Kermit M Milburn’s Answers

Kermit M Milburn

Shawnee Real Estate Attorney.

Contributor Level 8
  1. How to transfer real property into a living trust?

    Answered over 1 year ago.

    1. Kermit M Milburn
    2. Steven M Zelinger
    3. Robert William Haley
    4. Christopher N Schneider
    4 lawyer answers

    You would have a Deed drafted transferring the real property to the name of the Trust. Then the deed would be filed with the proper County authority. This has different names in different states, sometimes called the County Clerk or Recorder of Deeds.

    10 lawyers agreed with this answer

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  2. My mother was talked into signing a general warranty deed on her home by her POA which she now has a full order of protection

    Answered over 1 year ago.

    1. Kermit M Milburn
    2. Kenneth Lee LaBore
    3. John Maurice Holcomb
    4. William Ray Pelger
    4 lawyer answers

    Your mother would have to be shown to be incompetent at the time she signed the Deed. Her doctor would be a very helpful witness to prove this.

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  3. What can I do about a trustee that took out loans on two apartment buildings in my mother's Living Trust illegally?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Kermit M Milburn
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    There is a lot of information missing. Did the Trustee take out the loans for his own use, or were the proceeds of the loan used to increase assets of the Trust. Were the Trustees removed for cause by the probate court? Upon removal for cause a court will usually requires the former Trustee to prepare an Accounting of their actions. This accounting could then be the basis for further legal action to recover assets converted from the Trust.

    6 lawyers agreed with this answer

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  4. My mothers passed away 5 years ago at the time I was 15 years old, My Aunty my Mothers sister is the executor of the estate.

    Answered over 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Amanda Marie Cook
    3. Kermit M Milburn
    4. James P. Frederick
    4 lawyer answers

    In Oklahoma, when the probate is completed, the court would order the money you inherited to be held for you by a guardian until you reach the age of majority, or 18. At that time the of the money would be distributed to you. Are you sure that your mother did not leave a Trust providing that you are not supposed to receive the distribution of assets until you reached the age of 25? If not your distribution is long overdue. The executor should be filing an annual accounting with the Court...

    4 lawyers agreed with this answer

  5. Can i sue the guy Im renting from for the rent I paid back If he is not the home owner?

    Answered over 1 year ago.

    1. Ezra N. Goldman
    2. Kermit M Milburn
    3. John Martin Hilla
    3 lawyer answers

    How did your landlord get possession of the house? If he has a valid lease that does not restrict him from subleasing, then he can sublease the property to you. You did not state that there was any problem with the property in your question. If there is a reason that you could receive damages from an owner landlord, then you could seek the same damages from the tenant landlord. Hope this helps.

    5 lawyers agreed with this answer

  6. Can i legally change my childrens' last name to match mine and their siblings?

    Answered over 1 year ago.

    1. Kermit M Milburn
    2. Stephen Ross Cohen
    2 lawyer answers

    Your child's name can be legally changed. It is up to the Judge hearing your Petition to decide whether or not to grant your request. You must publish notice of the request as well as disclose to the father and to creditors

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  7. Trustee as owner of an LLC - How?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Carmine John Giardino
    3. Kermit M Milburn
    3 lawyer answers

    The Operating Agreement should reflect the Trustee of the Trust and name of the Trust. You should include in the Company book a Memorandum of Trust so that in the event the Trustee changes, the other members of the LLC would be on notice of who can act as Successor Trustee.

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  8. My husband died eight weeks ago and I need to have a new will prepared, general power of attorney, and medical directives.

    Answered over 1 year ago.

    1. Leigh Anne Timiney
    2. Kermit M Milburn
    3. Leonard Komen
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I am sorry for your loss. You should have your new Will and other documents drafted by an attorney in the state of your residence.

    4 lawyers agreed with this answer

  9. I am handling my divorce/custody case Pro Se. Aren't I entitled to be served a copy of everything his attorneys file?

    Answered about 1 year ago.

    1. Kermit M Milburn
    1 lawyer answer

    Yes, your ex-husbands attorney is supposed to mail every pleading he files to you. You can also check the court docket to see if anything new has been filed.

    2 lawyers agreed with this answer

  10. Police officer enter the wrong name on file how would a person clear their name after this type of mistake.

    Answered about 1 year ago.

    1. Kermit M Milburn
    1 lawyer answer

    She could file a case to have her record Expunged, meaning it would be Court Ordered that the matter be removed and it would no longer be connected with her name

    1 lawyer agreed with this answer

    1 person marked this answer as helpful