Remedies for Breach of Contract
Many states utilize a mix of statutory and common law to provide remedies for breach of contract. There are two general categories of remedies for breach of contract: damages and performance. Damages ...
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What role does the personal representative play under a will?
What role does the personal representative play under a will?...
I received an IRS Notice of Deficiency for Income Taxes Owed. Now What?
A Notice of Deficiency, also known as the 90-day letter, from a government agency is the official written claim by such agency determining that you owe income taxes, along with interest and penalties....
Can I continue to drive the vehicle while making a lemon law claim?
If you make a lemon law claim on a vehicle because you believe it is defective and the warranty has been violated, you are not prevented from continuing to drive the 'lemon' vehicle in the meantime. T...
What is a pre-dispute arbitration agreement?
A pre-dispute arbitration agreement is an agreement made by parties in a contract before any issues or problems arise. The agreement mandates that any disputes that the parties have will be handled no...
Will Contest Statute of Limitations
Statutes of limitations for contesting wills, or time limits for a will contest, depend on when the will was admitted to probate rather than on the date of the individuals death. There are other time ...
Leaving Gifts to Minors in Your Will
Your estate planning will can be used to address two major concerns if you have young children'who will raise them if you die, and who will supervise property you leave for them. The supervision of pr...
Florida Small Claims Court
If you're thinking of filing a lawsuit concerning a sum of less than $5,000 in Florida, you should file your claim in Florida small claims court. Small claims are handled in the Florida county courts ...
If I am sued and I win, does the losing party have to reimburse me for my court costs and attorney fees?
Generally, according to the American Rule, each side pays their own attorney's fees and costs. However, under some circumstances attorney's fees and costs are awarded statutorily to the winning party,...
How Do Insurance Companies Handle Natural Disasters?
Whether or not natural disasters (or what are sometimes referred to as "acts of God") are covered by insurance and the extent of coverage offered depends on the insurance company, the policy purchased...
The Gulf Oil Spill and Class Action Lawsuits against BP: When to Join and When to File Privately
You may have been harmed by the Gulf oil spill or another accident. It can be expensive and time consuming to file a claim alone, so joining a class action with other people who were similarly injured...
What are nominal damages?
Nominal damages are a damage award issued by a court when a legal wrong occurred, but where there was no actual financial loss as a result of that legal wrong. Typically, when a nominal damage award i...
What is the procedure for establishing power of attorney?
The circumstances have arisen where you foresee a time when you may need someone else to have power of attorney over your affairs in order to make decisions and take action on your behalf. Here are th...
What is a fixed trust?
The term fixed trust is commonly used to refer to two different types of trusts. The first type of fixed trust is an actual form of trust with very specific instructions for the trustee. The second ty...
Is Probate Necessary?
Is probate required? Whether probate is necessary depends on what property the decedent owned and how it was held, and on the law of state in which the decedent died and the laws of any states where t...
What are the benefits of marking?
Marking provides certain procedural advantages to the owner when attempting to enforce a trademark. You cannot obtain lost profits and damages if you don't use the notice. However, marking need not be...
What Is Elder Abuse & What Can Be Done?
Every year, thousands of elderly Americans are abused in their own homes, in relatives' homes, in nursing homes and in other facilities responsible for their care. This article discusses the signs an...
Do I still owe taxes even if I’ve never received a tax bill?
Even if you have never received a tax bill, you still owe any taxes due to you. As long as you are working legally in the United States and/or own property in the United States, you have the obligatio...
If an adult child gives money to a parent to be used for living expenses, does the maximum tax-free gift rule apply?
The IRS allows for monetary gifts to be given without taxation of between $1.00 and $14,000.00 (or the posted rate for that specific tax year) to anyone. This $14,000 maximum gift can be given to anyo...
Is there any way I can prevent nursing home costs from wiping out my father’s savings?
My dad has some savings. I fear he will have to go into a nursing home, and that will wipe out all his savings. Is there anything I can do?...
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