Law Office of Victor W. Luke

HomeContact Us
Being Sued Need a Lawyer Bankruptcy
Legal Problems Debt Relief

18.jpg
Testimonials
12.jpg
4.jpg
17.jpg
Top Ten - Understanding How the Law Impacts Your Family

1. Buying a home? Don't buy a lawsuit! Whether you are the buyer or seller, the sale of a home likely represents the largest amount of money you will ever handle in one transaction. It may also be the time when the law has the greatest impact on your conduct. A host of legal issues may impact your deal: Who does the real estate agent represent? What must the seller tell the buyer about the home? Who is responsible for conducting the home inspection? Must everything be in writing? Can the buyer get the necessary financing? What exactly is a mortgage?

2. Understand what you are signing. Contracts come in many shapes and sizes. Is that letter of agreement you are signing actually a binding contract? Remember that contracts can have lasting and important consequences. Most legal agreements need to be in writing and follow very specific guidelines (how important is that signature?). Although contracts affect virtually all parts of our daily lives -- from buying a car or home, to making a purchase online -- few people take the time to really read what they are signing and understand the terms. When in doubt, ask questions—don't simply sign something on the assumption that it is probably fair.

3. Just because you are healthy, it doesn't mean you don't need an estate plan! The news is filled with tragic stories of young people dying suddenly. Although most of us tend to shy away from talking about our own mortality, the law makes these conversations a necessity. A well-drafted estate plan (including tools such as a will, trust, and durable health-care power of attorney) can help you direct where your assets will go, support your loved ones, ensure that your children are provided for, and make sure that you are cared for in the way you desire.

4. Law and the workplace. The law has the final word – not your boss and not your employee. Although your boss may have final say on your projects and work hours, you (and your boss!) should know that many important federal and state laws likely impact your work environment. These laws regulate what can be asked of you during a job interview, set minimum wages, provide for health and safety regulations in the workplace, set the rules for union organizing, and protect workers against harassment and discrimination. If you think your rights in the workplace have been violated, or if you are unsure what disciplinary action you can take against your employee, you may want to think about seeking legal advice.

5. Floor wax and dog attacks—do you understand your liability? If you have people in your home or on your property, you can be held legally liable if something happens to them and you may have to pay damages. In most cases, your liability hinges on whether your actions (or lack of action) caused or contributed to the accident or injury. The best way to protect yourself from such claims – in addition of course to doing everything you can to make your home safe – is to make sure you have a valid homeowner's insurance policy with sufficient liability insurance. Such insurance is designed to cover unintentional injuries on your premises and any unintentional damage you may cause to other people's property.

6. If you are in debt, bankruptcy is NOT your only option. Even if you can't pay your debts, you have several alternatives for handling debts that you cannot pay. Creditors might be willing to settle their claims for a smaller cash payment, or they might be willing to stretch out the term of your loan and reduce the size of the payments. This would allow you to pay off the debt by making smaller payments over a longer period of time, and the creditor would eventually receive the full economic benefit of its bargain. You may also be able to consolidate your debts; however, it is important to realize that after you consolidate, it is very easy to go out and borrow more. Regardless of which way you eventually go, don't jump into bankruptcy without researching all of your options.

7. If your loved one has mental capacity, he or she has the right to make his or her own medical decisions … even if you disagree with them. With few exceptions, the law recognizes the right of capable individuals to control what happens to their bodies. This includes the right to refuse suggested medical treatments or to make decisions with which your family may disagree. If your family member is making medical decisions that you think are dangerous or inappropriate, there is little you can do if he or she has mental capacity. If you think that his or her capacity is at issue, you may be able to go to court to ask for a legal guardianship, which could allow you to make these necessary and important decisions for him or her. (With proper planning, however, your family member could have granted you power of attorney, which would have saved you the trouble of going to court.)

8. Has your landlord failed to fix that leak in your roof? If you move out you might not be able to just stop paying rent. If you have signed a valid lease, chances are that you are still required to pay rent for the entire lease, even if you move out. However, you aren't totally at the landlord's mercy. If the landlord has failed to maintain the premise in a livable condition, you may be able to prove that the landlord broke local laws and therefore, violated the lease. Or, in other cases, you may be able to pay a reduced rent that reflects the reduced value of the premises. Nevertheless, don't take these steps on your own—in order to make sure you are living up to your legal responsibilities, get legal advice first.

9. Don't wait to talk to a lawyer. For many families, deciding when they need a lawyer can be a turning point in any legal situation. When dealing with legal issues, an ounce of prevention is worth many dollars and anxious hours of cure. At the very least, you should seek legal help any time you have been arrested for a crime, have been served with legal papers, or have a change in your family status (like a divorce), or financial status (like starting a business).

10. The courthouse isn't always the answer. Even if you have a legal problem, you don't necessarily have to go to court. There are a variety of options available to help you resolve legal disputes outside of the courtroom. These include small-claims courts, mediation, and arbitration. Whether you are arguing with your neighbor over a property line or thinking about getting a divorce, these options may provide you legal relief faster, and in some cases, cheaper.