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Jeffrey Charles Rocker

Jeffrey Rocker’s Answers

61 total


  • First, How do I know if the estate is closed? How can I get my brother the help he needs? How can I get my questions answered?

    I have a few problems that I NEED some advice so, My mother passed away 06 of 2013 and my four brothers and sisters all knew that our mother wanted me to be the head of her estate. The Lawyer that I chose to HELP me open and close her estate has n...

    Jeffrey’s Answer

    The county court clerk's office can tell you the status of the case. Also, you can look it up online on www.doxpop.com but will need a credit card to run a search. 2 years is a long time for an estate in Indiana these days. As for your brother's guardianship, there should be an adult protective services prosecutor that can help you find the assistance your brother needs. Here is the area map that shows the contact for each office. That should be "free" to you. http://www.in.gov/fssa/files/APS_Unit_Map.pdf

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  • Why did I have to pay another security deposit to move back into the apartment that caught on fire?

    I moved into an apartment 2 years ago pay security deposit plus first month rent my apartment caught on fire so I had to move into another apartment same complex until they remodel the one that caught on fire

    Jeffrey’s Answer

    I would argue that you should not have to. This is likely a "landlord" policy or, perhaps more likely, an apartment property manager that is simply following a "form" process that they follow for any rental. The law has no such requirement (nor does the law say "you don't have to"), so this is really probably arbitrary. I would push back.

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  • Would I have to reference my married name when I sign the property over?

    I was wondering on my quitclaim deed, I am signing property over to my ex-husband. My name has been changed legally back to my maiden name.

    Jeffrey’s Answer

    Often you can have deed prepared as "Mary Jones f/k/a Mary Smith". The f/k/a stands for "formerly known as" and would be whatever name the deed reflects.

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  • Does a divorcee' have to continue paying half of the mortgage on a home that has been abandoned by his ex-wife?

    My boyfriend of 5 years continues to pay half of the mortgage on his old home where his wife was living with accordance to his divorce decree. She elected to move out of the home and into a new boyfriend's residence a few years ago. The house ha...

    Jeffrey’s Answer

    He needs to proceed in the divorce action to get the judge to address this. The decree is not binding on the bank that holds the mortgage and paying 1/2 will only delay foreclosure for so long. Eventually the bank will proceed against both of them and the decree won't help him in the foreclosure. The proper action is to file a contempt citation in the dissolution and ask the judge to provide direction on disposition of the home, as well as for his ex to contribute to the costs he has incurred.

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  • I want to sign my home and property over to my daughter who is 8 years old. I live in Indiana.

    I am in I'll health and I don't have a will. I want to make sure she gets the home and property.

    Jeffrey’s Answer

    I suggest you make a will. The cost is minimal and you can accomplish your goals and preserve the property by naming a trustee to handle the child's property until she is old enough to competently do so.

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  • My Employer sold her business and did not pay me all of my commissions due. What is my recourse to collect monies due to me.

    The employer has now moved to Florida.

    Jeffrey’s Answer

    File a wage claim with the state of Indiana (Department of Labor, Wage and Hour Division). Let your tax dollars fix this. the answer will depend to an extent on how the sale was effectuated. If the buyer bought the 'entity' the new person may be liable.

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  • Can my landlord send a contractor and proceed to sell the house that im renting from him on a year lease?

    landlord selling house and i have a 1 yr lease with him and he is basically telling us that once he gets a buyer than he we would have to move out.

    Jeffrey’s Answer

    Barring something in the lease to the contrary, he can sell the house. typically the buyer would be required to honor the lease (assuming its in writing and you're not in default)

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  • If I have a $58,000 tractor, and am securing a $20,000 loan, can the entire tractor be taken if I don't pay off the loan on time

    Due to the weather and some other factors, I anticipate being about 6 weeks late in paying off my loan. What is the amount of time I can delay the payment, before they come and get my tractor?

    Jeffrey’s Answer

    It depends on the terms of the written agreement, but often the answer is "yes". They don't necessarily have any time period (again, look at your contract) before they can do so. The best bet is to contact them asap and try to get a WRITTEN agreement to change the terms and, if that can't be done, you might consider selling it back to them so that you may be able to recoup a portion of the equity.

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  • I am looking to obtain guardianship over my 16 year old sister. How would i go about doing so if my parents given me their ok?

    My parents both agreed to let my sister come live with me in another state. I wanted to know in order to get temp. custody or guardianship over here will i need to sign papers with my parents? I would like to be able to get her medical insurance a...

    Jeffrey’s Answer

    You need to get a guardianship on file in the court in the county where you are living (assuming Indiana law). The process will likely require a lawyer as there are certain notice and consent provisions that will need to be met. The process otherwise is very simple and if everyone is agreeable, should be able to get done in a month or so.

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  • I have a Quit Claim Deed that was recorded in Indiana but it is missing the 2 statements "Prepared by" and the SSN statement

    I prepared and recorded a quit claim deed in Indiana but the deed was missing the 2 Indiana statements, "This deed was prepared by " and the statement,"I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Soc...

    Jeffrey’s Answer

    • Selected as best answer

    It would appear to be valid (assuming all the other deed requirements are in place). Recording a deed is not necessary to make the transfer valid, it is so that other people are put on notice of the transfer. The recorder's office doesn't "validate" or warrant the quality of the transfer, just that the requirements for recordation have been met.

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