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Michael Austin Hackard

Michael Hackard’s Answers

85 total


  • Negotiating with Law Firm after repossession , sell , and Judgment in Court

    My vehicle was repossessed in 2008 , Voluntarily done after talking to Ford Rep . The vehicle sold at auction and a balance of $ 8500 was remaining , I could not afford to pay the balance and a judgment was placed on me , Due to financial har...

    Michael’s Answer

    Given what you have described as your financial condition you should see an attorney who does Chapter13 and Chapter 7 bankruptcies for advice. See someone in your local area. County bar associations often have referral services that can assist you. It sounds like you are being bullied.

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  • Our grandma passed 4/12/10, and the executor continues to stall in closing the estate. What can we do? We are not in NY.

    A partial distribution was made to us in 2011, supposedly 50 percent, but the executor is stalling the closing & we don't know why. He has told us that her final 3-5 years of income taxes still need to be filed. For 2 years, he's said that he's "m...

    Michael’s Answer

    In the simplest terms you need to hire New York counsel who is familiar with estate and trust matters. If there are multiple beneficiaries involved you could share counsel assuming that there is no conflict or all agree to join in the waiver of any conflict.

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  • I have a friend living in UK ,letter of authority made me beneficiary of her late husband assets.Is this legal

    and if so can i contact his solicitor and request all legal documents

    Michael’s Answer

    I have done enought international work to know that you need to seek the assistance of counsel in the jurisdiction of the estate. Assuming that the counsel for the estate is trustworthy (usually a safe assumption) you can ask him or her for the status of your interest as well as a referall to counsel (two or three names) that might be able to represent you.

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  • I am interested in renting a 6 Bdrm home in Vista CA either for an Residential Care Facility for the Elderly or a Sober Living

    1 ) Landlord want to keep right half of 2 car garage for personal use , leave large sailboat on property and work on it and left half of garage for storage of previous tenant's property until October . This causes me to rent 2 storage units for...

    Michael’s Answer

    This question truly has too many elements to reasonably answer. That said a few legal issues can be addressed. A landlord does not have to rent you his property and you do not have to rent it. He doesn't need to be a landlord and you don't need to be a tenant. The residential landlord tenant contract can be negotiated. I am guessing (only guessing) that your reference to "RIFE" is a reference to a residential care facility. If you do not have such a license it is evident that you should be pursuing one. My recommendation - see a lawyer knowledgeable (or willing to become knowledgeable) in residential care licensing.

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  • In settling an estate can the courts force co-trustees to close the trust as partners in real estate ownership?

    My brother and I are trying to divide my parent's estate. I do not share his goals or trust him based on his past business activities. I have suggested we sell the property and divide the proceeds, or that he give me more stock and cash, and tha...

    Michael’s Answer

    • Selected as best answer

    The probate court will not force a partnership on you. That said you need to be well represented. Your situation is not uncommon. You should be able to "equalize" the division. You and your brother should consider a short mediation with a qualified mediator. It would save both of you time and money and you each can still be represented by counsel of yur choice.

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

    He transfer the above amount for me to take care of my mother while he was in the nursing rehab center . He did so with several witness and via the phone with his bank . He condition has worsen since this happened . The court has awarded co - ...

    Michael’s Answer

    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.

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  • Who is the owner in this case ? And just exactly what bearing " possession is 90s of the law " mean ?

    A dog owner relinquishes her pet to another party. She consents to have the medical records transferred into the name of the receiving party. The dog has a license but it is not sure if the license is current. Legally, who is the owner?

    Michael’s Answer

    California law treats pets as personal property. We must look to the law of gifts.
    A gift is a voluntary, immediate transfer of property without consideration from one person (the donor) to another person (the donee).
    Three required elements are necessary to have an effective Inter Vivos Gift (a gift made while living) .
    These three requirements for a valid gift inter vivos include intent, delivery, and acceptance. The donor must intend to make an immediate transfer (not later transfer) of ownership to the donee.
    Delivery can be made in three ways. The first is the physical transfer of possession of the item to the donee. Constructive delivery occurs when the donor physically transfers to the donee the means of obtaining access to and control over the object, most commonly by handing over a key. Finally, symbolic delivery—physically transferring to the donee an object that represents or symbolizes the object—is permitted in many jurisdictions if manual delivery is difficult.
    Finally, the donee must accept the gift.
    You should consider these elements in deciding if you made an effective gift. You clearly had some intent - Was it to gift the dog at time of transfer or later. You delivered the dog and it appears that the delivery of the dog was accepted.
    i hope that these guidelines assist you.

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  • If I'm filing an action for partition, do I need to name the mortgage lender as a defendant?

    There is a joint tenancy and only I am listed on the mortgage.

    Michael’s Answer

    In California all persons or entities having an interest in the real property should be joined in the lawsuit. This does include lenders who have mortgages or deeds of trust against the property. Lenders will generally stay out of an active part in the litigation if there is a stipulation that the payments on the property continue to be made current. The judicial process allows for the appointment of a referee who will act as an officer of the court. You should seek local counsel to assist you.

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  • Can someone explain this to me ,it is from a revocable living trust " Upon death of surviving Settler , the residence or home of

    Can someone explain this to me , it is from a revocable living trust " Upon death of surviving Settler , the residence or home of Irvine, CA the surviving Settler may at the discretion of the trustee be retained in the trust estate for use by ...

    Michael’s Answer

    I first note that wthout reading the entire trust any explanation will be somewhat speculative. With that caveat in mind and assuming as you've said that your brother is both a trustee and beneficiary the following considerations are in order.
    The trustee has the duty to collect and protect trust property. The trustee has the duty of undivided loyalty to trust beneficiaries. He is to to treat all beneficiaries impartially. These duties can be modified by the trust instrument itself. The Trustee appears to be favoring his own interests over those of the other beneficiaries. There are a number of other duties that the trustee's actions might violate. Again, there is too little information here. You should seek local counsel. California law provides various remedies for a trustee's breach of his/her fiduciary obligations. Local counsel knowledgeable in trust law can fully explore this with you.

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

    Contacted the trustee of the case and he stated he would not be collecting rent on behalf of the lender since the house will be going to a short sale, landlord has been saying we still owe him rent since it is his house, but my understanding is th...

    Michael’s Answer

    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.

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