My parents left behind a trust. They died and several properties were in it. My sister was named the original trustee but now she wants to stop doing this. Now that I am the trustee do I need to file anything to notify the public that I am the ...
A trust administration, while far less expensive than a formal probate, is not usually a do-it-yourself job. There are several requirements of successor trustees, especially where the original trustors (your parents) have died. You will not be able to sell any of the real estate unless your sister resigns as trustee and you accept that appointment but before you do that you need to open a formal trust administration. You should contact an attorney who handles this kind of work and discuss the least expensive means to get this done.See question
I have fallen way behind paying my credit cards; I do not have any source of income as I have health issues that do not allow me to go to work, drive etc. I am barely making it. The credit card companies have started sending me letters to pay back...
I'm sorry to hear that you're going through this. Bankruptcy may be an option but may not be the only option. You would be best served by contacting a competent, experienced bankruptcy attorney in your area for a free consultation. Most will meet with you for no charge to help you decide what's the best course of action. You need to take the first step, though. Just pick up the phone and make the call.See question
I am un-employment for the last four years. However, I owned two houses and that is my source of income and I am barely make it each month. On the paper, the two houses have equity - but I have a lot of deferred maintenances. One of the house is ...
The bankruptcy law provides several exemptions that allow the individual to retain property. You would need to sit down with an attorney to discuss what property you would be able to protect in your Chapter 7 case. If you cannot keep the property in a Chapter 7 then a Chapter 13 case may be right for you. Either way, you are going to need to talk to an attorney. Many attorneys like myself, who practice in this area, offer a free consultation in order to determine if they can help you.See question
Its a family trust started many years ago and is irrevocable since my grandparents are both deceased.
Need? No. Advisable? Yes. As a beneficiary you have rights and you may not understand them completely without competent counsel. Your children may or may not need counsel because your question doesn't indicate that they are beneficiaries. As a beneficiary, however, you should consult with an attorney to make sure that you are receiving what you are entitled to receive and that the trustee is doing his or her job properly.See question
I was sued by a creditor for a uncollateralized personal loan
It is very important that you contact a lawyer as soon as possible. You have a limited time during which to file and serve your response. If you don't then the creditor could win by default. An attorney can file a response and start the negotiation process. You've been sued. You should contact a lawyer.See question
Hi, I need to make a simple will, living will and medical directives. Are there forms I can fill out and have them notarized and have a legal document? I really don't want a lot of complex legal jargon. Can I do this without an attorney? I am in C...
Yes, of course you can do this yourself. The problem is that with most do-it-yourself projects, there's "wiggle room" if you make a mistake. Don't like the color you painted your room? You can re-do it. The problem here is that if you make a mistake, you won't know it (if you ever find out) until it's too late and the hospital won't accept or follow your directive or your will isn't valid and a probate judge decides to administer your estate as though you never had a will - likely differently than you wanted your estate administered.
This is a case where it really does pay to talk to a lawyer. There are way too many questions that you don't even know need to be considered on drafting these documents. Do it once, do it right, and forget about it.See question
The corporation has, to my knowlege, been dormant for 3+ years and has no assets that I am aware of. I had long ago surrendered my stock and severed all ties. Do I have to appear, and if so, do I have to answer questions concerning my personal a...
If your name is on the subpoena and you were served properly, then you should appear but you will not have to answer any questions about your personal assets if the judgment debtor is the corporation. If you fail to appear you can be held in contempt of court so definitely don't ignore it. You should contact an attorney to represent you.See question
My car was towed from the guest parking because the manager thought i still lived on the property. I wrote an email to the HOA explaining what happened and requested to be reimbursed for the money I paid the towing company to get my car back. In t...
If you were not a resident at the time and you were legally permitted to be parked there (you were visiting a tenant/resident) then your car should not have been towed and the HOA/property management company should reimburse you for the expense.
I would start by having an attorney write a strongly-worded letter to the HOA threatening legal action if your expenses are not covered. It sounds like you tried this on your own and were denied. Next stop would be small claims court. You can sue for the amount of your damages which may be the cost of the towing, and perhaps any wages you lost as a result of being without transportation. I believe the maximum amount you can sue for in Small Claims Court is $10,000. Remember, though, that you don't just have to file the lawsuit; you have to make sure that the defendant is served with the lawsuit, as well. I've included a link to the Small Claims Court's website for your convenience. I hope this helps.See question
But I have other debt how can stop it or have as a monthly payment not every week.
Hello. The filing of a Chapter 7 or Chapter 13 bankruptcy petition will stop the wage garnishment immediately because the filing of these documents creates an "automatic stay" which is a court order stopping all collection activity by all creditors. A Chapter 7 case will also most likely relieve you of all other debt as well. You should contact an attorney in your area and request a free consultation to determine if that is your best option or if there's something else that can be done to address this issue.See question
Canvasser entered my gate with no one home. My dog allegedly bit her. She is suing for half million. Bankruptcy was suggested, tho i dont want to. Do any lawyers take payment plans?
One aspect of Bankruptcy that has not been mentioned is that the case creates what is known as an "automatic stay" which will stop the lawsuit. While the plaintiff may not be able to collect from you if you have no money or assets, the experience of being sued is unpleasant and a Chapter 7 bankruptcy can completely eliminate it. You should contact a bankruptcy attorney in your area and request a free consultation so that your needs can be evaluated and a plan of action can be put in place. If you have been served with a lawsuit, you have very strict time lines and you need to act quickly.See question