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Michael Raymond Daymude
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Michael Daymude’s Answers

7,200 total


  • Mother passed in 2007 & had Family Trust in 1999. I just found out her attorney did no file the trust. Do i have a case?

    Due to the negligence of the attorney to file the trust and or her Last Will and Testament. I had to pay the IRS estate taxes for years. I now found out that in fact I did not owe any taxes at all because of the trust and the last will and testame...

    Michael’s Answer

    Trust are not filed. It would be up to the successor trustee to administer the trust, not the trustor's attorney. If you mom died in 2007, the four-year statute of limitations against the attorney has probably passed. From your facts, it appears you were negligent -- not the attorney.

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  • Is legal advice for insurance claims reimbursable by insurer if initially deny the claim & later accepted the duty to defend?

    Business Policy claim for a civil litigation was denied with no duty to defend and told to hire own defense counsel at own expense. After countering, insurer accepted duty to defend but not duty to indemnify. Is all attorney fees reimbursable at r...

    Michael’s Answer

    Are *all* attorney fees reimbursable at retained counsel’s rate? Probably not. If there is a coverage dispute, and even if the carrier accepts defense, the carrier may still have a claim against you for reimbursement of *their* attorney fees if it turns out there was no duty to defend. So, I would not expect the carrier to roll over. Of course, this depends on a lot of factors. The attorney you retained would be the one to assist in obtaining any reimbursement. Good luck.

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  • Can my 79 yr. old mother get out of a 20 yr. solar contract that she didn't understand? The company is saying no.

    My mother entered into a 20 yr. contract with Vivint Solar, and didn't understand the terms of it. She gets confused easily. Also, she did this right after my father died, when she was trying to figure out how to cut her expenses, and she was pe...

    Michael’s Answer

    Visit my self-help page: "Self-Help and Pro Bono Legal Services in Los Angeles" at http://mrdaymude.com/practice-areas/self-help-and-pro-bono-legal-services-in-los-angeles. As a fist step, I would contact Bet Zedek. If they can't help, they should be able to point you in the right direction.

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  • Recently purchased home is currently in litigation -- can the bank foreclose or hurt my credit if i don't pay mortgage?

    My home is currently in litigation because the house I purchased has several defects and is uninhabitable contrary to what the sellers had represented. I had to move out and am renting another apartment to live in. I cannot afford to pay both the ...

    Michael’s Answer

    This sounds like a situation where you needed to consult counsel a long time ago. Yes, the bank can foreclose if you do not pay on your note and, yes, it will *definitely* hurt your credit. I hope you do not expect to prevail in the lawsuit, representing yourself. You do yourself a disservice posting here on Avvo when what you need is advice and counsel from an attorney who has reviewed all the facts with you.

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  • Trust Calif

    I just got a notice to appear next month in court because a motion has been filed by the trustee of a trust of which I am an heir. It is in L.A. Superior Court. I need a postponement. Can I go to the court and ask for one or must I ask on...

    Michael’s Answer

    You should appear and ask for a continuance to obtain counsel. Alternatively, retain counsel to appear for you. You can obtain a copy of the motion from the court, or you can review it there. Petitioner should also give you a copy if you ask but, still, you might not understand what you are reading.

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  • Worth fighting for?

    My sister had a revocable trust dated 2003. She named her best friend as sole beneficiary. My mother died in December 2013 leaving both myself and my sister a sizable amount of money; approximately 160K each. My sister died unexpectedly in Novembe...

    Michael’s Answer

    An attorney needs to review the terms of trust and facts you have not posted. The statutory deadline is jurisdictional. So, you need to act promptly. If the trust contains a valid no contest clause you must proceed cautiously if you intend to challenge as you must have probable cause.

    Only you can determine if it is worth it to investigate your chances. While most attorneys offer a no obligation consultation, that consultation generally would not include the kind of investigation necessary to establish probable cause.

    If the trust does not contain a valid no contest clause, and you are able and willing to pay hourly rates at least for a limited period of time or up to a certain amount, your chances of success will become clearer.

    In many cases, even with bad facts, you will be able to achieve a settlement which justifies your initial expense.

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  • When adverse action is taken by creditors to close accounts is there law for disclosure of where the information came from?

    credit card was in good standing, never late and account held over 10 years. Creditor reported to buerus that account was closed at consumers request which is false and didn't disclose within the letter where the information they were basing their...

    Michael’s Answer

    Contact the credit card company. Perhaps their action was taken in error. If an error was made, ask the credit card company to report the correction to the agencies they report to. Additionally, dispute the negative information with the reporting agency.

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  • My Aunt, now 87 never got written or oral notice that her brother had left over $3,000,000 to my Aunt's sister isn't that fraud

    My Aunt in Sylmar, CA..... I met with her this past Aug. 21, her birthday and learned that she never got any Notice that her brother left $3,000,000+ to her only sister...there are no other living relatives, excepts nieces and nephews. I am he...

    Michael’s Answer

    You need to discuss the matter with an attorney where William's estate was probated. The fact you received notice indicates that your aunt probably did too but has forgotten. Memory loss is common among seniors. An attorney can review the court file, or you can visit the court yourself and look through it. Once the facts are learned, your aunt's choices will become clearer.

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  • Is my insurance company required to tell me before a payout that a payout would result in "salvage title"?

    The side of my car was hit by the rear end of the garbage truck. Unfortunately, the other insurance company turned out to be a PO Box in NYC, so my insurance paid us the full value and told us no premiums would increase. They showed us the total l...

    Michael’s Answer

    Since this is your insurance company, and you do not sign a release to receive payment, no ... your carrier does not need to tell you that your vehicle was salvaged, i.e., a total loss.

    Presumably, they paid to you the FMV of the vehicle before the accident, minus salvage value. You still have the option of letting the insurance keep the car and getting the salvage value.

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  • Can the purchaser at a junior lienholder's foreclosure sale challenge the amount due on the senior lien?

    Under California law, can a bona fide purchaser at a junior lienholder's foreclosure sale that takes the property subject to a senior lien, as now owner of the property, challenge the amount due an owing on the senior lien? Such as arguing that t...

    Michael’s Answer

    “Can the purchaser at a junior lienholder's foreclosure sale challenge the amount due on the senior lien?” – Yes. However, you will probably have problems of proof and if your challenge is an attempt to forestall a trustee’s sale by the senior lienholder, be prepared for your challenge not to work. This would be especially true if the senior lienholder had already begun foreclosure proceedings by recording a notice of sale. BTW, IMO, the junior lienholder is not a BFP since the purchaser has notice of the senior lienholder’s interest.

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