Rachel Lea Hunter’s Answers

Rachel Lea Hunter

Contributor Level 14
  1. I need two simple wills. Can I use legalzoom.com?

    Answered almost 2 years ago.

    1. Rachel Lea Hunter
    2. Diane Beth Weinberg
    3. Robert A. Stumpf
    4. Steven J. Fromm
    5. Duncan Hamilton Adams
    6. ···
    10 lawyer answers

    There is really no such thing as a "simple" will. Today, people have prior marriages/divorces and blended families or they want to disinherit someone. Or there may be other circumstances which take it out of the realm of a "simple" will. If there is anything unusual in your situation at all, then its not a simple will. And you would only know after consulting with an attorney, not relying on your own assessment. Regarding Legal Zoom, there was an article in a recent issue of Consumer...

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  2. If you are in an estate battle where there are two WILLS on written in 2011 and the other Written in 2010 and you want you are

    Answered almost 2 years ago.

    1. Rachel Lea Hunter
    2. Chad L. Edwards
    3. James P. Frederick
    4. John-Paul Patrick Gilson
    4 lawyer answers

    This is not a question for this site. This is a question that should be raised by hiring a probate litigation lawyer to represent you in a will caveat that has been filed. Getting a 2011 will set aside does not automatically revive the 2010 will. There are certain circumstances where it can be revived, but I don't know where the estate is probated or what the law in that jurisdiction is. More likely is that if the 2011 will is tossed out as being invalid, then the children of the deceased...

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  3. Can a debt collector sue me over a debt that was written off.

    Answered over 1 year ago.

    1. Rachel Lea Hunter
    2. Alfred M. Abel
    3. Gregory Thomas Artim
    4. Gary D. Bollinger
    5. Dorothy G Bunce
    5 lawyer answers

    I would agree with Attorney Bunce - a chargeoff is not the same thing as cancellation of the debt. If your credit report just indicates that the debt has charged off, I would agree with my colleagues that it does not mean that you do not owe the debt any more. Charge off is just an accounting term for the credit card companies - they move the account from the good accounts receivable to the bad debt side of their ledger. You still owe the debt. How long has it been since you last made...

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  4. Is my car protected from a debt collectors civil judgment in Pennsylvania?

    Answered over 1 year ago.

    1. Rachel Lea Hunter
    2. Brian Edward Sipe
    3. Gregory Thomas Artim
    4. Alfred M. Abel
    4 lawyer answers

    Federal bankruptcy exemptions do not apply to state court judgments in PA. There are no exemptions for a car for a state court judgment. The only exemptions to a PA state court judgment are: a Bible, clothes/uniforms and a sewing machine. You also can keep up to $300 in any one bank account. Things like Social Security, unemployment compensation, worker's compensation, pensions/retirement, insurance or IRAs are also exempt. The ability of a creditor take your car does not mean that a...

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  5. My 96 yo often confused grandfather sold $50k land for $6k to a "friend" . He didn't understand and wants to rescind the sale?

    Answered 7 months ago.

    1. Rachel Lea Hunter
    2. Jonathan Paul Ward
    3. Larry J. Ford
    3 lawyer answers

    I don;' know when this happened but your grandfather needs to see a real estate litigation lawyer to sue the friend to either rescind the transaction or seek to put a constructive trust on the land to prevent the buyer from disposing of this. A lawyer could also file a lis pendens once the lawsuit is filed. Your grandfather needs a litigation attorney who practices in the county where the land is located.

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  6. Can my parents' land be simply signed over to me if they are both in nursing homes, so the state of NC won't sell it for bills?

    Answered 9 months ago.

    1. Rachel Lea Hunter
    2. Eva Ruth Clement
    2 lawyer answers

    If your parents are in a nursing home NOW then how are they paying for it? If they are getting Medicaid or will be getting Medicaid in the next 5 years, then they cannot just simply sign over the land to you as it will render your parents ineligible for Medicaid. They can sell the land which is why it was probably suggested. If you buy the 1% from them for the past due taxes, the taxes get paid, you get the 1% of the land and your parents can stay on Medicaid. Everybody wins. If the land...

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  7. My fiancee passed just recently, would be considered common law?

    Answered 10 months ago.

    1. Rachel Lea Hunter
    2. Michael Bruce Greenstein
    2 lawyer answers

    There is no common law marriage in PA any more. The law changed around 2005. Since you together prior to this date, the question is whether a valid common law marriage occurred before the law changed. Living together is not enough. You need actions - holding yourself out as a married couple and words in the present tense expressing intent and consent to be married. This is trickier than it sounds and is very fact-specific. Your "fiance" should have made a will. Rather than rely on...

    7 lawyers agreed with this answer

  8. My brother died having a living will with me and my brothers listed in the will.His wife will not give us a copy of the will.

    Answered 11 months ago.

    1. Rachel Lea Hunter
    2. Jacques H. Geisenberger Jr.
    3. Steven M Zelinger
    4. Christian K. Lassen II
    4 lawyer answers

    A living will is not a will at all.l It is called in some places, an "advance directive" and that term is more accurate. A living will or advance directive is a document that spells out for your doctor whether you would wish to be kept alive by being on a machine or being given food and water if you have one of these conditions: (1) terminal illness/incurable disease; (2) alzheimer's or senile dementia; or (3) are in a permanent vegetative state (coma - think Terry Schiavo) and you are...

    7 lawyers agreed with this answer

  9. My father died intestate 15 years ago in NC; my stepmother got everything. May I sue his estate now to obtain what's mine?

    Answered over 1 year ago.

    1. Rachel Lea Hunter
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    You do not indicate why you did not do anything 15 years ago, but adoption usually cuts off all rights of inheritance. So there was no reason for the stepmother to inform you of anything because legally your father did not have a child. You mention your brother. Was he adopted too?? If so when? Why were you adopted? How old were you? When did you turn 18? You also do not indicate what probate assets your father had. Not all assets are probate assets. And how were these titled?...

    7 lawyers agreed with this answer

  10. Can a collection agency charge a monthly/yearly interest on private student loans that have been charged off?

    Answered about 2 years ago.

    1. Rachel Lea Hunter
    2. James Michael Slominski
    3. Eric Charles Lewis
    3 lawyer answers

    People do not understand what charge-off means. It does not mean that you do not owe the debt. Nor does it mean that interest will stop accruing. Charge-off is just an accounting term - the debt moves from the good debt to the bad debt side of the creditor's accounts receivable and allows the creditor to write the debt off on its taxes. To know whether interest can keep accruing, read the terms of your promissory note. Some creditors will stop interest when a debt goes into default, but...

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