James Leslie Walker IV’s Answers

James Leslie Walker IV

San Rafael Estate Planning Attorney.

Contributor Level 10
  1. The trustee of my grandmothers estate in which I am a beneficiary has hired lawyers that are not being honest

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. James Leslie Walker IV
    3. James P. Frederick
    4. John Noah Kitta
    5. Celia R Reed
    5 lawyer answers

    I agree with the other answers. Plus, are there other heirs affected by the "dishonesty" or who have interests similar to yours? Perhaps you all can jointly hire an attorney to assist you. Also your own attorney will help you prioritize the issues you should be dealing with and avoid your perhaps focusing attention of matters of lesser importance. this can very important in getting the judge to listen to you about important matters that materially effect the outcome relevant to you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I sold my house, shortsale in 2008. The bank Chase never contacted me for the deficiency on the Heloc.

    Answered about 2 years ago.

    1. James Leslie Walker IV
    2. Peter Walter Weston
    2 lawyer answers

    Is it actually 4 years since your last payment which I presume was made as part of the short sale? If so the statute of limitations may have run on the debt. However, if not the prior advice is excellent.

    Selected as best answer

  3. How to sue an out-of-state relocation company in small claims court?

    Answered over 4 years ago.

    1. James Leslie Walker IV
    2. Andrew Daniel Myers
    2 lawyer answers

    If they were the owner and seller of real estate in Cal, that is probably sufficient for jurisdiction. Get the summons issued and ask the clerk if you can send to a sheriff where the co is located for service. If your basis for the suit is non-disclosure of something that was known to the agents try going to the agent(s).

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  4. Royal law

    Answered over 3 years ago.

    1. James Leslie Walker IV
    2. James Brian Thomas
    2 lawyer answers

    Since we have no royalty in the US, it appears this matter involves the law of another country. Do they have an Embassy or consulate here in the US? Perhaps they can help get you in touch with someone knowledgeable about the laws of that country. Or you may have to contact someone there or go there. Good luck and be careful.

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  5. For a swap of real property for publicly traded stock within an estate prior to distribution , how do you value the stock?

    Answered over 1 year ago.

    1. Bernard Lafayette Metz
    2. James Leslie Walker IV
    3. Terry Lynn Thomas
    3 lawyer answers

    You need to make a deal that both feel is fair. Of course the value of the stock changes daily as does the value of the real estate, although more slowly. Unless the document specifies otherwise you two will have to decide on a date for value and then live with that decison. The suggestion to have the executor sell the stock, if both are residuary heirs, will split the tax impacts of the sale. However, all assets recived a step u in basis to FMV at death so perhaps the gain is smaller than you...

    2 lawyers agreed with this answer

  6. How likely am I to loose the court case?

    Answered over 2 years ago.

    1. James Leslie Walker IV
    2. Kevin Samuel Sullivan
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Because of the appeal, you will have a new trial of the issues. Just present your case as you did in small claims court. however, it is likely you will be asked to participate in mediation. Many arguments will be thrown at you, but the matter is simply one of non-payment. Dont forget you have a duty to mitigate, i.e. find a new roommate.

    2 lawyers agreed with this answer

  7. What form does a beneficiary use to request reimbursement from the executrix of her father's estate?

    Answered over 2 years ago.

    1. Janet Lee Brewer
    2. James Leslie Walker IV
    3. Linscott Roberts Hanson
    3 lawyer answers

    Beneficiaries do not recive reimbursement they receive distributions. However, perhaps you are both a beneficiary and someone who provided services or paid costs of the estate. If you have a friendly relationsip with the executor ( we no longer use the term executrix in Ca due to P.C'ness) she can just write you a check. But if it is going to be a battle, file a creditors claim ASAP as suggested above.

    1 lawyer agreed with this answer

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  8. Own house joint tenancy and not a spouse. mother and daughter.In CA..taxes reassessed upon death?

    Answered over 1 year ago.

    1. Shaun K. Boss
    2. David John Tappeiner
    3. James Leslie Walker IV
    4. Matthew Erik Johnson
    4 lawyer answers

    I agree with the above, but your statement that the joint tenancy is only in the will concerns me that the will may not be carefully written and may not accomplish what is wanted. unclear if title holder already passed away? I suggest you see an attorney.

    1 lawyer agreed with this answer

  9. Can surviving spouse transfer title to CO property to Survivor's Trust and and put cash equivalent in Decedent's Trust ?

    Answered over 1 year ago.

    1. Michael Robert Weinstein
    2. James Leslie Walker IV
    3. William Richardson Christian
    3 lawyer answers

    All trustees must act fairly, prudently and put the beneficiaries' interests first. If there is a dispute over this matter among the family, perhaps the only thing to do would be to get the trustee's actions approved by the court. However, if all in the family agree that what she did is appropriate, an agreement among those most interested in the trust may suffice to avoid future problems. Whether such an action has tax impacts would require more facts than provided here. I agree with the...

    1 lawyer agreed with this answer

  10. If an amount is posted as a credit to a checking account, when can a bank debit the account for the amount previously posted?

    Answered about 2 years ago.

    1. James Leslie Walker IV
    1 lawyer answer

    yes, new financial privacy laws have made a property owner's life more difficult. But remember the bank is merely a payment agent, Consider this like the tenant's check bounced and call the tenant immediately or , if appropriate, serve a 3-day notice.

    1 lawyer agreed with this answer