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L Christopher Arvin

L Christopher Arvin’s Answers

229 total


  • Question about living trust.

    Hi my question is this, am planning to go back to my country and never comeback but i have a house and i like to leave the house with my domestic partner (girlfriend) and my daughter, we are still paying the house and there is no equity, the mort...

    L Christopher’s Answer

    If no equity - presumably the girlfriend is mother of child - why don't you just "give" to girlfriend - you are asking her to pay the mortgage so why shouldn't she own it (since no value now??).

    Consult CPA if debt is greater than value - for tax consequences if any.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • Can I collect on my father's insurance policy, his girlfriend was listed as beneficary but never collected & she passed away.

    My father died in 2003 listed his girlfriend as beneficary, she never collected it and the insurance company was trying to find her. She passed away in 2010, she has a estranged son and I hope that it wouldn't go to him. Can I as his heir collect it?

    L Christopher’s Answer

    you are indicating she survived by 7 years.

    sometimes there is a survivorship provision in an insurance policy - but never have seen 7 years!

    if no lapse period - likely it goes to her beneficiaries.

    look at the policy - but likely goes to estranged son if no Will/husband.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • About living trust.

    can you explain to me what's a living trust, i want my domestic partner mom of my daughter to have all the rights on my house, can a living trust give her all the rights even i am alive, i don't need to be dead to give her this rights so she can...

    L Christopher’s Answer

    Is there equity?

    Are you intending to "gift"/"transfer" the house now?

    Why?

    Living Trust is generally for estate planning purposes - avoid probate, handle properties if you becam incompetent ..

    Why are you wanting to do this?

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  • Probate

    Generally there is a hearing with formal and informal probate? What if I have a "Will" or don't have a "Will" in a formal or informal estate, do you still have a hearing to start proceeding in probate.? What is the difference between fili...

    L Christopher’s Answer

    What state are we speaking about? ...what state did individual who died reside?

    Will - says beneficiaries, Executor.

    No Will - intestate - state code says who "heirs" are.

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  • How do I probate a will?.

    Will is on file in court house, my lawyer say I have to get someone either to take it to probate court. which I don't understand.

    L Christopher’s Answer

    You have legal counsel - consult with counsel.

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  • I just had a judgement placed against me today for an old mortgage. What assets can they take from me?

    I rent my home, savings is empty, I never have had more than $3500 at any given time in my checking or savings. less than 4k in my 401k, my aunt is the co-owner of my car valued at $3100 according to kelly blue book. I personally own no other ...

    L Christopher’s Answer

    This would be credit / bankruptcy lawyer question not estate planning

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  • Can items removed from home before will is probated be made returned.

    My brother and I are named exectors in my Mom's estate and before he went into the home and removed furniture, etc. My Mom lived in WV and he and I live in NC. I am very sure what he took is in NC. I have not checked out the home because he chan...

    L Christopher’s Answer

    Obtain legal counsel, who should advise you both - and avoid these unilateral/inappropriate actions of co-fiduciaries.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • What happens when someone who owes you money dies?

    A close friend lives in Upstate New York, he is 57 years old and has colon cancer. I would like to borrow $50K from my 401(k) and lend it to him for treatment and other expenses. I know it would take a lot off his mind. Please be aware that I...

    L Christopher’s Answer

    My best wishes for you and your friend.

    Correct - if no money to be re-paid, then you will not be re-paid.

    If you cannot repay your 401K with other income, you will have to pay taxes on the amount withdrawn.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • What does "non pro-rata distribution" mean? It is mentioned in my father's will as a power of the Personal Representative.

    My father's will includes the following power for the Personal Representative: "To make any distribution or division of my estate in cash or in kind or both; to make distribution of my estate non-prorata among the beneficiaries" The estate is to ...

    L Christopher’s Answer

    rather than % of each and every asset to each beneficiary, PR can pick and choose assets going to each based on values ..

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  • I need to know if my moms common law husband can take away my trailer and land if it is in her name and i make the payments

    and if she can put in her will to keep my husband off the land when she dies

    L Christopher’s Answer

    What state does she live in?

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