J. Richard Mc Entee Jr.’s Answers

J. Richard Mc Entee Jr.

University Place Real Estate Attorney.

Contributor Level 8
  1. What does it mean to to a business when they shall indemnify and hold harmless the party from any loss, damage or liability?

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Michael Charles Doland
    3. Frank Anthony Natoli
    4. Michael Leo Potter
    4 lawyer answers

    Basically, when one person/party indemnifies another party, that person is saying that if the other party is sued or becomes liable for the first persons actions, he will take responsibly for the the issue and protect that person. In other words, the indemnifying party will become financially responsible for the indemnified party for the instances specified in the indemnity clause. The fact that the language is mutual, it means that each party will be financially responsible for its acts...

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  2. In our Will, does it make any difference if our assets are registered in separate spouse names or owned jointly?

    Answered over 1 year ago.

    1. Sarah J Jordan
    2. Spencer A'Lee Wildig Stromberg
    3. J. Richard Mc Entee Jr.
    4. Christopher Michael Veraya
    4 lawyer answers

    It will definitely make a difference if assets are owned/titled as separate assets or community property. For disposition of the assets, each of your wills work separately for the distribution of assets. i.e. if the asset is your separate property, then YOUR will controls the distribution not your husband's will. Correspondingly, the general rule is that if the asset is community property, then you can only dispose of 1/2 of the community property by your will. If you have additional...

    7 lawyers agreed with this answer

  3. Do I need a real estate attorney?

    Answered over 1 year ago.

    1. Katie Jean Comstock
    2. J. Richard Mc Entee Jr.
    3. Daniel Garrett Wilmot
    4. John Christopher Bannon
    4 lawyer answers

    Assuming that the survey is correct (they are not always so) it appears that you have a strong case here. The other answers are correct in what they say. It is also worth noting that in an action to quiet title to the disputed property, the prevailing party now may recover attorney fees and costs. i.e. if you perform a survey and it appears that you have been using/maintaining the property in question, you could remind your neighbor that if you prevail in an adverse possession suit, he will...

    6 lawyers agreed with this answer

  4. Living in home for 7 years with bona fide lease that states I can buy home in the event of landlords death. Landlord died.

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Thuong-Tri Nguyen
    3. Michael T Millar
    4. James P. Frederick
    4 lawyer answers

    You may be able to purchase the home. However, there appears to be a valid lien against the property in favor of the bank. It the lien is valid and the bank has not been paid, the bank is within its rights to foreclose. You should probably find out who is handling the landlord's estate. Since the landlord owned property, there will likely have to be some type of court action (probate) in the superior court of the county where the property is located. The person handling the estate should be...

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  5. Plumbing damage caused by new construction

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Benjamin T G Nivison
    2 lawyer answers

    I became a little lost in your question related to the pipe layout from the city of Kent. It looks as though part of the sentence is missing. In any regard, if the neighboring construction company damaged the pipe on your property it would definitely still be liable. To recover from them, you will have to prove that they caused the damage. So, before you repair and as your repair, you will probably want to document what is the damage and what was necessary to repair it. You should take...

    6 lawyers agreed with this answer

  6. We are a sole proprietor and want to change to an llc, can this be done mid year and what do we need to do?

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Kyle Stephen Hulten
    3. Charles Richard Perry
    3 lawyer answers

    Yes, you can change to an LLC at any time. As a sole proprietor, the government does not recognize your business as separate from you as an individual. You will note that when you filed your taxes, there was not a separate filing for the sole proprietorship. Most folks file Schedule C with their 1040. As an LLC, you create a separate entity that will own/operate your business. It will file separately with the state and federal governments. As for creation of an LLC, it is a state chartered...

    5 lawyers agreed with this answer

  7. I have new neighbors building a house next door, which is a residential area outside the city limits

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Timothy V. Kassouni
    3. Brandy Ann Peeples
    3 lawyer answers

    Your options will depend upon a variety of things. Even though outside city limits, there may be county regulations that prohibit such activity. This would be a good place to start. Aside from that, you may ultimately have a claim for nuisance. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or tenants have the right to reasonable comfort and convenience in the occupation and use of their property. This would be the...

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  8. Statute of Limitations on quit deed signed under duress?

    Answered 10 months ago.

    1. Mary Gail Carver
    2. J. Richard Mc Entee Jr.
    3. Shawn B Alexander
    4. Pamela Hazelton Rohr
    4 lawyer answers

    It is hard to say what kind of recourse you may have. I suspect that it will be difficult to stop the foreclosure. Your best course of action is against your father. I suspect that the lenders made the loans in the good faith believe that they would be paid and that your father owned the home. To go to court and challenge otherwise would be tough. I say this because there will not be too many judges who will be sympathetic to your situation. Based upon your statements, you committed fraud to...

    4 lawyers agreed with this answer

  9. In the 1990s, my mother put some property in my siblings and my name. She has been paying taxes on the properties.

    Answered about 1 year ago.

    1. Chandra Melissa Lewnau
    2. J. Richard Mc Entee Jr.
    3. Celia R Reed
    4. James P. Frederick
    4 lawyer answers

    There are a few issues related to this but none that cannot be sorted out. I think that you will need to speak with a tax and or real estate attorney in Illinois. If the property was deeded outright to you and your siblings, then it could be argued that you were the landlord and income from the rental could be imputed to you. Thus, tax liability could be at your individual tax brackets. The fact that your mother paid taxes speaks to the understanding that you may or may not have had with your...

    4 lawyers agreed with this answer

  10. Went into a business with a friend. invested about 500.00 it didn't work out and now he refuses to return my investment

    Answered over 1 year ago.

    1. J. Richard Mc Entee Jr.
    2. Matthew F. Davis
    2 lawyer answers

    Interesting question. What is the status of the business? Is it a partnership, corporation, LLC? Is it ongoing? From your question, I assume that you are an owner and that the money you invested was not a loan but essentially a purchase of ownership or a capital contribution. If it was a loan, then it could be that the business should repay the loan. Did you have an agreement, written or oral as to what would happen if one of you were to leave the business? Is one required to buy out the...

    4 lawyers agreed with this answer