Questions answered by David Julian Smith

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I received a letter from my credit card co (a bank) for late payments stating they can take my car or house - is that legal ?

David's answer | Answered on July 29, 2014

The credit company would have to get a judgment against you for the unpaid balance before they could execute on that judgment by going after...

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My name is [info withheld] ,Mom passed on 3/2014 on her house deed was her name & 6 children. How do we get the deed?

David's answer | Answered on July 29, 2014

I would go to the county recorder's office (might have online access) and get a copy of the deed. See how title is held (does everyone have an...

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Lease converting to month-to-month with a 30 day notice

David's answer | Answered on July 29, 2014

the 30 days notice given on March 14 would take you into the middle of April and the periodic rental date would be the 1st of the month. ...

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All my assets of any value are assigned beneficiaries. Will my estate still require probate?

David's answer | Answered on July 29, 2014

I agree with the prior two answers. However, the one caveat, I would check the deed to the house. Does New Mexico recognize survivorship deeds?...

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I'm confused November 2001 a fitness center got judgement for over $800. It was garnish my job which was over amount , now 2014

David's answer | Answered on July 29, 2014

When the fitness center obtained a judgment there was probably an interest rate applied to the judgment. When did the garnishment begin? If just...

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My father died with no will and after about a year my mother died does his children have the right to my mom and father home

David's answer | Answered on July 29, 2014

The previous two answers address a very important question: how is the real property titled? If your dad was the sole owner the law of descent and...

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My Father died in Franklin Co.Ohio.My Stepmother tells me that there was no will.I dn't beleie her.How can I find out if he did.

David's answer | Answered on July 29, 2014

I agree with the other two answers. I would first check with the Probate court for the county where your father passed away. You can put your...

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House is in a trust who owns the house the trustie or the person that put the house in the trust

David's answer | Answered on July 29, 2014

Was the deed to the house transferred into the name of the Trust? Sometimes a trust is created and property is never transferred correctly into...

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Trying to close Bank account after "Small Estate: Probate signed off by the court. Bank is requesting documents, can we provide?

David's answer | Answered on July 29, 2014

The personnel representative would be the executor/administrator that is appointed by the Probate Court. It is typical for banks to request this...

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How do I get a copy of an affidavit used to deed property?

David's answer | Answered on July 29, 2014

You should be able to contact your county recorder's office to obtain a copy of the deed. If an affidavit was used to transfer the property there...

David Julian Smith's Answers (159)

I received a letter from my credit card co (a bank) for late payments stating they can take my car or house - is that legal ?

My name is [info withheld] ,Mom passed on 3/2014 on her house deed was her name & 6 children. How do we get the deed?

Lease converting to month-to-month with a 30 day notice

All my assets of any value are assigned beneficiaries. Will my estate still require probate?

I'm confused November 2001 a fitness center got judgement for over $800. It was garnish my job which was over amount , now 2014

My father died with no will and after about a year my mother died does his children have the right to my mom and father home

My Father died in Franklin Co.Ohio.My Stepmother tells me that there was no will.I dn't beleie her.How can I find out if he did.

House is in a trust who owns the house the trustie or the person that put the house in the trust

Trying to close Bank account after "Small Estate: Probate signed off by the court. Bank is requesting documents, can we provide?

How do I get a copy of an affidavit used to deed property?