Michael Austin Hackard’s Answers

Michael Austin Hackard

Mather Wrongful Death Attorney.

Contributor Level 10
  1. Is there a release of liability document that a renter could sign so they cant sue the owners & their business on the same land?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    1 lawyer answer

    You should see a lawyer familiar with both estate planning and real estate issues. You have a number of issues which need to be explored further.

    1 lawyer agreed with this answer

  2. I want to evict my son from my house in sweet home oregon.

    Answered over 1 year ago.

    1. Michael Austin Hackard
    1 lawyer answer

    You should seek local counsel in Oregon as each state has particular rules as to unlawful detainers and the eviction process.

    1 lawyer agreed with this answer

  3. Rebalancing a trust portfolio

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Kelly Scott Davis
    2 lawyer answers

    This is a difficult question to answer without understanding more. Often times there are sub-trusts within a trust and the sub-trusts can have different accounting. Again, more information is needed.

    1 lawyer agreed with this answer

  4. Information: Local non-profit, Bank employee on non-profit board, Bank employee set up line of credit for non-profit,

    Answered almost 2 years ago.

    1. Michael Austin Hackard
    1 lawyer answer

    This is a good question. To answer it you should seek local counsel. Your lawyer will have to look at the terms of the loan to the non profit entity, whether there was any security for the loan and whether any other entitities or persons guaranteed the loan. Again, you should seek local counsel. Thank you.

    1 lawyer agreed with this answer

  5. Account now is holding my funds after I sent the verificstion they rrquired

    Answered almost 2 years ago.

    1. Michael Austin Hackard
    2. Michael Raymond Daymude
    3. Paula Brown Sinclair
    3 lawyer answers

    Question is indecipherable. What account? What verification?

    1 lawyer agreed with this answer

  6. After short sale can buy s.family house , cash , would that cause problem! Right after short sale??

    Answered almost 2 years ago.

    1. Michael Austin Hackard
    2. Eric Jerome Gold
    2 lawyer answers

    This question is indecipherable. Are you referring to the purchaser of a short sale property that was related to the owner? If this is the question there are generally affidavits required by the lender to the seller and the buyer that provide representations that they are unrelated.

    1 lawyer agreed with this answer

  7. Is this credit fraud?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Charles Richard Perry
    3. Michael Austin Hackard
    4. James P. Frederick
    4 lawyer answers

    Fraud can have many legal variations. In general fraud consists in the unlawful taking of property belonging to another through a deception. There are likely provisions in the credit card agreement that provide that the card is cancelled upon the death of the holder. Beyond that the alleged use of the card by the beneficiary would be a wrongful use. The beneficiary is not the holder of the card, the credit extended by the lender was to the holder of the card, and the use of a decedent's card by...

    1 lawyer agreed with this answer

  8. What form do I need to file an exparte probate,

    Answered about 2 years ago.

    1. Michael Austin Hackard
    1 lawyer answer

    There are not enought facts here to answer your question. The issues at a minimum include: (1) Are you a court appointed administrator? (2) Have there been any distributions to the beneficiaries of the estate? (3) What type of property is in probate? (4) Who are the owners of the property listed? (5) What type of bankruptcy was filed? (The court appointed trustee in the bankruptcy succeeds to ownership rights). These are just a few of the questions that need to be asked. You should see a...

    1 lawyer agreed with this answer

  9. Can I withhold paying rent when there is a Notice of Trustee's Sale scheduled for later in the month?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Kevin Samuel Sullivan
    3. James Louis Miller
    4. Michael Austin Hackard
    4 lawyer answers

    You asked whether you can refrain from paying the owner the entire month's rent. You can refrain but the refrain probably constitutes a breach of contract under the lease. You have contracted to pay monthly rent. That said (and in a far more sophisticated legal sense) you could argue just as you have - that your landlord has created an anticipatory breach of the contract because it looks as though you may lose possession of the premises. As one other counsel noted - just because there is a...

    1 lawyer agreed with this answer

  10. 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.

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. James D. Kiley
    3. Rudolf J. Karvay
    4. Mark Daniel Hannan
    5. Michael Austin Hackard
    6. ···
    6 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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