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David L. Carrier
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David Carrier’s Answers

2,636 total


  • Hi ,my name is Elaine my question is when i say to five trusts i make the statement and representation herin speakong all at on

    Hi,my name is Elaine i am need of a question if i say to five trusts I make the statement and representation herein i am speaking to five trusts at once and will i get payment fromvrom each one or do i have to wait for each to settlement at onc...

    David’s Answer

    OK, I'm confused, really confused... are you a beneficiary of 5 trusts? Or what?

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  • Can the legal guardian of an Autistic 19yrs old be held legally responsible for criminal charges the Autistic person did?

    The Legal Guardian is his Stepfather and talked to him every time there was an issue or ask if he could get things like Pumpup high power BB/Pellet guns/rifles and let him. The 19yr old ended up stabbing a unarmed man and the 19yr old was charged ...

    David’s Answer

    Generally not... but this sounds as if the guardian's responsibility may go beyond the usual... Talk to local counsel...

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  • Can my aunt fill paperwork out under my guardians name?

    I'm currently 17 and live in Kansas. My parents kicked me out and wont have anything to do with me. I'm currently living with my aunt and I have to enroll in a few weeks for my senior year of high school. Can my aunt fill out my paperwork and sign...

    David’s Answer

    If your aunt is not your guardian, then she cannot sign papers as if she was. Get an emergency change of guardianship...

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  • Are there changes to the Lady Bird Deed that allow Medicaid to get the home after the death?

    My mother signed a Lady Bird Deed in 2011 and is on Medicaid. I have been told that there are recent changes that would allow Medicaid to place a lien on the house thus cancelling the Medicaid benefits of a Lady Bird Deed. Is there a current B...

    David’s Answer

    Surprise? Not to anyone who's been following this area of law... Almost every state now has enhanced estate recovery which renders the ladybird deeds irrelevant, gosh, I wonder why the attorney/person who advised you to do the ladybird deed didn't mention this....

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  • Do I need a NY attorney in order to transfer my biological father from a nursing facility in NY. to live here with me in NC?

    My brother who does have his last name claims to have power of attorney over my father..while I do not have my fathers last name what type of legal intervention if any is necessary?

    David’s Answer

    You need attorneys in both states... The last name is not key, but the documents signed by your father (if any) and his mental competence are!

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  • Conservatorship Competing Petition - Am I also required to serve the attorneys for the conservatee and conservator?

    Or do the attorneys just get courtesy copies? I know I have to serve the citation on the conservatee by personal service. I'm filling out my proof of service, and want to make sure I include everyone who needs to be on it. I am filing a competin...

    David’s Answer

    Q Am I also required to serve the attorneys for the conservatee and conservator?
    A: Yes.
    Q: Or do the attorneys just get courtesy copies?
    A: It's more a requirement than a courtesy....

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  • If I sell my home to someone and I have a 6yr old judgment on record, can the c.c. co. come back on that property or buyer?

    I'm 69 yr old and looking at long term care therefore I need to use the equity in my home. I'm perm. disabled since 1997, have had several surgeries of sort and on SS since that time. I proposed an exemption to the prospective buyers title polic...

    David’s Answer

    Why would anyone accept a "hold harmless" from you? You are not collectible (apparently) and you've already defaulted on your cc debt... Your choices are to let the judgment "ride forever" or declare bankruptcy...
    Let it ride, say I!

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  • Does a conservator in Los Angels County need permission from court to remove conservatee to foreign country?

    I lived in Santa Clara and knew my friend had to do this but is the same true n all counties in California? If I wish to take m mom to Mexico for a day or 2 must I get permission if I am conservator?

    David’s Answer

    In Michigan you would. And while probate judges are generally the kings (and queens) of their kingdom, making rules that apply only within their own domain, this is the sort of basic rule that is likely to apply state-wide....

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  • If my 86 yr old mom gives me her home with Gift of Deed, I am disabled, is there a waiting period before I can sell it?

    My son wants to buy the house but we are worried a direct sale to him will risk her getting Medicaid later if needed. She has dementia and is living with us for past 5years

    David’s Answer

    If you are "officially" disabled, then the transfer of the homestead to you (at least in Michigan) wouldn't be a divestment. After that transfer, you can do what you want with the property. You will have to document your disability, etc.... The fact that mother has lived with you is not relevant. Consult with local counsel...

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  • Do I need a NY attorney in order to transfer my biological father from a nursing facility in NY. to llive here with me in NC?

    My brother who does have his last name claims to have power of attorney over my father..while I do not have my fathers last name what type of legal intervention is necessary?

    David’s Answer

    By instituting a guardianship action in NY, you'll find out whether your brother has POA over your father. Your last name is irrelevant. You do need counsel.

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