James M. Schoenecker's Answers

My mother in law purchased a home and has passed away. Who is responsible for the mortgage? Can it be assumed by an heir?

Most states have passed laws that say that a death does NOT trigger the "due-on-sale" clause of the mortgage. You just keep paying. You are not really assuming the mortgage since you didn't fill out any paperwork. You are taking the property "subject to" the mortgage. If you want the title of the house in your name, then that is a different story, as is paying the other heirs their shares of the equity. I presume no will was made. Contact an attorney in your area. I am in Milwaukee as well.

Can a testamentary trust with the parameters set as to assist personal care funding be forced to pay for chgs for private room?

An irrevocable Testamentary Third Party Special Needs Trust. is a trust defined as including any legal instrument or device that is similar to a trust, but not including testamentary trusts. 42 U.S.C. §1396p(d)(6); HCFA Transmittal 64 §3259.1A1. Therefore, testamentary transfers to a third party special needs trust are not subject to SSI or Medicaid transfer rules. There are no transfer penalties for a transfer to a self-settled special needs trust, because such transfers are exempt. 42...

If a year ago you agree to sell someone your piano, pay for it to be moved to their home from Des Moines, Iowa to Kansasville,

First, if your agreement is not in writing it falls under the statute of frauds. This is a law that says certain kinds of contracts have to be in writing in order to be enforceable in a court of law. The writing also has to be signed by the person, or that person's agent, who is responsible for the contract. Contracts that have to be in writing include: •Contracts for the sale of land or for any interest in land •Contracts when one party is agreeing to become personally responsible for...

Can a verbal agreement between myself and a car dealership be constituted as a verbal contract?

In addition, in most states, to get past the statute of frauds, certain types of agreements must be in writing to be enforceable. Typically, any agreement that is worth more than $1,000 must be in writing. Also, agreements that take longer than one year are required to be in writing.

If i gave a statement but just had brain surgery and was under madication that night is that legal or illegal

The criminal justice system requires that individuals accused of crimes be competent to understand and participate meaningfully in legal proceedings against them. This provision of competency aims to protect the fairness, accuracy, and dignity of the legal process, and to preserve client autonomy. Concerns about an accused’s competency can arise at any time during legal proceedings. Various types of competency, such as competency to waive interrogation rights are included during this process....

If you lend a car to someone for a day and they won't return it, can you report it stolen?

No, you cannot report it as stolen as your case is classified as criminal breach of trust (CBT) and not theft. CBT occurs when property has been dishonestly misappropriated by someone who has been entrusted with it. On the other hand, theft is defined as taking away the property without the owner's consent. In addition, most motor policies will not pay on a claim if the car is stolen by someone who has permission from the insured to drive the car. It is a common condition under a motor...

Are verbal agreements enforceable in North Carolina

First, as this agreement is not in writing, the statute of frauds is a law that says certain kinds of contracts have to be in writing in order to be enforceable in a court of law. The writing also has to be signed by the person, or that person's agent, who is responsible for the contract. Contracts that have to be in writing include: •Contracts for the sale of land or for any interest in land •Contracts when one party is agreeing to become personally responsible for another party's debt •...

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