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David L. Carrier

David Carrier’s Answers

2,631 total

  • Am I able to defend myself against Adult protective services?

    I am a caregiver to a man with MS. I had protective services come into my home for getting help taking care of this man. I received a letter that I was giving insufficient care for this man. I asked him if he want to go to a nursing home. He said ...

    David’s Answer

    Get a lawyer, get a lawyer, get a lawyer. You need a lawyer who does this kind of stuff and you should not mess around. Get a lawyer.

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  • How to obtain conservatorship for mentally disabled aunt

    My 80 year old mentally disabled aunt who lived with my recently deceased grandmother is now living with me and I need to file for conservatorship of her.

    David’s Answer

    #1 Talk to a real probate attorney, or 2 or 3.
    #2 Ask why you need a conservator ship?
    #3When you're comfortable with the attorney, the process, the fees, etc, proceed.
    #4 Go to probate court.
    #5 Enjoy the thrill of experiencing the truth of the adage: No good deed goes unpunished.

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  • Suitability of Bond for a trustee in a probate case?

    In a probate case, is a Suitability of Bond hearing ALWAYS a bond reduction hearing or hearing to determine amount of Bond? Or could it be on other issues?

    David’s Answer

    Don't know about CA, but generally a bond hearing is to determine the necessity for bonding the executor, etc...

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  • Guardianship of estate of our children - drawbacks to just one spouse being guardian if still married?

    Our kids inherited some money and we're planning to file to obtain guardianship of their estate so we can make sure the money is invested better than sitting in a near-zero blocked savings account among other reasons. I was planning to just have ...

    David’s Answer

    Co-anything, co-trustees, co-guardians, co-personal representatives, co-attorneys-in-fact... generally result in double trouble, you might double your pleasure, double your fun by chewing a certain type of gum... doubling your fiduciaries will only gum up the process... (OK, that was terrible... but still, only one at a time, OK?)

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  • How is it determined who would be the executor of the estate/ who belongings go to if a person dies with no spouse/children/will

    My brother passed. He had no will. He had no wife or children. There are only brothers and sisters surviving. He did make a list of items he wanted to give to certain people. I do not think it was notorized. One sibling is stating they are the eld...

    David’s Answer

    Q: " How is it determined who is the executor when one was never named?"
    A: The siblings all have equal priority... the idea that "I'm the oldest, I'm the boss" is ridiculous!
    The judge will have to decide and, if there is a conflict among the siblings, my experience is that the judge will not choose among them, but will appoint an independent, 3rd party trustee. And yes, that will be expensive.

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  • My brother has a baby by his 16 yearold girlfriend I need to know what all she needs and needs to do to be emancipated

    Emancipation information

    David’s Answer

    Hope this helps (but you really need to see a lawyer!):
    When authorized; procedure generally.
    The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

    (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he is the guardian of such minor.

    (2) Whenever any such minor, having no father, mother or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

    (3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.

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  • Is it okay to cash a partial security deposit check when you plan to sue for the remainder?

    My wife and I moved out of our rental home 43 days ago. We gave our forwarding address before moving out and did not receive our security deposit or a list of charges/damages within 30 days as required by Michigan law. On day 33 we sent a letter t...

    David’s Answer

    Take the bird in the hand and sue for the one in the bush.

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  • Do the children of deceased parents have the legal rights to parents retirement benefits ?

    mother just recently passed away. She was receiving Social Security and retirement benefits, father was beneficiary originally he passed away, Six years ago. Mother did not make changes in the beneficiary so wanting to find out if we her surviving...

    David’s Answer

    Minor children may be entitled to social security survivor benefits. Children may be beneficiaries of retirement benefits such as pensions or IRAs depending on the beneficiary designations made in those plans...

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  • What do I need to do the have my ex-husband's death certificate amended. His martial status is listed as married.

    My ex and I were married in 1993 and divorced in 2001. We reunited in 2008 and lived as husband and wife but never remarried. When he died I said he was married because that is what we considered ourselves. We had joint banking, always referred to...

    David’s Answer

    You'll probably need a court order to amend the death certificate, but first you should contact the local official who is responsible for the issuance of the death certificate... Perhaps the official will amend the erroneous death certificate informally. Be prepared with a certified copy of your divorce judgement.

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  • What kind of communication is required from the executor of an estate between the heirs in the state of Maryland?

    My son was notified by phone from executor that he was 1 of 5 grandchildren that is an heir in his grandfathers will. The estate could well be in excess of a half million dollars. None of the heirs have received anything in writing over these pa...

    David’s Answer

    Q: "Is this proper?
    A: No. Not sure what MD's requirements are, but devisees and heirs are both entitled to written notice of their rights.
    Q: "What is a reasonable expectation of communication from this executor who also is their uncle?"
    A: The same as from any other executor... full disclosure of the information relating to the probate estate and to the assets.
    Consult with a local elder law attorney.

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