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Richard Albert Luthmann
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Richard Luthmann’s Answers

492 total


  • Hi! I found i big security loop in Google

    Hi! I found i big security loop in Google , and i have contacted Google . This loop can cause milions of dolars in damage and now i want some cash for it because i found it . But in order to find it i had to use that loop 1 time .Can i make a deal...

    Richard’s Answer

    You must avoid the crime of extortion on your dealings. Your best bet would be to contact a lawyer immediately to discuss the issue and devise a plan.

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  • Do i need a real estate attorney and can I sue?

    I purchased a home in 2006 through Bank of America. I declared ch. 7 bankruptcy in 2007 and included the home in bankruptcy. Since then, BOA sold the mortgage debt to Ocwen Loans and I've tryed to clear my name from the deed via deed in lieu. How...

    Richard’s Answer

    Make sure to hire a lawyer and have that lawyer send a Fair Debt Collections Practices Act notice to the debt collector. You can sue under that statute. Also, check your title insurance to see if you have coverage for this item. If you do, the title company is responsible for defending you and clearing the cloud on title.

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  • As Durable POA for my mentally incapacitated Aunt are we legally allowed to request a copy of Will from Attorney?

    We have already asked attorney and she said only my Aunt can request that. But she has severe dementia and is in Nursing Home and we have power of attorney.

    Richard’s Answer

    If you have a valid power of attorney and the principal is incapacitated, you have a right to review all documents. Depending on the circumstances, you may need to petition the court for rights under Article 81 guardianship is there is no valid Health Care Proxy and/or other documents that would give power to act over the person. But with the POA, you definitely have the power to act over her property and as a fiduciary, you should review the estate planning. Your next step is hiring a lawyer to make a formal demand upon your Aunt's lawyer.

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  • Judgement on Credit Report

    How can I get it remove it by having the court vacate the judgement?

    Richard’s Answer

    There must be a basis to vacate the judgment. Was it a default judgment and were you not properly served? Even so, after a certain amount of time, you will be unable to remove the judgment.

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  • I am looking to find out how to value a life estate for Medicaid purposes when there are two life estate tenants.

    I am using IRS table r-2 but the value seems high. Can someone point me in the right direction and maybe give an example of a calculation?

    Richard’s Answer

    If you are talking about the value of a joint life estate of two spouses, you should use the multiple value for the younger spouse.

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  • How long does a judgement stay on a credit report?

    My landlord is siding me for back rent. Its 16k and I will not have the money to pay it. Is it then placed on my credit report and if so, how long?

    Richard’s Answer

    Defend the lawsuit. Raise the perceived cost of the litigation for the landlord. Maybe you can work out a deal for less money AND you will at least buy yourself a little time.

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  • Will I get disinherited from trust payment if I request trust accounting or challenge trustee's accounting.

    I am beneficiary to a trust which was made via a will. Will has standard no-contest clause (if beneficiary takes any action against Estate or invalidate any provision of Will, beneficiary is disinherited). The funds have significantly decreased ...

    Richard’s Answer

    You are entitled to an accounting. You should consult with an attorney immediately.

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  • My mother is 87 and $200 over the medicaid limit she needs a home aid. I am her daughter and I am blind. Can I set up a trust

    The trust is meant to be able to allow her to apply for medicaid so we can afford a home health aid. When my mother passes is the state entitled to use the income left in the trust to reimburse medicaid? What happens to the money in the trust?

    Richard’s Answer

    Talk to an elder law attorney right away about a pooled income trust. It is a way to reduce income and qualify for medicaid and it may be a fit for you.

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  • I am a beneficiary of an irrevocable trust governed by NJ. My sister, a childless old woman, is a co-trustee with absolute

    discretion and no mandatory distributions. She wrote me and my children out of her will because she disapproves of my lifestyle (far more frugal than hers). I presume she disapproves because I adopted the religious traditions of our forefathers an...

    Richard’s Answer

    I would speak with an attorney right away. The discretionary standard places the highest burden on a would-be challenge. In order for friction or hostility between the beneficiary and trustee to form the basis for removal, there must be a demonstration that the relationship will interfere materially with the administration of the trust or is likely to do so. There still may be a basis for removal, but the trust would have to be examined.

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  • Do I have to pay taxes on the money my sugar daddy give me?

    I am a sugar baby and I currently live in London (uk). My sugar daddy want to give me 4k per month. Do I have to pay taxes? Or are they considerd a gift? And What is the best way to receive the money?

    Richard’s Answer

    Are you a US Citizen? What is your relationship with "Sugar Daddy"? Are the payments for services rendered or are they gifts based upon affection? There are many potential issues here.

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