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Karen L Brady

Karen Brady’s Answers

60 total

  • Who r the beneficiaries of father's life insurance policy in family?

    my father has died 4 months ago.who r the benificiaries of his life insurence.i m his elder son.in our family,mom and two more brothers.after my father's death,mom took all the money.and she has been invested that money in fixed deposit for one year.

    Karen’s Answer

    The beneficiaries of the life insurance policy aren't dependent on family relationships. Your father could have named anyone as his beneficiary, whether or not they are family. If he didn't name his beneficiary, the life insurance contract would have a default provision. One can't be sure to know what the default was without seeing the life insurance contract, but it would likely have either been his estate or his spouse.

    You don't indicate whether your father had a will, but you seem to have some expectation that you should inherit. If he didn't have a will, it is likely that your mother (his wife) is entitled to most if not all of his estate. If he had children that weren't the children of his wife, they may have a claim if the estate exceeds a certain amount. This Avvo legal guide helps to explain how an estate may be divided if a California resident doesn't have a will.
    http://www.avvo.com/legal-guides/ugc/californias-intestate-distribution-system

    Even if he did have a will, if he lived in California then at least part of his estate is likely community property and would belong to his wife. If you have questions about where you fit in inheriting his estate you'll need to contact a local probate attorney because there are a number of facts that attorney would need to have to advise you properly.

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  • Will an LLC protect our rentals if the other rentals we have with a partner go into forclosure, they are not part of our LLC?

    My husband and I have rental properties in an LLC; however, we also have rentals with a partner that are not part of the LLC. The properties we have with a partner are not doing well and may go into forclosure, will the properties my husband and I...

    Karen’s Answer

    LLCs have some good asset protection features that protect your personal assets if someone sues the LLC as owner of the property. However, in your case it is less likely that having your rentals in an LLC will protect them. If the foreclosures result in a deficiency, the bank(s) won't be suing the LLC, they'll be suing you as debtors on the mortgages. The will be able to seek compensation from your assets, and one of your assets is membership in the LLC. Depending on what state the LLC was formed in there may be some protections that make the LLC an unattractive asset to the bank, but you'll need to check with a local lawyer who specializes in asset protection to determine whether the laws of the state where you formed the LLC provide any sort of protection in this sort of situation.

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  • Can Grandparents take legal guardianship of daughters new born with her permission to ensure quality healthcare

    My 17 year old daughter became pregnant by an 18 year old boyfriend. With permission from my daughter can we, the grandparents, take legal guardianship of her child to help support from a healthcare standpoint and claim the child as a deduction u...

    Karen’s Answer

    Because the child's father is likely to contest guardianship, you may have an uphill battle getting named guardian of your grandchild. However, there are alternatives to guardianship that may suit your needs. A local attorney can advise you about your chances of guardianship and the alternatives, which may be either a power of attorney or delegation of powers that allows you to get healthcare and provide other care for the child. I also suggest you check with your tax preparer, as you don't necessarily need guardianship to claim your grandchild as a tax exemption. There are other conditions that must be met in order to claim a dependent, but you may find you meet those without being named guardian.

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  • Can a unfit parent fight someone trying to get guardianship?

    i have my grandson because his mother disappeared. i have filed for guardianship. my son has barely been in the childs life and had the chance to have custody but gave it to the mother. now he wants me to hand him over. what do i do?

    Karen’s Answer

    If you used an attorney to file for guardianship that attorney can best advise you about the procedures to counter any efforts your son makes to obtain custody of your grandson. Because your grandson has a parent who now wants to assume your grandson's care, you will most likely have to show that it is not in your grandson's best interest to be cared for by his father. In some states and counties, you may have to have your son's parental rights terminated. That's why it's important to work with an attorney. Avvo has published a legal guide on low cost legal services that may be helfpul.

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  • I was named in a will as personal rep but I do not have any up front money to pay a lawyer to probate will, what do I do???

    Are there any lawyers in Broward County Florida that will probate will and wait for the estate to pay their fees?

    Karen’s Answer

    I wish to point out that the answers provided earlier are very state specific. In many states there is no court involvement in approving attorney's fees for probate and there is no prohibition against an attorney collecting fees to begin a probate. Nor does every state have a statutory fee schedule that allows an attorney to collect a fee based on the value of assets in the estate. Your state's rules may or may not allow for the above but I worry that readers from other states will assume the same applies to them.

    Many attorneys are accustomed to your dilemma. Call probate attorneys in your county and see if they will make allowances to collect only the filing fee (which they would otherwise have to pay out of pocket and often cannot do ethically) and then collect further payment when you have access to bank accounts, etc. Be prepared to show the attorney that there are enough funds in the estate that he or she can get paid.

    Good luck,

    Karen

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  • Can I file a lien for nonpayment on a contract ?

    I am a residential architectural consultant. I was hired by a company to design a custom home from one of their clients. I have a signed contract with this company. The company which hired me did not have a contract with their client. After reciev...

    Karen’s Answer

    You should see a local lawyer right away. Given the length of time that has passed, you may be running up against some statutes of limitations that will bar your claim if you don't act soon. There are several facts the lawyer will have to ascertain to determine if you can file a mechanics lien on the property. In any case, it appears from the facts in your question that you may have a claim for breach of contract against the company that hired you.

    Good luck.

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  • Where do I get a copy of a first option to buy?

    I work at a restaurant. The owner is tired of it and wants to eventulally sell. I want to buy it. He does not own the building but rents it. How do I find its worth. I was told to get him to sign a first option to buy so someone else wouldn't...

    Karen’s Answer

    There are two advisors you should get on your side. One is a business valuation specialist. If you work with a CPA who is also a CVA (Certified Valuation Analyst) that person can both give you an idea of the restaurant's value and what you can afford to pay for it based on its cashflow, etc.

    A local lawyer who works in business sales can also draft a Letter of Intent that indicates he intends to sell to you and you intend to buy from him. However, the lawyer may tell you it's premature because it appears from your question that you don't really know what is a fair price for it.

    Good luck.

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  • My husband died 08/06/2009 and left me a car under his name.I been making the payment but the bank wants the car back

    bank wants car back even if im making payment

    Karen’s Answer

    I am assuming that you are not a borrower on the loan. Even if you make payments, the bank has a legitimate concern because if you aren't liable on the note they can't collect from you if you decide to stop paying. You say your husband "left you" the car. If you are entitled to inherit your husband's interest in the car you may be able to refinance the loan in your name and transfer the ownership interest in the car to yourself. However, if you can't pay off or refinance the loan the bank will likely be entitled to repossess the car.

    I urge you to contact a local attorney familiar with probate to help you work out your rights in the car as a result of your husband's death.

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  • Can my adult step children come into my house and just pick and choose?

    My husband recently passed away with no will. We have no credit cards, do not own the house , the only thing we have is a few old cars and the personal contents inside the house. Me and my 14 yr old son live there, that my husband was raising. I h...

    Karen’s Answer

    I am very sorry for your recent loss. It is common to have these many thoughts zooming in your head as you grieve.

    I am not licensed to practice law in Washington but did some initial research. You don't state how the cars are titled. If they are in both your names then it appears that no one else will have a claim to them. Even if they are titled in your husband's name only, as the surviving spouse you are entitled to all of your husband's share of the community property. There is a very good legal guide here on Avvo that explains community property in Washington:
    http://www.avvo.com/legal-guides/ugc/washingtons-community-property-laws-explained

    If the cars and household goods were purchased during the marriage with money that your husband or you earned during the marriage than they are community property and they are part of your share of the estate. If they were purchased before the marriage or with money that was acquired before the marriage or received as a gift or inheritance (or purchased with money received as a gift or inheritance) then you would be entitled to at least half, with your husband's children entitled to the other half.

    I hope this helps. You may want to check out the website www.washingtonlawhelp.org and search for "Estate". There you'll find some local legal aid programs. Depending on where you are in relation to their local offices they may be able to help advise you further.

    (a) All of the decedent's share of the net community estate; and

    (b) One-half of the net separate estate if the intestate is survived by issue; or

    (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his parents, or by one or more of the issue of one or more of his parents; or

    (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent.

    (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows:

    (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.

    (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.

    (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.

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  • My mom and dad are gone 6/09. the will has me next, my brother has a friend living in the home. can i remove this friend?

    i do not want this person living and paying rent in the same room he died in. also can i order the friend out by the local sherrif?

    Karen’s Answer

    I am sorry for the recent loss of your parents. Your question isn't clear about what you mean by "the will has me next". If you are named in the will as executor or personal representative AND if the entire interest in the house is part of the probate estate then you can have the will probated and in your authority as executor you will have authority to decide who lives in the house. If people besides you are to receive benefit from the house under the will then even in your capacity as executor you will have to manage the house in a way that benefits all the people who should benefit, such as renting it out or selling it.

    I encourage you to contact a probate attorney in the area where the house is located to advise you about your rights and duties under the will.

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