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Answers to some Frequently Asked Legal Questions
Why
should I have a will?
What is "Small Claims" Court?
What is a Mechanic's lien?
Laid-off, Downsized, Fired?
What is Title Insurance and why do I need it?
I'm buying a house. Do I need an Attorney?
 Where can I find additional resources?
What is a Mechanic's lien?
No, it has nothing to do with your car.
It's all about what happens when you have a dispute with a contractor who does
work on your home or business. Failure to pay according to the contract allows
the contractor to place a lien on your property - even if the work wasn't done
right!
To protect your interests, a No-Lien Agreement should be filed Before any work
begins. This is a low cost way to protect yourself against unfounded claims and
disreputable contractors. If the Contractor refuses to sign a No-lien Agreement
as part of his contract with you this may indicate problems down the road.
Laid-off, Downsized, Fired?
Different ways of saying "I've got to start over".
You may have lost your job, but not your rights.
Health Insurance, Vacation, Unemployment and other benefits may have been earned
by you before the lay-off. You may also have a claim for money damages if the
Employer discriminated against you.
You owe it to yourself to discuss all of your options before you sign any
Release.
What is Title Insurance and why do I need it?
Title Insurance has nothing to do with the car you drive, but everything to do
with protecting your rights in the ownership of your home or other property.
When you purchase any real estate, it is important to determine whether or not
there are any liens, judgments or easements which would affect your ownership of
that property. Title Insurance protects you from the things you don't know about
the property. Many times, when people buy property from relatives or in a cash
transaction, they do not bother to get Title Insurance. This small investment
could be the most important one you will ever make in your real estate.
In this time of falling interest rates, you may find yourself with the
opportunity to refinance your current mortgage. Don't do it without talking to a
title insurance expert and don't forget to contact your credit union to see if
it may be possible to refinance your mortgage with them.
I'm buying a house, do I need an attorney?
The purchase of a home is, for most people, the biggest single investment they
will every make. During these negotiations on your most important purchase ever,
you need to have your interests protected. Having an Attorney review all of the
documents you are being asked to sign can help you avoid a world of problems in
the future.
Just remember, there is no such thing as a simple Agreement when it comes to the
biggest investment of your lifetime. Protect your investment and protect your
piece of mind by seeking competent legal advice before you sign anything!
A competent attorney can also guide you through the pitfalls of the mortgage
process and the closing documents.
Why should I have a will?
If you die without leaving a Will, your home, money, and other property will be
distributed according to a formula fixed by state law. As a result, your
property may be inherited by people you do not want to share in your estate. In
addition, when you make a Will, you may choose your personal representative.
That person is called the Executor.
Another important aspect of having a Will is naming the Guardians for your minor
children. A Guardian will raise your children and manage money or other property
which your children inherit.
Your Will speaks for you, after you have died, carrying out your specific
wishes. Don't leave those important matters to chance or in the hands of the
government.
What is "Small Claims" Court?
This "catch-all" term has been used for years to describe the workings of the
District Magistrate's Office. You may file a suit with a District Justice if you
have a complaint against a person or business, which does not exceed $8,000.00.
This simplified version of the Court system allows your dispute to be placed
before the Judge very quickly. All types of monetary disputes may be filed
before a District Justice, including damages to property, refusal of a
contractor to complete a job, or failure of someone to pay a debt owed to you.
If you are successful, you may be entitled to also receive reimbursement of your
court costs.
The "Small Claims" courts are here for your protection, so don't be afraid to
use them when necessary.
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