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David L. Carrier
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David Carrier’s Answers

2,690 total


  • I homestead my parents house and property 20 yrs ago and have lived there paying taxes also. Father has passed can I rent it out

    Deed to property is in my name as are the property taxes. We tore the old ho.e down and bought a double wide and put on property. I just need to know my rights. Please help !

    David’s Answer

    If its your house, then all you have to worry about are the local zoning and rent control ordinances... talk to a local attorney.

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  • California trust

    I am the trustee of the trust of a deceased friend. Everything went fine but one beneficiary may sue me for breach of fiduciary ,over nothing, suddenly delaying the final distribution of the last of the money and the closing of t...

    David’s Answer

    I agree that you should not make ANY distribution until ALL known issues are resolved. I wouldn't even make a partial distribution....

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  • What of my expenses are reimbursable as a guardian of my elderly Aunt?

    After many years of flying in from California to help my poor aunt, 88yrs, in Michigan out of whatever jam she had gotten into, mostly a trashy HUD apartment. I have now been appointed her emergency Guardian (temporary until the court date 3 Septe...

    David’s Answer

    Pay for her funeral with the $$ and forget about the credit card debt, you don't have the $$. Medicaid will let you keep $50/month as guardian. Any expenses you had for providing personal care services will most likely be treated as a divestment and will result in a penalty period. I, too, am Christian and ex-military, and my perspective here is that if the law allows it, do it...

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  • Parents thought buy appointing their two children as ,co executor's of booth .estates upon death of first became irrevocable

    hi in 1993 under legal advise? to guarantee that there special need daughter & handicapped &disabled . wood be gifted the home after death of booth trustees, and couldn't bee sold till the death of appointed co sescceser trustees their daughter an...

    David’s Answer

    This sounds like a terrible situation, but I don't know what the situation is... help!

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  • How can I switch ownership of a house over to my name from a family member?

    my aunt owns a house and she is trying to give the house to me. How would this process take place, are there any fees for such an operation, and if so how much?

    David’s Answer

    Easy! Simple! Do it yourself! Except that you'll probably disqualify your aunt from receiving any Medicaid benefits for long term care for who knows how long based on the value of the house. What you really should do, is consult with an elder law attorney... this sort of thing often leads to wailing and gnashing of teeth when auntie goes into the nursing home, Medicaid won't pay, the nursing home sues auntie, then the nursing home accuses her of a fraudulent transfer and then they come after you! Don't do it!

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  • How to divide the estate if the surviving spouse and children are all mentioned in the will?

    If the children do have a right to the deceased half of the estate. How is the house that the surviving spouse lives in divided then?

    David’s Answer

    Awww c'mon! AVVO doesn't let us answer questions unless our crystal balls are in tip top condition, but seriously! You've got to give us some facts, like... what does the will say? ... how is the house titled? Something!

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  • As executor of my mothers estate, do i have to file anything with the state?

    There is only a small checking account in both our names.

    David’s Answer

    If you were executor (which means the person probating the will) yes!
    If you are joint owner of a checking account (which I think you are) no!

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  • Trustee of Estate need to modify a second mortgage line of credit.

    I'm the trustee of my late fathers estate. He has passed away 6 1/2 years ago. He had a toxic mortgage and a second mortgage line of credit. I was able to modify the 1st with a HARP modification. The line of credit for $17000 is maturing on August...

    David’s Answer

    Federal law prevents mortgage lenders from calling the loan due simply because of the death of the mortgagor, but that does not modify the terms of the loan. Here, it sounds like W-F has complied with the law... they just don't want to loan the trust any money. Which they don't have to.

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  • Am I entitled to any of my father's estate or how I find out if I was entitled to any of his estate?

    I am the first born of unwed parents. I was raised by my grandmother and her husband until she passed on when I was age 11. I knew my father, but he never raised me. He married and had four other children. He became ill and was placed in a nu...

    David’s Answer

    You're entitled to inherit as a child of the decedent (was he on your birth certificate)... But if the sisters were named as beneficiaries on the policy, they have no obligation to share with you. Unfortunately, promises made at funerals are pie-crust promises... easily made, easily broken...

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  • Is this Anti-Trust?

    If one party to a contract is a county government in Michigan, and the other is a private business operator, does the following contract violate anti-trust law? "The County agrees to Establish rental prices of its hangars such that the County w...

    David’s Answer

    • Selected as best answer

    I don't do anti-trust, but if two private parties entered into such an agreement, I'm gonna bet that that would be a prima facie anti-trust case...

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