Ronald Edward Ostrin’s Answers

Ronald Edward Ostrin

Los Angeles Bankruptcy Attorney.

Contributor Level 7
  1. How do I change power of attorney from my Mother's sister to me?

    Answered over 2 years ago.

    1. Janet Lee Brewer
    2. James P. Frederick
    3. Ronald Edward Ostrin
    3 lawyer answers

    The foregoing two answers are correct, but I think a little further explication may be helpful. The question is what your mom wants and what she can understand. The durable power of attorney she previously executed stands in for that if she has now lost the capacity to understand what she is signing. However, the loss of capacity is not a black and white situation, as someone could have dementia, but may have the capacity to understand what a power of attorney and to express a preference....

    1 lawyer agreed with this answer

  2. I turned 18 in nov. and my father told me that I had a trust for 4 years of college.now he said i have only

    Answered almost 4 years ago.

    1. Ronald Edward Ostrin
    2. Robert Jan Suhajda
    3. David C. Roston
    3 lawyer answers

    I would proceed cautiously as you might end up alienating your father, and if he is the trustor of a revocable trust, he could simply revoke or amend you out of the trust. Your question leave too many open questions, but I can at least touch on some of the issues. First off a trust has to have someone who set up the trust, called either a settlor or trustor. Who was that? Was it a grandparent or other relative who is now not living? In that case you might have vested rights and your...

    1 person marked this answer as helpful

  3. What do I do after the first collection call by debt collection law firm?

    Answered almost 4 years ago.

    1. Robert Harlan Stempler
    2. Frank Wei-Hong Chen
    3. Ronald Edward Ostrin
    4. Dorothy G Bunce
    4 lawyer answers

    Always keep a log of who calls you, date and time. Ask them for the spelling of their name and tell to call your attorney, if you have one. One of the main purposes of filing bankruptcy is to obtain the automatic stay, and if the calls continue after you file, they may be subject to sanctions for its violation.

  4. I received an amended request to a modification which my ex filed with no proof of service. Is that allowed and ...

    Answered almost 4 years ago.

    1. Pamela Koslyn
    2. Paul Y. Lee
    3. Ronald Edward Ostrin
    3 lawyer answers

    Yes you can object, but the question is what is the likelihood of the objection being sustained. If you can show real prejudice, such as this was not where your pleadings showed as the place for you to be served, and you got it very late, that might be sufficient. I think you have show to show prejudice. However, if you got it timely, then you should object to the place served, but make your substantive arguments, as you don't want to irritate the judge with non-substantive arguments. You...

  5. Is a Lawsuit considered a "Threat" or "Extortion"?

    Answered almost 4 years ago.

    1. Matthew T. Cecil
    2. Robert J. Kasieta
    3. Richard James Grossman
    4. Ronald Edward Ostrin
    4 lawyer answers

    First off it is best not to make an empty statement, but if you have good faith grounds to believe that you may, it is not usually actionable. A civil RICO suit is not a criminal action although it may be related to criminal activity. However, here in California it is not allowed to use the threat of criminal prosecution as a lever to obtain an advantage in a civil manner. I don't know if the law is similar in Nevada.

    1 person marked this answer as helpful

  6. How do I put a house into a family trust?

    Answered almost 4 years ago.

    1. Henry Daniel Lively
    2. Ronald Edward Ostrin
    3. Eliz C A Johnson
    3 lawyer answers

    If your grandparents were here in California, I would advise them to have a trust prepared, (along with a pour over will, durable power of attorney for finances and an advanced health care directive.) When those documents were done, I would prepare a quitclaim or grant deed to the grandparents, as trustees of their trust, and then have the deed recorded. This is the basic estate plan that is the minimum everyone should have who owns property or has children.

  7. My bank charges late fees when they "receive" a late mortgage payment of mine. My question is is the payment date the date they

    Answered almost 4 years ago.

    1. Dorothy G Bunce
    2. Guy David Chism
    3. Ronald Edward Ostrin
    3 lawyer answers

    Always mail your payment in as soon as possible and send it by return receipt or federal express a few times if you think they are marking it late when it is not. The date they received is the date on which to determine if it is late or not.

  8. CAN I TRANSFER A CAR WHICH IS MY NAME TO MY DAUGHTER

    Answered almost 4 years ago.

    1. Theodore Lyons Araujo
    2. Charles Ross Smith III
    3. Ronald Edward Ostrin
    3 lawyer answers

    The first three rules of bankruptcy is disclosure, disclosure, disclosure. Any transaction, especially to a relative, that is done close to bankruptcy is subject to scrutiny and will have to pass the smell test. Unless you can prove that it was transferred for fair value, you not only have the prospect of the transaction or transfer being set aside as a fraudulent conveyance, but if so found that could prevent your discharge in its entirety. If I was representing you, I would want to see a...

  9. The bank that lent me the money for my mortgage filed for bankruptcy. Can they assign to another bank while in bankruptcy?

    Answered almost 4 years ago.

    1. Michael David Siegel
    2. Theodore Lyons Araujo
    3. Michael J Corbin
    4. Ronald Edward Ostrin
    4 lawyer answers

    Yes they can, and they might seek an omnibus order allowing them to do that as a regular course of business.

  10. Two years ago I agreed to lend a family member money that was to be repaid in 6 months. That was two years ago .

    Answered almost 4 years ago.

    1. Theodore Lyons Araujo
    2. Ronald Edward Ostrin
    3. David Dong-Jin Oh
    3 lawyer answers

    I speak as a California attorney, so the answer may change depending on the state. In California, the statute of limitations for an oral contract is two years, so the answer is file a lawsuit, right away so your claim is not barred by the statute of limitations. Often when the statute begins to accrue is an issue that is subject to debate, so the basic guidelines I use is that prefer to sue within two years of the date the agreement was made, so that it would not be time barred, but I would...