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Michael Raymond Daymude

Michael Daymude’s Answers

7,236 total

  • Can agent of poa remove name from gift deed? brother and sister are agents of moms is in nursing home and suffers from designated a property in her will to me but sister (agent) has added her name to gift deed of brother (other agent) h...

    Michael’s Answer

    I agree you need to retain counsel to review the POA and questionable transaction. The sooner you do this, the easier and least costly the fix.

    If your sister has acted in breach of her fiduciary duty, perhaps all this is necessary is to point this out to her and have her voluntarily execute appropriate documents transferring title back to your mother or your mother’s trust.

    BTW, I take your facts at face value. A lot of information is missing. It is possible that your sister's actions are in accordance with your mother's estate plan and the POA.

    Before you make the same alleged mistake your sister has, i.e., engaging in self-help without the advice of counsel, consult and retain an attorney. This forum is not suited to your purpose. Good luck.

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  • Calif Trust /poison pill

    I am an heir to a trust with a poison pill. An heir filed one contest to the trust and I did not notice the poison pill clause and though they lost they were not thrown out of the will for their losing efforts. Now they are threatening ...

    Michael’s Answer

    You need a lawyer. Not every no contest clause is enforceable and not every action a beneficiary takes might be in violation.

    I agree that you may be able to file a petition with respect to the initial and subsequent filing. However, it is clear to me from your question that you will not prevail on your own.

    If you are the trustee, you may wish to petition for instructions so that you will be assured that any costs you incur will be paid by from the trust and not your personal assets. Good luck.

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  • You will be my hero if you can answer this question....Who is authorized to sign on behalf of a VOIDED Delaware Corporation?

    A fraudulent $250,000 lien was attached to my home by my ex-husband through a Delaware Corporation he was involved with. He recorded it WITHOUT the Principal's permission and the corporation went defunct. The former Principal refuses to sign a No...

    Michael’s Answer

    You are using legal terms you do not understand. There is no "principal" of a corporation, There are directors, officers, and shareholders. It is unclear what you mean when you write the corporation was "voided."

    It appears this may be a question of Delaware law. If so, you should post your question in the Delaware.

    I suggest you consult and retain a local attorney to review the facts and write a letter or two. The principal of the Delaware corporation may prefer to cooperate as opposed to being named in a CA lawsuit. Good luck.

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  • Assessed value on home is more than the purchase price.

    Closed escrow on a home beginning of the month for 235k. The home was previously assessed for 230k in 2014, and 195k in 2013. I went on line to the Riverside county website to see if they have updated the new assessed value for 2015.. Behold!! 255...

    Michael’s Answer

    Real property is reassessed when transferred. There is no limitation to reassessment upon transfer. You may appeal the reassessment with the county assessor. Generally, the sales price will be accepted by the assessor if you timely appeal.

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  • If I challenge my dad's trust who pays attorney fees?

    I am hesitant to challenge an amended trust which lowered my inheritance significantly. I just got the letter in the mail stating I had to file a contest soon. However, I am worried if I file the trust contest and lose, I will have to pay my att...

    Michael’s Answer

    You need to have an attorney review the terms of trust and any pour-over will to determine the applicability of any no contest clause.

    If you file a contest, the trustee will defend which will reduce the available fund for heirs including your beneficial interest.

    You are correct. You must pay your own attorney fees. Whether you might also have to pay the trustee’s attorney fees depends on facts you have not posted. The first place to start is a paid for, in depth review of the terms of trust and the factual basis for a contest, including your proof.

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  • Can a company-paid therapist be allowed to testify against patient because the employee's contract stated it in the fine print?

    There is a lawsuit involving the employee against the corporation, however the employee was seeing the therapist that the company paid for. Also, in the employee's contract it says that the company can seek the therapist notes if needed. This is u...

    Michael’s Answer

    This is a question you need to ask your attorney. If you do not have an attorney, you should consult and retain one. Privileges can be waived. You will need an attorney to assert your rights and defend against any asserted waiver. Good luck.

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  • Can a defendant file a counter claim in Unlawful detainer. Or do you have to file a different lawsuit. im confused

    Can someone explain exactly how the law works in this manner.

    Michael’s Answer

    Mr. Chen has answered your question. If you are a defendant in a UD action, I urge you to consult local UD counsel. Tenants who consult and perhaps retain UD counsel early on fair substantially overall than those who wing it on their own.

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  • If I sign a quit claim deed giving my home to my sister, What would be the financial repercussions with property & sales taxes?

    I live in my home in California. There is a possibility I will be sued. I have researched bankruptcy and it looks like I would lose my home even if I filed chap 13. Can I legally do this? I have not yet been served a summons. I would be giving her...

    Michael’s Answer

    • Selected as best answer

    My colleagues have provided correct guidance. I write only to point out that gifting your property to *anyone* in an attempt to avoid a debt is *never* a good idea. Not only does property remain liable for your debts under the circumstances you have described -- it also becomes liable to the giftee's debts. Such a transfer may be difficult or impossible to undo and may result in total loss of the property. CA has healthy homestead exemptions. Stop doing your own research and consult bankruptcy counsel. There is nothing intuitive about BK law. Good luck.

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