Francis N. Soave’s Answers

Francis N. Soave

Saint Clair Bankruptcy Attorney.

Contributor Level 10
  1. How long does the law give you to distribute the assets to the beneficiaries of the estate.?

    Answered almost 4 years ago.

    1. Carol A. Morris
    2. James P. Frederick
    3. Francis N. Soave
    4. Michael S. Haber
    4 lawyer answers

    You should make photocopies of the papers in the court's probate file. Take them to an attorney who has been practicing primarily probate law in Wayne County actively, and continously for at least 25 years, and see him/her for a consultation to go over the file with you. This situation is too dated, and too complicated, for you to get satisfactory answers on-line.

  2. Probate file

    Answered almost 4 years ago.

    1. James P. Frederick
    2. Francis N. Soave
    3. Jason A. Waddell
    3 lawyer answers

    You should definitely see an attorney about this.

  3. Can I get information about the estate if a bank and attorney was the Successor Co-Personal Representative of an estate.

    Answered almost 4 years ago.

    1. James P. Frederick
    2. Francis N. Soave
    3. Michael S. Haber
    3 lawyer answers

    Client confidentiality may prevent the attorney from being able to share information in the file with you. If there was no probate estate, but your father owned real estate, you might find some leads in the real property records at the register of deeds. If you see how the real estate was transfered, and to whom, this might be a starting point for you. If you believe there were assets that should have gone through a probate estate, but didn't, you might be able to open a probate estate,...

  4. My Brother that I have not seen in years died, I do not have the money to bury him, whom is responsabile, for the buriel?

    Answered almost 4 years ago.

    1. Carol A. Morris
    2. James P. Frederick
    3. Francis N. Soave
    4. Michael S. Haber
    4 lawyer answers

    You are not responsible for the cost of burial.

  5. My sister died unexpectedly. She has no will and no assets other than a truck (paid for). She does have a large amount of debt.

    Answered almost 4 years ago.

    1. Donald B. Lawrence Jr.
    2. Francis N. Soave
    3. James P. Frederick
    4. Michael S. Haber
    4 lawyer answers

    You can transfer the truck to the next of kin at any Secretary of State office. The only representation that you have to make to do that is that there is not, and will not be, a probate proceeding for her estate. The SOS will inquire into the value of the vehicle and will prevent the transfer if the value exceeds the allowable limit (it is high). From the facts you presented, it doesn't appear to be an issue in your case. Once you transfer the vehicle, there will be no other assets, hence...

  6. Since I cant receive information from the personal representative about the assets in the estate, can I contact the lawyer?

    Answered almost 4 years ago.

    1. Francis N. Soave
    2. James P. Frederick
    3. James Brian Thomas
    3 lawyer answers

    You can go to the Probate Clerk and review the file. Among other papers in the court file, there will be an inventory that lists the assets that were part of the probate estate. There will be another paper that lists the persons who were heirs at law, or were devisees under the will. This will give you some answers to what happened to assets that were part of the probate estate. With regard to the trust, it may have been administered without court supervision, so there may be no court...

  7. I am married and have two children. I don't work and i am being sued for backed medical bills.

    Answered almost 4 years ago.

    1. Francis N. Soave
    2. Dorothy G Bunce
    3. Joshua P Friedman
    3 lawyer answers

    The answer to your question depends on the total amount of the medical debts, the total amount of other debts you may have, the source and amount of your household income, and the value of all the assets you have. If you have no means of paying the bills, because you are unemployed and your income isn't sufficient to make payments on the bills, I don't understand why you wouldn't be looking into filing Chapter 7 Bankruptcy. Your situation is the type of circumstances that Bankruptcy is...

  8. I'm a 69 year old male married and I own to struggling seasonal buisnesses. I own 3 properties and I need to let one to go into

    Answered almost 4 years ago.

    1. Francis N. Soave
    2. Theodore Lyons Araujo
    3. Ellen Charlotte Carlson
    3 lawyer answers

    First, there are other options besides letting the house go into foreclosure. You might be able to give a deed in lieu of foreclosure, for one. Whether there will be a suit for deficiency depends on how they conduct the foreclosure. It is common for lenders in Michigan to foreclose on the entire balance of the loan, in a foreclosure by advertisement. In that case, the lender loses the opportunity to seek a deficiency judgment against you. If the lender bids less than the balance, they...

  9. My wife is planning to file for bk ch 7 , will that affect me?

    Answered about 4 years ago.

    1. Francis N. Soave
    2. John-Paul LaPre
    3. Suzanne A Szymoniak
    4. Dorothy G Bunce
    4 lawyer answers

    Affecting you is a very broad term. Her bankruptcy will not appear on your credit report, except possibly in a notation that a co-debtor has filed, if you have joint debt. If you have joint assets the value of which exceed the exemptions in her case, the trustee could sell the asset, give you your half of the value, and use the rest to pay her debts. This is likely to be spotted by her attorney before the case is filed, so that alternatives can be explored. If you have joint debts, you...

  10. Can I file bankruptcy to rid myself of the responsibility to pay an auto loan? The cosigner drives the car and makes the pymts.

    Answered about 4 years ago.

    1. Ralph M. Reisinger
    2. Francis N. Soave
    3. Dorothy G Bunce
    4. Barbie Dawn Lieber
    4 lawyer answers

    Well, yes if you file bankruptcy it will remove your obligation on this loan. However, this alone wouldn't be a reason to file at this time. If she is in jeopardy of repossession, you should discuss the situation with her, and persuade her to put the car in your possession. Make the payments to avoid the repo, and put the car up for sale. Even if you can't sell it for enough to pay the loan in full, it will be more than if it is sold after repo. If you have other reasons to file...