Gerard William O'Brien’s Answers

Gerard William O'Brien

Brea Trusts Attorney.

Contributor Level 12
  1. What's the best way to hire a really good experinced lawyer that will work with you if you don't have a good down payment?

    Answered almost 4 years ago.

    1. Gerard William O'Brien
    2. Debra J Venhaus
    2 lawyer answers

    If you have no money or very little money you are not going to get a private attorney unless she is independently wealthy or the firm needs to be seen doing some good in the community. Depending on what the felonies are you may be able to get help from different interest groups and you should search the internet for attorneys with an interest in your type of felony. If there are no attorneys in your area who have an interest in your case, say there is a good 4th amendment violation and there...

    2 lawyers agreed with this answer

  2. Filed a Ch.13 in May 2007 and thinking about converting to a ch 7

    Answered almost 4 years ago.

    1. Gerard William O'Brien
    2. Danielle Jeanne Eliot
    3. Alon Joseph Nager
    3 lawyer answers

    You should find out if you qualify for a chapter 13 "hardship discharge," See 11 U.S.C. § 1328(b). The debtor will have to prove (1) failure to complete plan payments is due to circumstances beyond the debtor's control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. The hardship discharge is not as broad as the normal Chapter 13 discharge, but it is...

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  3. Where to find an hourly paid attorney service for 6 hours per day? Payment will be rendered at the end of the session.

    Answered about 3 years ago.

    1. Gerard William O'Brien
    2. Sean James Gavin
    3. Juan Manuel Armenta
    3 lawyer answers

    This is not the way to approach professionals regarding hiring them for a very important service. You are likely to only get someone who is only, "in it for the money," you pay for the deposition, not someone who wants to win your case. Representation at a deposition can influence the outcome of the matter to which the deposition applies. Looking to hire the cheapest attorney and then stating that you will not pay until services conclude - indicating that if things do not go your way you may...

    1 lawyer agreed with this answer

  4. My Mother has a living will/trust. She never transferred the deed to her home into the trust. Her home is paid for.

    Answered about 3 years ago.

    1. Adam Christopher Aparicio
    2. Gerard William O'Brien
    3. Christopher B. Johnson
    4. Daniel Kenneth Printz
    5. Douglas Charles Michie
    6. ···
    7 lawyer answers

    If your mother's trust has the trust listed on schedule A, a judge may be willing to allow the trust to be put into the trust through a hearing called a Heggsted hearing. However, not all judges automatically grant these motions. So you should look to see if there is a pour-over will with your mothers estate documents. If there is and if the will includes Independent Administration of Estates Act language, it may be easier and less expensive to go through a probate. I suugest that you take...

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  5. To amend or not to amend?

    Answered over 3 years ago.

    1. Gerard William O'Brien
    2. Steven Alan Fink
    3. David Allen Hiersekorn
    3 lawyer answers

    While I agree with Mr. Fink, I think you ought to consider whether you have other omissions that need correcting. If you find several I would amend because it has been my experience that mistakes corrected before the hearing draw less criticism than those discovered post. I would consider finding this to be a wake call to re-read your petition and schedules. Make certain you are telling the whole truth. WARNING NOT LEGAL ADVICE! NO FORMATION OF ATTORNEY CLIENT RELATIONSHIP!

    1 lawyer agreed with this answer

  6. Does California tax income from a Trust Fund based out of state?

    Answered almost 4 years ago.

    1. Gerard William O'Brien
    2. Richard Scott Stewart
    3. Henry Daniel Lively
    4. Ayuban Antonio Tomas
    4 lawyer answers

    Yes California taxes all of your income from where ever it comes, same as the IRS. OUT-OF-STATE INCOME TAX WITHHOLDING UPAY 830 You may be able to have the situs state release you from your obligation to pay their tax since you would be paying double income tax. California Revenue and Taxation Code section 17071. Section 61 of the Internal Revenue Code, relating to gross income defined, shall apply, except as otherwise provided. § 61. Gross income defined (a) General definition...

    1 lawyer agreed with this answer

  7. What is normal charge to administer a trust

    Answered almost 4 years ago.

    1. Gerard William O'Brien
    2. Janet Lee Brewer
    3. Alex Ross Borden
    4. David Allen Hiersekorn
    4 lawyer answers

    That is a an outrageous fee for managing such a small trust estate. I would certainly start shopping around. This fee is considerably more than if you went through probate where the fees are statutorily set and a $1,000,000.00 estate yields about $23,000.00 in attorney's fees unless there are extraordinary services that are needed above and beyond the normal probate services. This lawyer is looking at close to $100,000.00 for the work. This is the type of fee you would get for an estate...

    1 lawyer agreed with this answer

  8. What rights to i have as a beneficiary on a living revocable trust

    Answered almost 4 years ago.

    1. Timothy Bryan Liebaert
    2. Gerard William O'Brien
    3. Neal E. Bartlett
    3 lawyer answers

    Was the Trust changed before or after the diagnosis? If after, get an estate attorney or litigator and they will have your sister removed and possibly surcharged for any misuse of Trust money. If the changes were made before diagnosis your attorney can still prove that Mom wasn't capable of making the changes and that your sister exercised undue influence over your mother. Be careful while you are in the process of getting the estate put right that your mother is not neglected or harmed by...

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  9. How can I get refund for unsuccessful Loan Mod for property in WA, but attorney in CA?

    Answered almost 4 years ago.

    1. Gerard William O'Brien
    2. Elizabeth Rankin Powell
    3. Dana Howard Shultz
    3 lawyer answers

    You can file a complaint with the California Bar Association. During the mad rush to modify loans many attorneys with inadequate knowledge of what they were doing jumped into the field finding that they couldn't help the clients, but they already had the money and they hope that the clients who subsequently lost their homes will simply go away. If you have sent letters hopefully you kept copies, if you send an additional demand letter, see below, send it return receipt requested. Keep the...

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  10. If 3 brothers have their names on a house deed, and one is terminally ill and dies

    Answered about 3 years ago.

    1. Keith A Davidson
    2. Gerard William O'Brien
    3. Thomas C Valkenet
    3 lawyer answers

    First look at your deed, if you do not have one, go to the Orange County Recorder and get one. How title was held originally may give you all the answers you need, but you may need an attorney to interpret the deed for you. If the original deed says that the property was held in joint tenancy your brother may have been wiped clean of ownership by his death. If you held the property as Joint tenants and your brother broke the joint tenancy than you would each have one third ownership. If you...

    1 person marked this answer as helpful