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Michael J. Brooks

Michael Brooks’s Answers

635 total


  • How do I get payment from my own insurance company after I won a default judgement against them for insufficient claim payout?

    Michael’s Answer

    There are procedures for collecting and enforcing judgments, including interrogatories in attachment and interrogatories in execution.

  • I was hit with a shopping cart by another customer who banged into my cart can i sue the store ?

    Michael’s Answer

    From a legal prespective, more information is required to determine who was negligent in causing your injuries. It appears with the limited information that the customer who hit your cart was negligent, through no fault of the store. However, reviewing any survilance video would be most helpful. Once you have a response from corporate, you should contact an attorney to go over the matter and determine if a further investigation would be fruitful.

  • How can I take my name off of a house I co own?can I put my name in place of mine?

    Michael’s Answer

    You would sign and file a new Deed with You and your ex B/F as Grantors granting the property to your Ex B/F and your Daughter. You and your Ex B/F would both have to sign the new Deed.

  • What do i do when home depot wont solve a problem from their install?

    Michael’s Answer

    You hire a third-party repair company to make the proper repairs and then sue Home Depo for the cost of repairs to correct faulty installation.

  • Fireplace failed latest inspection?

    Michael’s Answer

    Most residential leaseholds with fireplaces usually have a provision not allowing use of the fireplace, as unattended it is a fire hazard. You lease may or may not have addressed this. Additionally, with a fireplace that is in use, you should require a tenant to purchase additional insurance, naming the landlord as an additional insured. The lease could have also passed the costs of repairs for the fireplace onto the tenant. The landlord certainly must provide heat, but does not have to provide heat from multiple heat sources.

  • Should I form an LLC?

    Michael’s Answer

    Limited liability companies provide all the same liability protection of personal assets as a corporation—but with much less red tape. A corporation, for example, requires periodic stockholders meetings, a board of directors, regular board meetings, and of course records of all these activities and bodies. However, a limited liability company does not.

  • How do I add a name to a deed?

    Michael’s Answer

    Your Mom would be the Grantee and you, your brothers and your Mom would be the grantees on a new deed. You should see a real estate attorney as a title company usually only drafts deeds in connection with issuing a title insurance policy.

  • Business ownership agreement?

    Michael’s Answer

    When you form the LLC, contact information for the tax responsible member is required, on a docketing statement which is not made public - only the name of the LLC and its registered address which appear on the Certificate of Organization is made public, and a copy returned to the filer. The Operating Agreement, which is not filed and not made public, determines the owners and their rights and responsibilities to the LLC. The Operating Agreement is a contract between the members and the LLC listing all members and their ownership rights. If you are a multi-member LLC the Operating Agreement is the documentation which proves ownership, and is signed and agreed to by all owners.

  • Should or can a commercial lease be legally signed by a corporation's name or individual person or both?

    Michael’s Answer

    From the Landlord's perspective, you want the lease signed in the corporate name and to include a personal guarantee where the business does not have a credit history with the Landlord. If the person signing the personal guarantee is married, you should seriously consider having both marital partners sign, as marital assets will likely be protested from any judgment not against both.

  • What would be the best way to add someone to a single member LLC for the purposes of co-signing?

    Michael’s Answer

    This is done through the Operating Agreement, where both parties are members and you are the sole member manager with control over managing the business.