Michael Austin Hackard’s Answers

Michael Austin Hackard

Mather Litigation Lawyer.

Contributor Level 10
  1. Mother died 1 mo. ago & left a home that was paid for to her 4 children, no will. My sibling, a hoarder, lived with Mother for

    Answered about 2 years ago.

    1. Michael Austin Hackard
    2. Walter Alan Davis
    3. Jon H Powell
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    First, I am not a Mississippi lawyer so I can only apply general law principles. If your mother left her home to the four of year equally as tenants in common then you can utilize a partition action to forece a sale of the home. Not knowing the mechanism that was used to "leave" the home to you it may be necessary to probate your mother's will and to secure a court order for the sale of the home. See a lawyer in Hattiesburg (nice town - I've been there) who is familiar with wills and trusts.

    6 lawyers agreed with this answer

  2. My father transfer $15000.00 into my account as a gift while he was in a nursing rehab center.

    Answered about 2 years ago.

    1. Michael Austin Hackard
    2. Byron Keith Barclay
    3. James P. Frederick
    3 lawyer answers

    See an attorney familiar with guardianship and probate related matters as soon as possible. You have identified a number of issues that could be troubling and that could result in power that might otherwise vest in your family vest in a public administrator. This might or might not be appropriate. Seek counsel.

    6 lawyers agreed with this answer

  3. My dad and stepmom have both passed away,my step mother was just recently,and they have a storage unit what can i do?

    Answered about 3 years ago.

    1. Michael Austin Hackard
    2. Joanna Lynn de Vos
    3 lawyer answers

    This is really a practical and human compassion question. You have not indicated whether you know whether your dad or stepmom (or both) were the tenant for the unit. I suggest that you take a copy of the death certificate for your father and stepmother, go to the storage unit, ask for the manager and explain the circumstances. Assuming that a probate estate is not going to be opened for them (the storage company will really not have an economically viable claim) the storage manager could make a...

    4 lawyers agreed with this answer

  4. My dad and stepmom have both passed away,my step mother was just recently,and they have a storage unit what can i do?

    Answered about 3 years ago.

    1. Michael Austin Hackard
    2. Joanna Lynn de Vos
    3 lawyer answers

    This is really a practical and human compassion question. You have not indicated whether you know whether your dad or stepmom (or both) were the tenant for the unit. I suggest that you take a copy of the death certificate for your father and stepmother, go to the storage unit, ask for the manager and explain the circumstances. Assuming that a probate estate is not going to be opened for them (the storage company will really not have an economically viable claim) the storage manager could make a...

    4 lawyers agreed with this answer

  5. My father recently died and my sister is executor. There is a trust involved and father likely had substantial assets.

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Charles Adam Shultz
    3. Steven John Clausen
    3 lawyer answers

    This response will not have the depth required to really answer your question. That said, there are a number of issue that you have raised. The Will issue - If your sister is in fact the executor she has the obligation to file the Will with the County where your father lived. You and/or your siblings can also open an estate for your father's estate - asking that you and/or other siblings be appointed the personal representatives of the estate. The Trust involves similar issues but the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Renting Landlord Filed Chapter 7 Bankruptcy house will be going to short sale should I pay rent

    Answered about 2 years ago.

    1. Michael Austin Hackard
    2. Mikalah Liviakis
    2 lawyer answers

    A Chapter 7 bankruptcy debtor surrenders his or her non-exempt property to a bankruptcy trustee. It is the bankruptcy trustee who then controls the property and to whom you would pay rent. If the trustee says that you don't have to pay rent then you don't have to pay rent - he is the new landlord.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Could a collection agency place a lien in a property I'm planning to buy now as my primary home if I have a heloc debt?

    Answered over 2 years ago.

    1. Michael Austin Hackard
    1 lawyer answer

    First I'll summarize what I think is your factual status and your question. First Property: Foreclosed in 2008. Heloc on property was foreclosed out. Heloc is a written contractual obligation. The statute of limitations on a written obligation is 4 years from the date of breach. It appears that you are beyond the 4 years (assuming that you did not make any payments in the 4 years time). The Heloc debt on the First Property is likely barred by a statute of limitations defense. Second Property:...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is POA still effective after death ?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Graham Barton McDougal
    3. Robert Paul Bergman
    4. John Noah Kitta
    4 lawyer answers

    Your power of attorney from your father ended when your father, the principal, passed away. At that point the personal representative of your father's estate takes over (that might be you). Your father's estate is distributed pursuant to his will, trust or California's intestacy laws if he does not have a will or trust. You may want to engage Probate Counsel to assist you in the affidavits that the bank will likely require.

    3 lawyers agreed with this answer

  9. Noise and use issues for commercial and residential tenants in same building.

    Answered about 2 years ago.

    1. Michael Austin Hackard
    2. Nicholas Basil Spirtos
    2 lawyer answers

    You should seek local counsel who can help draft a lease that identifies the issues that you have raised (in a clear disclaimer) and requires a specific waiver on the part of the tenant to the condition identified. There are some matters that cannot be effectively waived. Counsel can help identify this for you.

    3 lawyers agreed with this answer

  10. How do I keep someone from using my business name after I sold my business to him? The business name has my surname in it.

    Answered about 2 years ago.

    1. Michael Austin Hackard
    2. Jacques Tushinsky-Fox
    3. Gary Stephen Brown
    3 lawyer answers

    You must look at the written terms of your sales agreement to see if the issue is addressed. If there is a specific contractual provision that the name would only be used for one year and the buyer is continuing to use the name, you should make demand on the buyer to stop the use. You could negotiate an extension of use for additional consideration.

    3 lawyers agreed with this answer