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Charles R Smith

Charles Smith’s Answers

1,210 total


  • Can I charge my brother rent for residing in my mother's property I am the executor and is it possible to charge back rent

    He lives there and refuses to let me in the house

    Charles’s Answer

    I agree with my colleague and also echo you should not be undertaking a probate without counsel. The personal representative has legal control, and it is not clear why you have taken no action to inventory the property of the estate and safeguard the property. Is it insured? You have personally liability for breach of your duties as personal representative, and you have the power to take control. The judge will not be happy that you have not done your duties. I'm also not sure how your brother transferred title without an improper action. I'm not sure why you are trying to add rent not paid to the estate since you have not even taken control of the estate assets. How will you enforce whatever you decide to do? You need to hire a probate lawyer who handles contested matters right away.

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  • How do I go about adding two years of rent not paid by my brothers portion of estate?

    I was appointed by the courts as personal representative and haven't been allowed to take inventory of the estate. my brother lived with my mother before she died hasn't paid any rent since he's got rid of most everything. he also put my mothers t...

    Charles’s Answer

    I agree with my colleague and also echo you should not be undertaking a probate without counsel. The personal representative has legal control, and it is not clear why you have taken no action to inventory the property of the estate and safeguard the property. Is it insured? You have personally liability for breach of your duties as personal representative, and you have the power to take control. The judge will not be happy that you have not done your duties. I'm also not sure how your brother transferred title without an improper action. I'm not sure why you are trying to add rent not paid to the estate since you have not even taken control of the estate assets. How will you enforce whatever you decide to do? You need to hire a probate lawyer who handles contested matters right away.

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  • My son was convicted in AZ in 2010, but his accuser used a CA case from 1998 she testified in, as her blue print to convict him.

    My son was arrested in March 2004 on molestation but released 3 days later for no proof. 4 years later he was arrested on the 2004 charges and convicted by hearsay. Recently, while reading over the reports and testimony my granddaughter and her mo...

    Charles’s Answer

    I agree with my colleague. You should consult with a local criminal law attorney as to your particular situation and review the options available.

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  • Can two beneficiaries stay on the property until probate is settled.

    One of my brothers is already living on the land an house can my other brother move on the property too for he's been living in a RV can he move it on the 11/4 acres?

    Charles’s Answer

    I agree with attorney Jensen. If a probate is already filed, you should have an attorney who can address this question for you. If not, you should hire probate counsel to assist. During the probate, the appointed Personal Representative has legal control and can determine who can use property during the probate, but such occupancy will need to be valued (like rent) and included in the distributive share of the beneficiary. Or, it may be determined that having the property occupied is valuable to the estate to prevent vandalism (or worse) and no charge will be made. It really depends on the circumstances. Good luck, and sorry for your loss.

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  • Banckruptcy Question

    What would happen if I file for bankruptcy but my name is still in my ex's house and vehicle? In our divorce papers she those are to be put in just her name I've been bugging her to do it but she won't. I have nothing in her name anymore.

    Charles’s Answer

    For the house, you can record a quit claim deed to remove yourself. For the vehicle, you can turn in a sold vehicle notice. You will need to list the house and vehicle in your Statement of Financial Affairs as transferred assets pursuant to the divorce. Be sure to give your attorney a copy of the property settlement agreement. Good luck.

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  • Undefined/free-legal-advice/undefined/free-legal-advice/undefined/free-legal-advice/Can you sue Chrysler for a Manufacturer defe

    WE BOUGHT Chrysler 200 2015 that would lock up and sit there in the road for 5 minutes to 30 minutes till you could get into a gear that would allow you to move it. The last time we were in middle of intersection and semi was inches from hitting ...

    Charles’s Answer

    Mr. Williamson provides excellent advice. There is also a lemon law in Arizona. From the attorney general: "There is a limit on the number of times a consumer must allow the manufacturer to repair the car and the amount of time the car can be out of service. If during the covered period, the manufacturer fails to successfully repair the defect after four attempts, or the car is out of service by reason of repair for a cumulative total of 30 or more calendar days, the manufacturer must accept return of the car or replace the car with a new car." Good luck

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  • Do I need to go to Court or... ?

    I own a handyman service and provide service to Property Managers. We receive work orders for their tenants , we set appointment, do the work and send invoice to PM. This particular PM has an invoice almost 200 days overdue. When I requested payme...

    Charles’s Answer

    • Selected as best answer

    File a small claims case in Justice court against the PM. They hired you, they should be liable. There are some exceptions for a disclosed agent working for a property owner. Check your contracts and communications, but if they did not expressly hire you on behalf of the disclosed property owner, they should be held liable. Good luck.

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  • Am I personally responsible for paying Merchant Services owed by corp?

    I was office mgr, husband & I owned s corp in AZ, I signed agreement to start merchant services with Elavon. Customer claimed his card was fraudulently used and Elavon refunded his money, even though they authorized it, now they want their money b...

    Charles’s Answer

    I agree with my colleague. Unless you personally signed a contract or guarantee, you should not be liable.

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  • Need to find out if the document we were served are legit

    We love and work in Arizona and we broker cars online. A buyer from NY sent a summons that looks very suspicious.

    Charles’s Answer

    It's impossible to tell without seeing the documents and checking with the court as Mr. Hall suggests. You likely will need to see a litigation attorney.

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  • I have a business in AZ, a company take our registration in FL for educational seminars. We are separating after 7 years.

    They don't want to give us our data base/alumni. There is no contract about this. No back up they gave us each year. We basically shared 50/50 after expenses. Can we oblige them to send us our data base (our clients email, address, etc.) or there ...

    Charles’s Answer

    I agree with my colleague. Your contracts and all facts and circumstances will need to be reviewed. A demand letter from an attorney might get them to provide your data.

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