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J. Richard Mc Entee Jr.

J. Mc Entee’s Answers

38 total

  • How do handle a runaway executor?

    My Dad died four years ago. There was probate proceedings and we (4 children in all) named my sister as personal rep. We used my sisters will, even though her will was older than another I have in my possession. We did this because we were all in...

    J.’s Answer

    Did you post this question yesterday? It seems very similar to one that was posted yesterday. You may want to check the postings from yesterday as they seem to answer the question quite well. Below is a link to that posting and the answers.

    http://www.avvo.com/legal-answers/4-siblings-1-is-the-pointed-executor---with-the-ve-1520634.html#answer_3253299

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  • 4 siblings 1 is the pointed executor , with the verbal agreement equal shares to all, with a vague written agreement

    The death was 4 years ago. The house sold about 2 weeks ago. No money was given out and doesn't look like she will give our portion out.

    J.’s Answer

    You have not provided enough details to assist you. Was a will in existence? If so, what did the will provide? If no will, then the WA intestacy statute should control the situation and distributions. In that case, all of the children of the deceased will be treated equally.

    You indicate that an executor exists. As such, I presume that a probate was started and the Superior Court had some involvement. As a presumptive heir, if you cannot get a satisfactory explanation from the executor, you can ask the court to intervene and review the situation.

    No matter what you do, I would not delay. If the executor is spending money that is properly yours, you may never see it again even with court involvement.

    You would probably be wise to get an attorney involved on behalf of the three siblings. It should not be a significant financial burden and if wrongdoing is found, the court might impose your fees and costs upon the executor and his/her share.

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  • The power company wants a permit to cut trees on our property. How much is this permit worth? They offered $500 but it seems low

    There is a microwave beam path across our property and they want to be able to cut trees as necessary to eliminate interference. They will also pay us for any trees cut down. Is $500 too low? What would be a good counter offer?

    J.’s Answer

    I agree with the first answer. It will be worth determining if the company already has an easement. If the easement already exists, your negotiating power will be diminished. In discussing this with the power company.

    You might first ask if they will pay a reasonable cost to have an attorney represent you. (This would not be totally unheard of.) You need to be aware that you could be entering into an agreement that will impact your property well into the future and risks significantly impacting its value. You should hire an attorney so that you fully understand what you are selling/giving up and to work with the agreement/permit so that it protects your interest.

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  • Statute of Limitations on quit deed signed under duress?

    Signed home over to dad to avoid losing it due to unpaid child support. He took out 3 loans on the home and now it's in foreclosure. I owned the home outright when I signed it over to him- He LIED TO ME to get me to do it. I never saw a penny o...

    J.’s Answer

    It is hard to say what kind of recourse you may have. I suspect that it will be difficult to stop the foreclosure. Your best course of action is against your father. I suspect that the lenders made the loans in the good faith believe that they would be paid and that your father owned the home. To go to court and challenge otherwise would be tough. I say this because there will not be too many judges who will be sympathetic to your situation. Based upon your statements, you committed fraud to avoid court ordered support. If you have not yet paid the support obligation, then you probably in a real tough place. You should speak with an attorney to see what are your options as to your father and this situation. Good luck.

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  • If my old mortgage company ABN Amro received a bail out then sold my mortgage to Citi mortgage, who also received a Federal Bail

    Out. Do I still owe money on my mortgage?

    J.’s Answer

    As long as you have not received notice otherwise, then you will have to continue to pay on the note that you signed. Obviously, there are options for refinancing, but when mortgages/loans are sold from one bank to another, the purchasing bank is paying for the mortgage/loan based upon the expectation that the borrower will continue to pay. Often they will pay less for the loan because there is a concern that the borrower will default. Nonetheless, the expectation is that you will continue to pay. The bailouts were made to assist the banks keep solvent because many homeowners could not or chose not to repay their loans. The bailouts were for the banks benefit, not the borrowers.

    All that aside, your situation could be such that you could obtain some type of relief from the lender or some other programs. It might be worth checking with a reputable mortgage broker.

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  • In the 1990s, my mother put some property in my siblings and my name. She has been paying taxes on the properties.

    The property is in Illinois, and part of the time she has rented it. She paid the income taxes on them also. Now the city wants to buy it for the fire department next door. My sister refuses to sign any papers because she claims that my mother,...

    J.’s Answer

    There are a few issues related to this but none that cannot be sorted out. I think that you will need to speak with a tax and or real estate attorney in Illinois. If the property was deeded outright to you and your siblings, then it could be argued that you were the landlord and income from the rental could be imputed to you. Thus, tax liability could be at your individual tax brackets. The fact that your mother paid taxes speaks to the understanding that you may or may not have had with your mother. Was she still a partner or owner of the property? If that is the case, then by agreement, the partners could reasonably agreed to pay the income to your mother and it would be taxable to her.

    Take your time and sort through this with an attorney.

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  • Wife owns house. Put my name on it for 130K mortgage, divorced me after taking all the money out of bank, left me w/ mortgage.

    My wife owned a hous outright from previous marrriage. After her being caught taking 30K+ from mothers estate, talked me into putting my name on house, took out 130K mortgage with only my name on it, 40K to payback her mom. 4 sisters fighting over...

    J.’s Answer

    You have not presented a question. What kind of advice are you looking for? My initial thought, however, is that if your name is on title, then you own the house. You are getting divorced. You should hire a family law attorney to present your issues to the judge for determination.

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  • In the summer of 2011 a customer (on account) refused to pay his bill (approx 20K). Can I legally repossess his truck?

    We are a topsoil manufacturer. After racking up a huge bill the owner stated he did not approve the purchase and was not going to pay the bill. Now he is using our sister company. Can I legally take possession of his dump truck pending payment?

    J.’s Answer

    I agree with the my fellow attorneys in what they have said related to a security interest and your ability to repossess the truck. However, I would go further to clarify. If you are able to obtain a judgement, then you can use the judicial system to execute on his truck or other assets that he has. Through this process, you can obtain orders/writs directing the local sheriff to take the property and sell it to satisfy the judgement. I hope that this makes sense. Most collection attorneys could help with this process. Depending upon the facts, you might be able to find a few attorneys who would take the matter on a contingency basis.

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  • Went into a business with a friend. invested about 500.00 it didn't work out and now he refuses to return my investment

    I went into a small business with "a friend" and it turns out we cant work together. there was a 60/40 split contract on paper but was never sinned. I've invested about 500.00 cash and lot of hours of my time into this small company and now he ref...

    J.’s Answer

    Interesting question. What is the status of the business? Is it a partnership, corporation, LLC? Is it ongoing? From your question, I assume that you are an owner and that the money you invested was not a loan but essentially a purchase of ownership or a capital contribution. If it was a loan, then it could be that the business should repay the loan.

    Did you have an agreement, written or oral as to what would happen if one of you were to leave the business? Is one required to buy out the other? I see that you mention a split contract. I suspect that this dealt with the profits of the business and maybe the contributions and ownership percentage. Did you ever come to an agreement related to return of contributions? The answers to this are important.

    The way it appears to stand is that you are an owner of either 60 or 40% of a business. Maybe something different altogether. You now want to sell your share to the other owner. If he doesn't want to buy your ownership interest, you may have difficulty forcing him to do so unless you had/have an agreement in place. If your share of the business is worth more than 500, he should be happy to buy your interest. My guess is that it isn't worth the money that you have into the business and you will have a hard time forcing repayment.

    If there is value in the assets, you can take steps to dissolve the business, sell the assets and take your share of the proceeds. Maybe the threat of dissolution will get your friend to give you some money back.

    There may be other solutions for you. My colleagues at AVVO will probably chime in with their opinions.

    Good luck.

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  • Do I need a real estate attorney?

    We've lived in our house for 20 years with a vacant lot next door. There has been a fence on what we thought was the boundary since we bought the house. New owner of the land next door came in and provided a survey which claims land inside our fen...

    J.’s Answer

    Assuming that the survey is correct (they are not always so) it appears that you have a strong case here. The other answers are correct in what they say.

    It is also worth noting that in an action to quiet title to the disputed property, the prevailing party now may recover attorney fees and costs. i.e. if you perform a survey and it appears that you have been using/maintaining the property in question, you could remind your neighbor that if you prevail in an adverse possession suit, he will likely have to pay your attorney fees and the cost (survey, etc) of the suit. The statute is relatively new. It is RCW 7.28.083. Granted if you do not prevail in the suit, you may be responsible for his fees under the same statute. My point being, that if your case is as strong as it appears, then it might make sense to alert the neighbor that you will not back down and see what he says. He may ultimately take the steps to have the land titled in your name.

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