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February 2017 Archives

How to proceed with an unlawful detainer case

Removing someone from your property can be a delicate affair. If you don't follow the proper procedures, you could be violating your tenant's rights, and you'll be the one in trouble. There are a variety of valid reasons to terminate your tenant's right to be on your property. It could be that they aren't paying the rent on time. They could be breaking the terms of the lease by having pets or unauthorized people on the premises. Or they might be conducting illegal activities on the property such as selling drugs.

Is a revocable or irrevocable trust right for you?

When looking into options regarding areas of estate planning, you may wonder whether setting up a trust could fit your needs. Many individuals benefit from creating various types of trusts, especially if they have certain goals they wish to achieve. Creating a trust could help you work toward avoiding probate proceedings for your surviving family or possibly reduce estate taxes that may be leveled against your estate after your death.

4 factors to consider when naming a health care agent

Adults of any age could end up facing situations in which injury, illness or advanced age lead to a need for health care assistance. If you become incapacitated, someone else will likely have to make health-related decisions for you. Rather than leave the appointment for that responsibility up to chance, you may wish to take the proper steps to appoint a health care agent yourself.

Different types of construction defects

When constructing any building, it is important that the job is done right and all parties involved are pleased with the results. Unfortunately, some companies fall short in a number of construction aspects, including planning and supervision. In many cases, when planning and supervision are not done correctly, a building may not perform the way it was expected and can create a problem between the party in charge of construction, the party who owns the building and the party who wants to purchase it. If action is taken against you or you decide to take action, it is important to know exactly what construction defects are present.

When is a will considered valid?

Many people think it is important to sit down and take the time out of their busy schedules to draft their will before they die. By doing so, you are not only ensuring your loved ones are taken care of, but you are also ensuring your last wishes are adhered to. It is great when people plan, and take the burden off of their families, but if your will is not valid, chances are there will be a lot that your family will have to discuss even though you have made it clear what you want to happen with your property and assets.

What are the possible consequences of breaching a contract?

When two parties enter into an agreement and sign a contract, it is expected that they both will uphold their end of the bargain. Businesses often enter into contracts with employees and other businesses hoping for positive results, but, unfortunately, this doesn't always happen. In fact, in some cases, when a contract has been breached, and one party feels as though the other owes them, there are several ways for the situation to be resolved.

Different types of construction defects

When constructing any building, it is important that the job is done right and all parties involved are pleased with the results. Unfortunately, some companies fall short in a number of construction aspects, including planning and supervision. In many cases, when planning and supervision are not done correctly, a building may not perform the way it was expected and can create a problem between the party in charge of construction, the party who owns the building and the party who wants to purchase it. If action is taken against you or you decide to take action, it is important to know exactly what construction defects are present.

Stretching the Nonprofit Budget

Non-profit agencies are not driven by revenue but rather to provide services to the general public, to advocate a particular point of view or to support a specific cause.  The goals achieved are a result of hard work and sensitivity to the world in which we all live. They understand the need for access to services to those who might otherwise not have the opportunity to obtain valuable information and resources. As much as they operate as a non-business entity, they do face many of the same decisions and issues as a for-profit business such as expenses, costs and legal issues.

Are you planning to build your dream home?

Following the recent election, many potential home buyers are deciding to purchase a home now rather than delaying it to a later date. According to the California Association of Realtors’, this is largely in part due to the expected increase in housing costs as a result of anticipated inflation rates. With more buyers flooding the market and limiting available housing stock, you may be considering building your dream home to check off all of the real estate must-haves on your list.

Patience and a lawyer can serve you well during an eviction

When you accept a new tenant, you do so with the expectation that he or she will respect all of the conditions of the lease. But unfortunately, every landlord will have to deal with difficult or even dangerous tenants from time to time. This comes with the territory, but you still must be prepared to respond when the situation arises.

When you should contest a will

Since wills are typically taken as the direct wishes of the person who created it, most go through the probate process without any issues. In fact, some statistics put the number as high as 99 percent. However, that doesn't mean that contesting a will is a waste of time. There are circumstances in which a will might not be considered valid. If the courts see the will as invalid, parts of it (or all of it) could be thrown out.

Avoiding retaliatory behavior as a landlord

The relationship between a landlord and a tenant can be a difficult one. As a landlord, you try to treat your tenant with respect and takes care of their needs in a timely fashion. Unfortunately, disputes can arise and lead to tenuous situations between landlords and tenants. When this happens, it's important to tread carefully lest you find yourself accused of retaliatory behavior.

What are the damages for a breach of contract?

If you run a business, drafting and signing contracts are a part of everyday operations. If the world were perfect, we could all just agree and take one another at our words. But in the real world delays are inevitable, financial issues arise and sometimes people go back on their promises. When someone does breach a contract, the court allows the wronged party to be made whole again.