The Cost of Probate – Administration Expenses The cost of probate is not easy to get a handle on because it will vary from state to state and by practice and custom in your community. The size of the deceased’s estate will also affect the cost. → Read More
Punitive Damages: What They Are and How They Work Punitive damages are designed to punish a defendant and deter bad conduct. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and some states have strict rules and limitations on when punitive damages will be allowed. There may also be caps in place that limit punitive damage awards to no more than 2 or 3 times the amount of actual damages. → Read More
Liability of Building Owner to Fix Building Code Violations in Commercial Leases When it comes to whether implied warranty of habitability applies to commercial leases, this duty differs from state-to-state. In jurisdictions that do not extend the warranty to commercial settings, various reasons have been established. It has been successfully argued that housing codes do not apply to commercial leases and commercial tenants have more bargaining power than residential tenants do. Additionally, the expectations of commercial tenants differ greatly from those of residential tenants. Yet in other states, the warranty has been extended to include commercial leases. → Read More
What is substantive law? Substantive law is the aspect of law that defines and regulates the rights of individuals and legal entities. Substantive law is one of the two main categories within the law. Substantive law encompasses all areas of torts, contract law, real property, constitutional law, family law, wills and estates, etc. → Read More
What is disturbing the peace? Disturbing the peace charges occur when a person has infringed upon or frustrated someone else’s right to peace and tranquility. Find more information → Read More
Do prisoners have civil rights? Can they successfully sue for violations? Prisoners lose many of the civil rights enjoyed by individuals in society. This is especially true in maximum-security prisons, where inmates are locked in their cells between 22 and 24 hours a day. In spite of this, prisoners do retain a limited number of civil rights, and can sue the state for certain violations, though in many cases a prisoner’s claim will be balanced against the state’s need to establish safety and security inside the prison. → Read More
What are constructive trusts and equitable liens? Constructive trusts and equitable liens are two legal remedies available when a person has wrongfully taken your property. Find out when and how you can use them to regain property that belongs to you. → Read More
What is receiving stolen property? Receiving stolen property is a crime that occurs when someone acquires goods with the knowledge that they have been stolen or unlawfully taken. → Read More
How can I find out if a will exists? Regardless of whether someone dies with or without a will, his or her entire estate must go through probate. It is completely plausible that an heir mentioned in someone’s will cannot be located. When this happens, finding out whether there was a will is very important to ensure you receive your inheritance. → Read More
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