Michael Austin Hackard’s Answers

Michael Austin Hackard

Mather Wrongful Death Attorney.

Contributor Level 10
  1. Home ownership and risk of my wife's home via litigation if judgement goes against me.

    Answered over 1 year ago.

    1. Brandy Ann Peeples
    2. Michael Austin Hackard
    3. Jeffrey B. Peltz
    4. William G Blair
    4 lawyer answers

    If in fact the home is your wife's separate property a judgment against you would not affect her separate property interest. This assumes that your wife is not part of the litigation. This does not address if you have a recognizable interest in the property because of actions and payments aside from the 25 year old written agreement.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Adding spouse to deed, Los Angeles Co. ,CA.: I was told that it is a gift when adding spouse to title.

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Bruce Givner
    2 lawyer answers

    Gift tax does not apply to interspousal transfers (unless one spouse is not a U.S. citizen). There is not limit as to the amount of assets that can be transferred between husbands and wives. You should seek local counsel.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. In a living trust, if I add or remove funds from accounts do I need to change the Trust?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Shawn J. Roberts
    3. Eric Jerome Gold
    3 lawyer answers

    Assuming that the terms of your living trust are fairly standard, most living trusts allow for the addition and subtraction of funds from the trust without changing the terms of the trust.

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  4. Commercial Property

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Shazad Z Omar
    3. Melissa D. Lenhard
    3 lawyer answers

    You have to look at the terms of the lease to see whether a fixture like a garbage disposal is the responsibility of the landlord or tenant. Similar fixtures would include such items as water heaters, air conditioners, heaters and lighting.

    2 lawyers agreed with this answer

  5. A APPOINTED CONSERVATOR OF THE PERSON FOR SEVEN TO EIGHT YEARS -IS NOT A DIGNIFIED CONSERVATOR -ALL ALONG THEY PRESENTED THIS

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Bruce Givner
    3. Daniel Mcgraw Little
    3 lawyer answers

    California law provides that a Private Professional Conservator (A person not related by blood or marriage or an entity appointed as conservator of two or more conservatees) must be licensed by the State Board of Licensing, effective July 1, 2008. (Prob. Code §2340, et seq.) I assume that the conservator appointed in the case that you reference was a Professional Conservator and was licensed. In addition California law provides for Surety Bonds protect the estate of the conservatee from...

    2 lawyers agreed with this answer

  6. Can I get arrested and punished for breaking my husband's car windows?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    1 lawyer answer

    California Penal Code 594 defines California's Vandalism Law. The elements of the crime include in part (1) that you damaged or destroyed another person's property; (2) that you did so maliciously; and (3) that the amount of the defacement, damage or destruction was either (a) less than $400 in a misdemeanor prosecution, or (b) $400 or more in a felony prosecution. Another person's property includes property jointly owned with another person. Given this element a husband or wife can be...

    2 lawyers agreed with this answer

  7. How to Legally Buyout Brother Beneficiaries for Home In California Trust

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Mary Lynn Symons
    3. Eric Jerome Gold
    3 lawyer answers

    My first point of advice is that you should seek local counsel who has experience in estates and trusts. A Probate Code Section 16502 Notice and Consent should allow a distribution in accord with the beneficiaries' wishes if all beneficiaries consent. Probate Code 16501(d) lists certain actions for which the notice may not be used. As to tax effects, I assume that the assets at issue have a stepped up basis. Your counsel will need to look at this. Experienced trusts and estates counsel will be...

    2 lawyers agreed with this answer

  8. Mom passed away this week. There is a reverse mortgage and liens on the property. (IRS and credit card collections.) What next?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Harald Westendorf
    3. Daniel Mcgraw Little
    3 lawyer answers

    You will want to determine if your Mom died testate (with a will) or intestate (without a will). Household decor would generally be personal property and not a part of the real estate mortgage. In other words the bank that holds the mortgage would not have a security interest right to the personal property. You may want to consider a short sale of the property versus a foreclosure. A short sale would generally allow a moving allowance of the property (subject to the lender's consent). There are...

    2 lawyers agreed with this answer

  9. Can things that are posted on "Facebook" be entered as exhibits in a Court Petition?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Daniel Mcgraw Little
    2 lawyer answers

    It would be the rare lawyer that could give you a realistic answer in predicting your "chances" of getting your 6 year old niece. Your chances, whatever they are, are improved when there is great preparation prior to the hearing. Preparation does not insure success but it increases the probability of success. I strongly suggest that you engage local counsel experienced in guardianship law (if you have not already done so).

    2 lawyers agreed with this answer

  10. How do I get guardianship on my 16 year old brother?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Daniel Mcgraw Little
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You need to speak with an attorney in the area of Wisconsin where your mother has moved your brother. Many county bars have some type of legal advice program that can initially screen your question and direct you to attorney volunteers (who sometimes accept a reduced fee).

    2 lawyers agreed with this answer

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