Legal Questions Answered

Q: We're looking to buy a new house. Our sales agent recommended a lawyer to me. This is a lawyer the agent has worked with on many occasions. Should I use this lawyer?

A: Maybe, but you may want to have a different lawyer review the contract through the Union Plus Legal Service. An independent lawyer can advise you of the pitfalls of the contract and what you have to watch out for.

Irene Brunstein
Union Plus Legal Service lawyer
Rockaway Park, NY

(In the Union Plus Mortgage Program, the program lender usually recommends working with title companies/settlement specialized attorneys who are familiar with the mortgage process. Union members may choose a different lawyer and/or hire an attorney to accompany them at the closing table for document review and an explanation of the documents, making them more comfortable at the signing.)

Q: There is something I want to buy, rent, borrow, lease, use, or a friend asks me to do him or her a favor and guarantee something, like a loan. The seller or lender wants me to sign a simple agreement. He tells me it is just a formality and it is nothing I should worry about. It is just standard. Should I sign it without reviewing?

A: Never. These simply "formalities" are binding and legally enforceable contracts that you may one day regret and have to pay for. You have free legal advice. Fax the document to a lawyer and go over the document with him or her to explain what it means, in simple language.

Q: My spouse and I are not getting along. I think a divorce would be beneficial to us both. I am afraid because my spouse tells me she or he will leave me penniless, or will never allow me to see the children, or some other such undefined threat. What should I do?

A: Get a free initial consultation with a lawyer in the Union Plus Legal Service. The lawyer will advise you of your rights. Children are in need of both parents. If one parent interferes with the visitation of the other, the courts will readily change custody of the children to the spouse who will allow the other adequate and frequent visitation. Or joint custody may be in order. New York is an equitable distribution state. Property even in the name of only one spouse is marital property - unless the other spouse can show it qualifies as separate property, usually only if it was purchased prior to the marriage or from funds acquired by inheritance, or a personal injury settlement.

Note: State laws differ so always check with a lawyer licensed to practice in your state.

Q: What's the use of getting legal representation for a traffic ticket?

Katy Kurtz
Union Plus Legal Service lawyer
Denver, CO

A: Here are several reasons why legal representation may be advantageous if you are charged with a traffic violation.

• First, an attorney may help ensure your continued eligibility to drive. A lawyer can often obtain a reduction or even a dismissal of the charges by presenting the merits of your case and pointing out errors made by law enforcement or other witnesses at the scene.
• In addition, attorneys should be familiar with the defensive driving classes and other alternatives that may be helpful in reducing the impact of a ticket on your motor vehicle record.
• Second, there are potential cost savings to hiring an attorney. Lawyers can appear on your behalf in court to save you valuable time away from your employment or other responsibilities. A reduced charge may prevent an increase in your auto insurance premium.
• In addition, your legal representative will present mitigating information to the court which may result in a lower fine.
  
   

Q: A police detective contacted us about allegations made about a member of the family. She said she wants to hear our side. Should we talk to the detective?

A: Anyone who has watched a "cop" show on television has heard police officers read defendants their Miranda rights -- namely, that you have the right to remain silent and anything you say can and will be used against you. This warning should not be taken lightly by anyone under suspicion for committing a crime.

A detective or police investigator's offer to listen to your side can be very tempting. The officer may express a willingness to drop the whole thing if he or she believes your point of view. On the other hand, many citizens fear that if they do not cooperate with the police, they are more likely to be charged with a crime.

Speak to a lawyer before agreeing to discuss a potential crime with law enforcement. Citizens often have very little to gain by sharing their story with the police -- and a lot to lose. Whatever you say will most likely be used against you. So exercise your right to remain silent and contact a lawyer. Let legal counsel advocate for you on terms that are in your best legal interest.

Q: Do I really need a will?

A: Yes, you do need a will in order to provide for your loved ones and to assure that your wishes are carried out by the people (i.e. executor and guardian) you designate to do so.

Q: Won't the will just get tied up in probate and be very costly?

A: A Last Will and Testament along with attendant documents is usually an inexpensive, and relatively quick way to ensure your family's and loved ones financial futures are protected.

Colorado (the state where I practice) has one of the most enlightened Probate systems in the country. It is very user friendly, fast and inexpensive.

Note: State laws differ so always check with a lawyer licensed to practice in your state.

Q: Do I need a trust if I have a will?

A: In California, any estate of over $60,000 in personal property, or $100,000 in real property*, or a combination, requires probate if the individual passes with only a will. Many people who own a house have an estate that exceeds those limits. A trust, while it is more expensive today, avoids the 1 - 2 years of probate court and the related expenses. A trust also provides confidentiality, which a Probate Court does not.

Rodney W. Wickers
Union Plus Legal Service lawyer
Torrance, CA

*Note: State laws may change and each state differs, so always check with a lawyer licensed to practice in your state to reference current law.

To find a lawyer in your area, union members can use the Union Plus Legal Service.