Archived
Can a mortgage co./bank call to have electric service shut off on a house that is current with said utility bill?
James's answer
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Answered on April 11, 2013
I agree with my colleagues. The bank should not have any legal authority to deal with the utilities, given the limited facts provided.
James...
Archived
How to avoid any tax consequences and not damage my parents medicaid/SSI benefits since my mother holds a traditional IRA
James's answer
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Answered on April 11, 2013
With a traditional IRA, your mother will be taxed on the MDR that is withdrawn. There is no way to avoid this. This should not prevent eligibility...
Archived
Am I liable as alternate POA of my father if my sister spent money that was supposed to go to Medicaid without my knowledge.
James's answer
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Answered on April 11, 2013
No. You would not have liability in this situation.
James Frederick
Can a restuarant charge more than their online menu price, especially if the online menu doesn't state prices subject to change?
James's answer
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Answered on April 11, 2013
As usual, Mr. Brennan makes some very good points. This kind of behavior is not covered under Michigan's pricing law. It may be covered under the...
Archived
Can an individual open a succession when a parent dies leaving an estate of less than $3,000?
James's answer
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Answered on April 11, 2013
I generally agree with Mr. Potter. In your case, if your mother was a resident of LA at the time of her death, you may have additional issues. The...
Archived
Limited Power of Attorney over my child.
James's answer
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Answered on April 11, 2013
No. A Power of Attorney expires upon death. At that point, a court appointed guardian would need to take over. This would involve a probate...
Archived
Can the person picked to take care of a irrevocable special needs trust ever borrow funds from that trust for personal bills?
James's answer
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Answered on April 11, 2013
The terms of the trust would govern, but this would be very unusual and should not be done without prior guidance from a lawyer. A Trustee has...
What is the minimum age of a person that you can quit claim property to.
James's answer
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Answered on April 11, 2013
If she is less than 18, I would not do it. You would create a situation where nothing could be done with the property until someone goes to probate...
Archived
Evicting someone without a lease?
James's answer
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Answered on April 10, 2013
Her being on the loan is irrelevant. Your being on the deed is key. Unfortunately, I strongly suspect that your trying to evict her is going to...
Archived
What are the (heirs) rights if the executors kids have secretly moved into a house rent free and executor is dragging her feet?
James's answer
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Answered on April 10, 2013
Lots of issues and you will certainly need to sort this out with your own attorney. Just to hit some of the highlights:
1) No, the children have...
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