Questions answered by Michael Leo Potter

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Trustees had elderly mother sign a cd in their name, cashed before her death, kept money. Kept it a secret from beneficiaries.

Michael's answer | Answered on April 09, 2013

If true, then the Trustees have breached their Fiduciary Duty and have committed Fraud & Wrongful Conversion. The beneficiaries have a legitimate...

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Would this vehicle still be in my name and am I liable? What should I do?

Michael's answer | Answered on April 09, 2013

Immediately call a Business Law attorney. Your credit rating may be at risk and you want to be pro-active rather than reactive. See Avvo.Com under...

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If a lender makes a loan to a partnership but provides the funds to a single partner individually is the partnership liable?

Michael's answer | Answered on April 09, 2013

One of the 'down sides' of a General Partnership is that the other General Partners are in fact liable. The funds should have been giving to the...

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Are all tenants in common to real estate in a trust subject to a judgment lien against the trust for the actions of only one TIC

Michael's answer | Answered on April 09, 2013

You have three areas of law that meet in this question - Estate Planning & Trust, plus Real Estate and Litigation. I'd recommend you retain...

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If my son buys a house can I rent it from him at a value of say 10 times the going rate ,trying to avoid future estate taxes

Michael's answer | Answered on April 09, 2013

You can pay a higher-than-normal rate if you like. However, there are much more effective Estate Planning strategies that will enable you to reduce...

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I am trustee and beneficiary of a trust (cash only) can I use some of the funds prior to the passing of the grantor?

Michael's answer | Answered on April 09, 2013

This question really is more about Medicaid and Elder Law than anything else. I'd recommend you sit down as soon as possible with an Elder Law...

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What type of lawyer should I talk to ? And how long would the process be to receive the money?

Michael's answer | Answered on April 09, 2013

The trustee usually has some discretion as to making loans (for business purpose). However that will depend on how the Trust drafted and what power...

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How may a senior protect herself against an abusive grandson?

Michael's answer | Answered on April 09, 2013

Elder Abuse takes many forms. I'd recommend a report to BOTH the police and the Elder Abuse hotline for your Attorney General's office. This needs...

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How do we legally end unelected residents from performing HOA duties (non profit corporation) on behalf of all homeowners

Michael's answer | Answered on April 09, 2013

I'd recommend you meet with a Real Estate attorney who handles Homeowner Association matters. Look on Avvo.Com under Find-A-Lawyer and have a free...

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Estroven - Fat Burning & Weight Loss?

Michael's answer | Answered on April 09, 2013

Rather than look on a Legal Question site, you may want to look on WebMD or the Food & Drug Administration sight. Good Luck!

Michael Leo Potter's Answers (5702)

Trustees had elderly mother sign a cd in their name, cashed before her death, kept money. Kept it a secret from beneficiaries.

Would this vehicle still be in my name and am I liable? What should I do?

If a lender makes a loan to a partnership but provides the funds to a single partner individually is the partnership liable?

Are all tenants in common to real estate in a trust subject to a judgment lien against the trust for the actions of only one TIC

If my son buys a house can I rent it from him at a value of say 10 times the going rate ,trying to avoid future estate taxes

I am trustee and beneficiary of a trust (cash only) can I use some of the funds prior to the passing of the grantor?

What type of lawyer should I talk to ? And how long would the process be to receive the money?

How may a senior protect herself against an abusive grandson?

How do we legally end unelected residents from performing HOA duties (non profit corporation) on behalf of all homeowners

Estroven - Fat Burning & Weight Loss?