parties ($100 less paid in rent and the lesser amount is accepted by the landlord) changes the terms of the whole lease agreement then my view is that the lease agreement would be intact. The modification as to the rent can be proven by checks or receipts of the lower rent coupled with the landlord's acceptance of the rent.

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  • Decedent's date of death was in Dec. 2012. I am the personal representative. There is only one expected asset. See next.

    The expected insurance of $10,000 has not yet been received.. My CONCERN: Is there deadline for petitioning for a small estate??. It is already March. The only debt will be the fee for a court appointed guardian which has not yet been approved b...

    Michael’s Answer

    A valid answer to your question depends upon the decedent's place of residence. Your next post should identify the place of residence. Different states have different statutes.

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  • How should pro-rated rent be calculated in February? Should I be returned rent from the 18th or 19th?

    I gave 30 day notice on January 18th. I don't know if it goes exactly 30 days or goes to the same day of the following month no matter the 31st day in January. My landlord calculated the pro-rated rent divided by 28 days. I thought in California e...

    Michael’s Answer

    I believe that your issue is addressed in California Civil Code Section 1946. Section 1946 provides in part:
    "As to tenancies from month to month (I am assuming that your tenancy is month to month) either of the parties (that includes you as a tenant) may terminate the same by giving at least 30-eays written notice thereof at any time (this would include your mid-month noticie) and the rent shall be due and payable to and including the date of termination (30 days from January 19th)."
    "Day one" for the notice is January 19th, so thirty days would be up on February 17th. I think that your landlord has the right to calculate the pro-rated rent by 28 days. For an understanding of this in a month to month lease the rent is almost always the same for a 30 or 31 day month. The same goes for February. You may the same rent for February (28 day month) as you do for January (a 31 day month).

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  • Mother died 1 mo. ago & left a home that was paid for to her 4 children, no will. My sibling, a hoarder, lived with Mother for

    the past 10 yrs . Need to clear out , clean up , do cosmetic improvements . Sibling not cooperating , need to know legal actions that can be taken to get sibling to cooperate & get house sold . Sibling is not able to buy or take care of...

    Michael’s Answer

    First, I am not a Mississippi lawyer so I can only apply general law principles. If your mother left her home to the four of year equally as tenants in common then you can utilize a partition action to forece a sale of the home. Not knowing the mechanism that was used to "leave" the home to you it may be necessary to probate your mother's will and to secure a court order for the sale of the home. See a lawyer in Hattiesburg (nice town - I've been there) who is familiar with wills and trusts.

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  • What are responsibilities of surviving co borrower on mortgage loan?

    My husband and I bought a home together as co-borrowers on the mortgage and co-owners on the title of the home. 1. Will the surviving partner be responsible of the half of the mortgage that was supposed to be paid by the co-borrower who passed a...

    Michael’s Answer

    First - it is a safe assumption but still an assumption that you purchased the home as community property. As such you are each a borrower and have joint and several responsibility for all of the loan. It is quite unlikely that the lender has a "due on sale" clause if one of the borrower's dies - I have never seen this.
    If title is currently held as A and B, husband and wife, and A dies. B can petition a probate court to have title confirmed in her name alone as the surviving spouse.

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  • How do I get Power Of Attorney of my grandmother?

    My grandmother is 70 years old and has Dementia / Alzheimer's . My dad has PA , but he is in Japan and he gets all of her funds . However , he do not send any of her funds for me to provide care for her . I am unable to get her the care she ...

    Michael’s Answer

    See a local attorney is Baton Rouge who is familiar with guardianships and conservatorships. Often time local bar associations can make referrals if you are not able to identify attorneys who have those skills required. Until there is some type of judicial intervention your grandmother's circumstances are unlikely to change.

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  • What is the difference between a Will and a Living Trust

    My mother is a home owner with a modest amount of valuable possessions. We are weighing the difference between a Will and Living Trust. Our goal is for her to be able to leave as much of her property and possessions to her family as possible, with...

    Michael’s Answer

    A will is a document which identifies the method to be used in the management and distribution of his/her estate after death. A living trust is an agreement created during a person's lifetime that appoints a trustee over his/her contributed assets and identifies the beneficiaries of those assets. Living trusts are helpful in passing assets without the necessity of court supervision (although there are numerous exceptions to this). See local counsel experienced in estate and trust law.

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