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How Do I Add a Name to a Deed? And More Free Legal Advice – Free Joe 2/22/13

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Rebecca: Hey Joe! :) maybe I have the first question of your day… Hope I’m not too early.
My husband inherited our 4-family building through a quit claim deed in 2006 (this is in KY). To get the building into joint name with me, can we just use the same info/format from the old document, change the names, and have it resigned/notarized? Or do we have to have an attorney draw it up and file it?

Joe Escalante: I’m not an expert on Kentucky grant deed transfers, but what I would do if I were you is to have a conversation with the County Clerk. They will tell you the documents you need to file to get your name on the deed. You don’t need a lawyer. Also, Legalzoom might have the proper document for you. Check it out.

LegalZoom: Here’s the link, Rebecca:

Barbara: why is it that a lawyer start a really tiny estate that only had 6,000. in cash
was suppose to be split 3 way’s cost us 3,500.00 to finish the estate … and maybe more … are all lawyer this way ?

Joe Escalante: Legal work sucks, so you have to pay a lot to get people to do it.

Nikhil: This is for Joe: How do I file taxes for my Delaware C-Corp if it did not make a profit? Do I have to file anything?

Joe Escalante: Yes you do. Check in with Gary the tax expert here on Thursday, but eventually you will need to hire a tax pro to file for you unless you can do it yourself. I couldn’t.

LegalZoom: Here are the Ask the Tax Pro details:

Christina: My husband and I got married 4 years ago and I still have my maiden name because when we got married he was in the process of changing his last name to his dads and then immediately after we got married his new last name became official before I got the chance to change mine. What do I do to get his last name if he had a different one on the marriage license? Can I got about changing it the way anyone would after they get married and just show his new and old ss cards and birth certificates with the marriage license?

Joe Escalante: To legally change it you need to go through a court process. Theoretically, the public needs to know you’re not up to shady stuff. Check the link below

LegalZoom: Here you go, Christina:

Charlie: how can i overturn am easement on drive way and a garage if the party isnt mainting it, blocking use by us, or the original party who owned our property and granted the easement was 100 at the time and not aware enough to do so?

Joe Escalante: You need to challenge the easement in court. A lawyer experienced in property easement litigation will tell you what kind of surveys, evidence, etc. you will need to prepare your case.

William: what are the 5 most important criteria for retaining legal consult for setting up a franchise?

Joe Escalante: I don’t know but I would just make sure the lawyer has some experience in the field and a couple of decent references.

Scooters: My son is in a car wreck. Injured badly. Liability carrier will settle for limits if he gives a release. Uninsured Motorist carrier says if he realizes tort feasor they won’t pay because he would be cutting of right to subrogation. What does he do?

Joe Escalante: You need a good personal injury attorney to take a look at this before you sign anything.

Sandip: Under tax law, a greater than 50% ownership change in a partnership is a technical termination of the partnership. What are the legal causes of an involuntary dissolution of a partnership outside the partners willingly dissolving it or bankruptcy?

Joe Escalante: Potential causes of an involuntary dissolution should be mentioned in the partnership agreement. Death or incapacity of a partner would trigger dissolution, also certain breaches of a fiduciary duty could also if they were mentioned in the agreement or were so serious that the partnership’s purpose was frustrated beyond repair.

Jamie Lynn: What do I legally have to do to start a review based website? I want to make sure I am covered before the site goes live. Thank you :)

Joe Escalante: This is an open ended question, but in general, among the many things to worry about, be cognizant of intellectual property rights, rights of publicity, the First Amendment, the fair use doctrine, and defamation standards.

Robert: I’m on social security disability have credit card debt that’s really effecting my day to day life. my ? is
If I default on my credit cards can they come after my social security check that is direct deposited into my checking account? Should I file for bankruptcy?
And if I do file for bankruptcy can the go after my paid for car?

Joe Escalante: They can’t garnish ss checks, but if they get a judgment in court they can seize what’s in a bank account in most circumstances. Bankruptcy will keep them from taking what you need to live on. They can’t touch a paid for car. But the bankruptcy trustee could order you to sell it to pay creditors.

Denise: My cousin used my name and info to get electric on and the electric company said I am responsible. What can I do about filing charges on her for fraud?

Joe Escalante: You could report it as an identity theft case, and try to file a police report with the local authorities. But prepare for them to resist heavily. You have to be persistent. But be careful. If they don’t want to file it, they will threaten you with arrest if you don’t leave the police station. Welcome to America.

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February 26th, 2013 at 5:26 am