Lesson 48: The Family Court System

From the Divorce section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). Divorce, custody, child support and similar cases are handled in many states in a special court, often called a Family Court. In other states the regular trial courts handle those cases. However, in most jurisdictions family law cases…

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Lesson 47: Thy Will be Done

From the Death and Taxes section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). People are often confused about what a Will is and what it can do. A person’s Last Will and Testament is of little use until he or she dies. While the maker of the Will is…

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Lesson 46: “No Assets” Means No Hassles

From the Death and Taxes section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). Have you ever heard the saying, “He died with nothing but the clothes on his back.” Someone like that does not leave any assets behind for anyone to worry about. But when someone dies with significant…

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Lesson 44: Are you an Executor of an Estate?

From the Death and Taxes section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). When someone dies, a spouse or relative usually takes legal responsibility for the property (called an estate) ownd by the deceased. A part of those responsibilities is the debts of the deceased. The Probate Court will…

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Lesson 43: Learn What a Last Will and Testament Provides

From the Death and Taxes section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). A Last Will and Testament, or simply “Will”, is a written expression of your desires for our your property will be distributed once you have died. The law requires that a Will be signed in the…

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Lesson 42: Mechanic’s Lien

From the Real Estate section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). Once a carpenter, plumber, electrician or other tradesman has completed his work on your construction project (typically a new house), he can file a lien against your title to ensure payment of the bill. There are strict…

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Lesson 41: What is an Easement?

From the Real Estate section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). Sarah and Bob bought a house located in a subdivision which was developed three decades earlier. Their lot was one of the last two created and built upon. The sewer line from their house was out of…

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Lesson 40: This Stinks! Pollution Problems with Real Estate

From the Real Estate section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). Failure to disclose nearby environmental blights in a real estate transaction is a growing source of legal disputes. One case in which I was involved had a very interesting situation. A disabled man, Jim, was shown a…

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Lesson 39: Killer Termites?

From the Real Estate section of How You Can Avoid Legal Land Mines by Joseph S. Lyles (2003). When can termites be killers? When they kill a real estate deal. Every house is sold with a contract that requires a clear termite letter. A termite letter is simply a written report from a pest control…

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