Eliz C A Johnson’s Answers

Eliz C A Johnson

Danville Estate Planning Attorney.

Contributor Level 17
  1. Do we need to go through the probate process or will a small estate statue work?

    Answered almost 2 years ago.

    1. Eliz C A Johnson
    2. James P. Frederick
    2 lawyer answers

    Small Estate Affidavits are used in Arizona to transfer assets from a deceased person to the heirs when the total value of the assets is below the minimum value requiring a traditional probate. Under Arizona law, the general rule is that if a deceased person owned more than $75,000 of equity in real estate, or more than $50,000 of personal property (including physical possessions and money), then a traditional probate is required to transfer the assets to the heirs. A Small Estate...

    4 lawyers agreed with this answer

  2. I was fired from a home mortgage company for putting a customer on an unapproved payment plan to save her home. I

    Answered almost 2 years ago.

    1. Eliz C A Johnson
    2. Randy T. Enochs
    2 lawyer answers

    If you were fired from your job you may be eligible for unemployment, depending on the circumstances. If you were fired because the job wasn't a good fit, because your position was terminated because of company cut-backs, or because of reasons like poor performance on the job, for example, you may qualify for unemployment benefits. When you are fired for misconduct (also known as terminated for cause) you may not be eligible for unemployment compensation. Misconduct includes, but is not...

    4 lawyers agreed with this answer

  3. Civil case District Court subpoena question

    Answered almost 3 years ago.

    1. Eliz C A Johnson
    2. Frank Wei-Hong Chen
    3. Pamela Koslyn
    3 lawyer answers

    If the question is do you have to serve a copy of the discovery request on the defendant, the answer is absolutely yes. You do not, however, have to give them a copy of the responses to those requests that you get.

    Selected as best answer

  4. Pro per litigation

    Answered almost 3 years ago.

    1. Eliz C A Johnson
    2. Frank Wei-Hong Chen
    2 lawyer answers

    As pointed out, it depends on whether you are in State or Federal Court. In State Court, it is a separate pleading and will require specificity of pleading or you will be subject to the inevitable demurrer. Also, you need to issue a summons because you are bringing a new party into the case. If you are just cross-complaining against the plaintiff, you do not need to do so. Understand that litigation is very complex and rule driven and discovery, the next phase after pleading, is where...

    Selected as best answer

  5. Do adopted kids (by marriage) share in an inheritance from a distant third cousin?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Daniel Kenneth Printz
    3. Sonya F. Mittelman
    3 lawyer answers

    I am a California attorney. If the decedent was not married, the estate is distributed as follows: 1. To the decedent's children, who take in equal shares if they are in the same generation. 2. If there are no children or other issue (issue is the legal term for children, grandchildren, great-grandchildren, etc.) living, the estate goes to the decedent's parents. 3. If there are no parents living, the estate is distributed to the "issue...

    Selected as best answer

  6. Does any one can sign my name as Grantor if he has a general power of attorney & I authorized him to do so ?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Stewart R. Albertson
    3. Thomas R. Olsen
    3 lawyer answers

    Under a POA, the Agent, who is the person you gave the rights to, signs "your name by his name as Attorney in Fact." So if you are Davy Jones and the Agent is Keith Partridge, he signs "Davy Jones by Keith Partridge, Attorney in Fact". Agent does not sign your name as if it is you signing, that is wrong and maybe fraudulent. If you don't like the way he is handling your affairs, you need to revoke the POA and sign a new one if needed. Use the AVVO.com web site to find an attorney in...

    Selected as best answer

  7. Will removing my brothers name from the title of my house trigger property tax reassessment?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Jeffrey Ian Bedell
    3. Frank Wei-Hong Chen
    3 lawyer answers

    You may qualify for one of the exceptions for reassessment on the attached form but it is not clear from these facts. I would want to know how you got the property together, why are you removing his name, is it a sale or gift? There may be gift tax consequences that you have not yet considered. As mentioned, if you do not qualify for an exception, it may be that the downturn in the real property values works to your advantage and it MAY even lower your property taxes. Before you just start...

    Selected as best answer

  8. Can the IRS put a levy or lein on your retirement annuity?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Henry Daniel Lively
    3. Benjamin A. Stolz
    4. Dorothy G Bunce
    4 lawyer answers

    Yes, they can lien your assets. It was suggested a bk might help. You may also want to consider: 1. an Offer in Compromise if you are no longer able to pay on the debt but only if there is doubt as to liability or collectability 2. Currently not collectable status which takes you off their radar for two years, I think, if you qualify and are not able to pay 3. Set up a payment plan and honor it and they will stop all the collection activity. You should see a tax attorney in...

    Selected as best answer

  9. My landlord filed an UD complaint against me and the judge ruled in my favor. I was just served again with yet another 3 day.

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Frank Wei-Hong Chen
    3. Pamela Koslyn
    3 lawyer answers

    Even if you were an attorney, you will not get attorneys fees for representing yourself. You need an attorney who does landlord tenant law in or near Upland. Use the AVVO.com to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    Selected as best answer

  10. How to file an Objection to a Subpoena for Personal Information

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Steven R Vartazarian
    3. Pamela Koslyn
    3 lawyer answers

    The subpoena will tell you what you need to do if you object to the release of the personal information. This looks like it is going to go against you? Find an attorney to help you BEFORE then. Use the AVVO.com to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what...

    Selected as best answer