E Dwight Taylor’s Answers

E Dwight Taylor

Aurora Contracts / Agreements Lawyer.

Contributor Level 13
  1. When there are three heirs with one executor, can the two non executor heirs override the decision of the executor?

    Answered about 1 year ago.

    1. David M. Rich
    2. E Dwight Taylor
    3. John R Phillips
    4. Kelly Scott Davis
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    It is not easy to remove a personal representative, but his job is not to make more investments with the estate and take those kinds of risks. He owes a fiduciary duty to the heirs and has the obligation of observing the dictates of the will. You should seek the advice of counsel to help you resolve the matter, and the sooner the better. Good luck!

    11 lawyers agreed with this answer

  2. How does a person with an Original Power of Attorney (POA) document get a requested Certified copy of said POA document?

    Answered over 1 year ago.

    1. James A Littlepage
    2. James P. Frederick
    3. Kelly Scott Davis
    4. E Dwight Taylor
    5. Damian Baldridge
    6. ···
    6 lawyer answers

    I agree with my collegues. Perhaps you can suggest to the empolyer that a conference is needed with the employer's counsel. Good luck!

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Should I file for chapter 7 or chapter 13?

    Answered over 1 year ago.

    1. Deborah F Bowinski
    2. E Dwight Taylor
    3. Dorothy G Bunce
    4. Stephen Clark Harkess
    5. Derek R. Caldwell
    6. ···
    7 lawyer answers

    My collegues all make good points, and the best one is to suggest that you consult with competent bankruptcy counsel. There are a lot of missing facts in your post, and bankruptcy is complicated and will affect you for a long time. Hire somene that comments here on Avvo, and you'll be fine. Good luck!

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What can I expect by filing banruptcy in my situation?

    Answered over 1 year ago.

    1. E Dwight Taylor
    2. Christopher Charles Avery
    3. Elizabeth Anne Granado
    4. Rebecca Mccormick Pepin
    4 lawyer answers

    You do need to consult with bankruptcy counsel before you part with your money. You may be able to claim an exemption in the cash proceeds, but payments to "insiders" within one year of filing can be set aside by the trustee, and payments to unsecured creditors can be set aside within 90 days of filing. Those are called "preferential transfers", and you should to talk to counsel and make the best decisions you can under the circumstances. Good luck!

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  5. Can a disabled veteran whose only income is VA comp and soc . sec have his bank acct . garnished ?

    Answered over 1 year ago.

    1. E Dwight Taylor
    2. Daniel Nelson Deasy
    3. Young Walgenkim
    3 lawyer answers

    It appears that your income is exempt, but that does not mean that your bank account cannot be garnished. If the creditor gets a judgment then it can garnish your bank account and then you would have to go in and prove your exemption. In the meantime your bank account will be frozen, and you will have additional expenses. You should consult with bankrutptcy counsel right away. Good luck!

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  6. Mother-in-law died do we need a lawyer - what is probate

    Answered 8 months ago.

    1. Daniel Ellis Mckenzie
    2. Ruth Elaine McMahon
    3. Christopher Daniel Leroi
    4. E Dwight Taylor
    5. Masayo Quick
    6. ···
    6 lawyer answers

    The law requires that anyone knowing of a will is to "lodge" the will with the probate court in the county in which she lived at the time of her death. Although a probate of this nature is relatively simple, you will be better off to have the assistance of counsel. Before you go too far, though, you should confirm that there is equity still in the home despite the reverse mortgagge. That obligation will have to be retired with the proceeds of any sale. The costs of a probate of this nature...

    6 lawyers agreed with this answer

  7. I a have a question regarding a trust matter in Colorado and seek a contingent attorney

    Answered about 1 year ago.

    1. E Dwight Taylor
    2. John R Phillips
    3. Joseph Franklin Pippen Jr.
    4. Michael Leo Potter
    4 lawyer answers

    I think a lawyer will need to have a lot more information that what you have provided before he or she would agree to handle the matter on a contingency. There does seem to be some important issues to resolve here, but you need to seek the advice of counsel. It also seems that time is not on your side, so you should waste no more time wondering what to do. Good luck!

    6 lawyers agreed with this answer

  8. Do I need to include 410K and life insurance policy amounts in a chapter 7 bankruptcy?

    Answered almost 2 years ago.

    1. Deborah F Bowinski
    2. Stephen Clark Harkess
    3. Manuel Alzamora Juarez
    4. Dorothy G Bunce
    5. E Dwight Taylor
    6. ···
    6 lawyer answers

    It is a serious mistake to file bankruptcy without competent counsel. Do yourself a favor and find a good lawyer to heip with this.

    6 lawyers agreed with this answer

  9. Can Guardanship take over my Durable Financial Power Of Attorney?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. E Dwight Taylor
    3. David L. Carrier
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I agree with my collegues that a guardianship will likely revoke your power of attorney, but that guardianship and conservatorship are really two different things. If you have been doing the primary caretaking, and your brother is pushing, then perhaps it is time to handle the matters formally through the probate court. It sounds like you have nothing to fear except costs that could have been avoided had your brother behaved. In a dispute like this the court will likely appoint a guardian-...

    6 lawyers agreed with this answer

  10. Can a personal representative who is in bankruptcy, has not maintained estate property and has listed it under value be removed?

    Answered about 1 year ago.

    1. Joseph Michael Pankowski Jr
    2. Michael J Corbin
    3. Deborah F Bowinski
    4. E Dwight Taylor
    5. James P. Frederick
    5 lawyer answers

    The Colorado Probate Code's "judicial toolbox" gives a court a lot of ways to deal with a misbehaving PR. I would not lightly take this up, but if you can prove your allegations, it is possible to get a PR removed. You will need the assistance of competent counsel to get that done, though. Good luck!

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