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David L. Carrier
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David Carrier’s Answers

2,678 total


  • I am the administrator. What can I do about the bank? What can I do about the 2 siblings writing checks and taking money?

    Two siblings (heirs), prior to the death, filed in the courts to have the decedent acknowledged as incompetent and while the decision was pending; 6 months later they had the bank accounts changed to right of survivorship. In addition, neither of ...

    David’s Answer

    "6 months later they had the bank accounts changed to right of survivorship."
    How did THAT happen? However it happened, that's the key to this situation. Are you saying that the siblings who brought an action in probate court to have mom declared incompetent, then had mom sign bank paperwork to give them the $$$? That's more than fishy... that stinks! Or maybe something else happened? I don't know, but when you consult with local counsel, he or she, will have many more questions regarding the circumstances....

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  • My mom (who juat passed) has a life insurance policy names my sister as the beneficiary but she in prison now.

    My mom has the sgli insurance from the military and named my sister as the beneficiary. My sister is now in prison for homicide of my mother. I'm wondering what will happen with the insurance. My mom's husband has passed as well and I'm the only c...

    David’s Answer

    Most states have laws that prevent a murderer from collecting from the estate of their victim. It's not clear which state's laws would apply here, since you're in Florida, but your mother could have been domiciled in a different state and the murder could have been committed in a third state. Consult local counsel.
    Of course, if sister did get the $$$, she wouldn't see it since the state would seize the $$$ for sister's incarceration.

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  • If I buy a house cash using 401K funds, do I still have to claim the cost as additional income? Does one also pay sales tax?

    I'm 64 years old. I'm still employed and plan to be for another 3 years. I live in CA and the house I'm interested in is in another, so I would need to keep my current home until then, when I would sell it. I haven't been in the house market fo...

    David’s Answer

    Q: If I buy a house cash using 401K funds, do I still have to claim the cost as additional income?
    A: If you're living in it... yes (probably, talk to your talk adviser to be certain) ! If you withdraw the $$, put it in a self-directed IRA, and then purchase the real estate as an investment... no (talk to, etc, etc).
    Q: !Does one also pay sales tax?
    A: You're in California, so I assume you pay a ridiculous sales tax along with the "space your body occupies" tax, "air that you breathe" tax, and "you still haven't paid enough" tax...
    Question for you: Is the $$$ really in a 401(k)? And if so, why haven't you moved it to an IRA? Ask a former Enron employee about leaving $$$ in the company 401(k)....

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  • How to have a "guardianship" removed?

    A judge in a guardianship case has asked for a third psychological evaluation. The first two psychological evaluations have been negative for any psychological problems, with a clean bill of health. I would like to know how to have a guardianship...

    David’s Answer

    Only the probate court can impose a guardianship, only the probate court can remove a guardianship. Why does the judge want a third psych? What was wrong with the first two? How long ago were they done? Has there been other activity? What does the lawyer handling the case say? If there is no lawyer handling the case, why not? What about the guardian ad litem? This is what I call an "iceberg question" there's a whole lot more going on below the surface than what has been revealed....

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  • Does a Will trump a Bank Beneficiary designation if mental impairment is an issue?

    In 1995 my mother signed a will leaving everything to my father (now deceased), and then to me, (her only Son), if he did not survive her. Since that time, she started having TIAs, and later some mild confusion. Under the influence of a church me...

    David’s Answer

    It is extremely difficult, after someone has died, to demonstrate undue influence or to establish that the individual lacked mental capacity. Also, you may have a statute of limitations problem... These changes took place FIVE years ago... why not talk to your "mildly confused" mom and have her change things back? Waiting is almost always a bad idea. Consult with local counsel pronto!

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  • How can I get my deceased father's vehicles sold?

    My father passed 1 year and 5 months ago.He left behind 10 children.No will. I have procession of his two vehicles and two of my sisters do not want the vehicles in my name so I can sell them and divide the money like we previously agreed upon. I'...

    David’s Answer

    All of the kids will need to sign off on the vehicle title (at least in Michigan). So get the others to sign off on the title, have the used car dealership come and pick 'em up!

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  • Does relative need attorney & what kind? Wants to remain in home w/ elderly dad but living-aid application has been red-flagged.

    My relative & her dad live in MD & have been on section 8 for many years. My relative now makes too much income to remain on section 8 & is being required to leave but her elderly father (~70 yrs old) will remain in the program w/ 1 bedroom vouche...

    David’s Answer

    An elder law attorney should be able to assist you with these issues.

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  • How do I get my mother house back after being in probate all these years?

    My mother gave my grandmother her house because her was in bad condition. So she gave it to her as a gift but it was supposed to be returned back to my mother in the event that something was to happen to my grandmother. But my mother brothers and ...

    David’s Answer

    How do I get my mother house back after being in probate all these years?

    Asked about 10 hours ago - Darlington, SC

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    Practice area: Probate


    •Tag this question

    My mother gave my grandmother her house because her was in bad condition. So she gave it to her as a gift but it was supposed to be returned back to my mother in the event that something was to happen to my grandmother. But my mother brothers and sisters had my grandmother go with them to the court house before she died...during the time that she was sick and sign the house over to them. My Aunt said that the house was never in my mother name it was always in my grandmothers name because my grandfather gave my mother the money to purchase the house before she left New York...and she paid for the house and everything. I have proof that my mother was the original owner of the house from the court house but my Aunt do not know I have it. Because it's public knowledge. Probate since, 1981.

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  • How do I get my mother house back after being in probate all these years?

    My mother gave my grandmother her house because her was in bad condition. So she gave it to her as a gift but it was supposed to be returned back to my mother in the event that something was to happen to my grandmother. But my mother brothers and ...

    David’s Answer

    OH what a tangled web we weave, when first we practice to.... do it ourselves rather than using competent counsel.... I feel for your situation, but this is a mess that, most likely, will not work out well for you...

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  • I have had legal custody of my grandson for the past two years. His mother refuses to let him come home, How do I get him back?

    The mother has a an open case with DHS. Her 6 month old was found to have a quarter in her throat and upon investigation the quarter had been in her throat for 3 weeks. Her 11 y o called 911 because his mother wanted to wait for an appointment.. T...

    David’s Answer

    You need to talk with NJ child protective services to get them involved in getting the child back... Also you should contact the PA protective services so that they know you're involved and willing to take the kids... This is terrible!

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