Know your rights

Divorce does not change obligations on a car note

Q. I had a divorce in January 2012. In the decree, a 2012 Toyota Corolla was awarded to my ex-wife. When we bought the car, it was in her name as the buyer and mine as the co-buyer. My ex-wife had been doing very well, making all the payments on this car, until April of this year. I thought my attorney had sent Toyota finance the divorce decree to show she was liable for all future payments.

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Renter causing fire could be held responsible for the entire building

Q. I recently had a small fire in my apartment. I think it was caused by the new clothes dryer I had installed. The landlord collected for the damage to his building from his insurance company. Now the insurance company is coming after me for $60,000 because of a clause in my lease. This fire was not my fault. How can I be sued?

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Wills do not have to be registered

Q. My father recently passed. Question is, he had made a will with a lawyer but never had it registered. Is the will still valid? What happens if he did not have a will? Does all the property go to the state?

A. A will is valid and enforceable once it is properly prepared and signed. In most cases, a will also is notarized. This is not necessary, but it does make it easier and less expensive to probate the will. A will, however, does not have to be filed or registered to be valid. The attorney may now file the will for probate.

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Truck owner not responsible for your cracked windshield

cracked windshield

Q. I was driving down the road when the large truck in front of me kicked up a small stone from the road into my windshield. I filed a claim with the owner of the truck, and it refused to pay. Do I have a case for small claims court? My friend was with me and can testify that she saw the stone thrown from the truck into my windshield.

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Landlord must change the locks, but tenant must pay

Q. I let a friend borrow the extra key to my apartment and he lost it. Can I require my landlord to change my locks?

A. Under the law, a landlord has an obligation to change the locks at his expense when a new tenant moves in. After that time, the landlord must change the locks whenever the tenant requests, as often as the tenant wants. The tenant, however, must pay the costs of installing the new locks. In other words, you can require your landlord to change your locks; however, you must pay the costs.

 

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In Texas, employment is ‘at will’

Q. My son was hired as a mechanic’s assistant at $14 an hour. He told the supervisor that he had some experience, but he was willing to learn as he went along with the job. The supervisor was fine with this, and my son was given other duties as well. My son was very happy, always on time to work, apparently no problems. Last week he was called to the office and told they had hired a previous ex-employee to come back as the assistant. My son was given the option to go work in another job, but his pay would be reduced to $10 an hour. Is this legal?

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Store might not have any liability for your accident

Richard Alderman

Q. I went to a big-box store last week and had an accident. The manager completed an accident/incident report. I am not sure quite what actually happened, but I wound up in the floor in a sitting position. I hit my knee, and elbow somehow on the way down. I have an appointment with my doctor this week to get checked out. I have never had to deal with something like this, and never expected it. I would like to know what procedures or steps I should take for something like this.

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Register now for the People’s Law School

Once again, it is time for the “People’s Law School,” the oldest and most successful law program for the layperson in the country. This is your chance to learn more about your legal rights, and have fun at the same time.

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Landlord and tenant may negotiate amount of rent

Q. Is it against any law to negotiate rental rates? Could it be considered discrimination if a landlord charges different rates for the same size apartment?

A. Discrimination is basically treating one person better or worse than another. It is discrimination to charge different people different rent for the same apartment. Discrimination, however, is not per se illegal. In fact, it is not uncommon for a seller to charge different prices to different customers. I am sure that many people who buy the same type of car pay very different prices.

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Just living together does not create a common law marriage

Q. My daughter had a baby and is living with the baby’s father. Are they married? He says they are not. What rights does she have if he leaves? He is taking care of her and the baby but is threatening to leave her.

A. Under the law, if he is the father of the child, she has the right to receive support for the child. She is entitled to child support regardless of whether they are married.

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