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Michael Austin Hackard

Michael Hackard’s Answers

85 total


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

    We were married when we bought the car and part of my money was used to pay for it. I'm not sure if my name is on the pink slip.

    Michael’s 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 convicted of vandalizing his/her property if the damaged or destroyed property belongs to both of them. Whether a local district attorney's office would prosecute you for your actions is wholly within their discretion.

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  • How to Legally Buyout Brother Beneficiaries for Home In California Trust

    CA Trust. 3 Beneficiaries boys; Equal Distribution; retired; 60 Y.O.; A,B,C). B is executor; B is Successor trustee. Life Ins/ annuity accounts outside trust disbursed. Remaining Trust admin Property= Antique cars 1,2,3; Cars appraised, Cars= x;...

    Michael’s Answer

    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 able to assist you on a number of your issues.

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  • I signed a non-competition contact that says I can't work in my field for one year after termination. My company has just merged

    with another company that I do not want to work for. Can I get out of the non-competition because of this. Thanks

    Michael’s Answer

    You need to see a local attorney about this. Different states have different rules about the geographic scope, enforceability and interpretation of non-compete clauses. A business attorney in your geographic area should be able to address your issue.

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  • Law of succession to heir-ship on oil and gas lease

    got a phone call about being an heiress to oil wells in December originally left to my grandfather... however he has been passed for 7 years so it would have gone to my mother but she has been past for 8 years.... my grandpa passed away after my m...

    Michael’s Answer

    You need to see a local attorney. If your rights accrue from your grandfather's estate, you will need to determine if your grandfather died intestate (without a will) or testate (with a will). He may have had a trust - if so you need a copy of the trust to determine your beneficial rights and those of your step-father, if any.

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  • How to split a joint-tenancy brokerage/bank account?

    Hi folks, Me and my fiance have a joint tenancy brokerage account, where we have contributed unequally to it (say 70%-30%). Due to asset protection reasons, we want to split it into 2 separate accounts - 1) The split would be 50%-50%. So th...

    Michael’s Answer

    It is not clear to me whether you want to split ownership of one existing account into a 50/50 tenancy in common ownerships or split the one existing account with 50% going into your own account and 50% going into your fiance's own account. Either scenario should simply be accomplished with your brokerage firm and its own set of forms. To the extent that you are gifting 20% of the account to your fiance there could be a gift tax return requirement. That said in 2013 each person can make lifetime gifts up to $5.25 million without paying gift tax. The lifetime gift tax exclusion only applies to gifts in excess of the annual gift exclusion (i.e., the annual amount a person may gift to any person tax-free). For 2013, the annual gift exclusion (in other words it doesn't go against your lifetime gift allowance) is $14,000 per person (or $28,000 per married couple).

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

    I live in So. Calif. This property is in No. Calif. If after a real estate market analysis we find that the bills cannot be paid with the real estate proceeds, what next? Can we take household decor prior to a foreclosure or is this considered par...

    Michael’s Answer

    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 documents that you could file with the court that would give your rights of disposition pursuant to the Independent Administration of Estates Act.
    I am sorry for the loss of your Mother.

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

    We have filed for Guardianship of Niece. Our first temporary was denied but now it has come to my attention that the new boyfriend my niece's mother is a registered sex offender. And there are in-appropriate photos of my niece and this man. I have...

    Michael’s Answer

    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).

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  • My brother signed a rental agreement with a management-rental company, to lease out my dads house he is not on title? Legal?

    my brother signed a listing rental agreement with a mangement rental company, he has no pow, no authority of any kind, can he get a way with this or was the rental company to check title? I thought only the person on title could sign a contract.???

    Michael’s Answer

    If your brother has no right, title or interest in the property that is being rented the rental company has a contract with someone who is not authorized to contract for the rental.

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

    i'm 22 years old, financially set, and on my own. Our mother is on disabillity, bipolar but does not take her medicine. She does not wear her corrective lenses while driving which is dangerous. there is a huge amount of neglect and emotional abuse...

    Michael’s Answer

    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).

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  • My mother just died. My step father is living in their house. Do I ave a claim through probate even though there was no will?

    There's no will, my dad has a step child, and my mom died this month. Can I secure my rights to the property for when he dies so I have a claim and it all doesn't go to my step sister and leaves me with nothing? If so , how long do I have to act?

    Michael’s Answer

    You need to see a local attorney who practices in estate and trust law. Much of this might depend on how title was held for the real and personal property of your mother.

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