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Jason C. Morris
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Jason Morris’s Answers

26 total

  • Can I file a small claims in my state/county if the defendant lives in another state/county?

    I used to live with someone who leased a TV from Aarons back in 2007. We both signed the paperwork making him the primary and I the secondary. Unfortunately, things went sour and we no longer communicate. He took the TV and never returned it and...

    Jason’s Answer

    You can file a small claims action but serving the defendant will become an issue. Sadly, Nevada courts typically require that you personally serve a defendant in a justice court case. This is not your only option as you may effectuate service via publication. However, the drawback with publication is that it can be costly. I would estimate roughly $500 to publish in the Las Vegas-area newspapers. I don't know if the amount in question justifies the expense of service through publication.

    Jason C. Morris is an attorney at Woodburn and Wedge specializing in tax and estate planning. He can be reached at 775-688-3000.

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  • Trust fund help

    I was supposed to receive money that was put into a trust fund when I was a child due to a court case that was won because of something that happened to me. My mom has complete control over it, and I have to access to it whatsoever. I want to know...

    Jason’s Answer

    I would recommend you obtain a copy of the court order which awarded you funds. You can go to the Washoe County courthouse on 75 Court Street in downtown Reno and visit the Records division. If you have little information regarding the case, other than your name, you can have the records division perform searches for your case for $1 for each year searched. As mentioned previously, I would urge you to ask for information related to the trust as well.

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  • Sell my percentage of the trust

    my brother is the Trustee of my Fahters Trust. My Father passed away 3 years ago. My Brother has let the I'm in charge go to his head; he been jerking me around and lieing to me about the assets of the Trust and I'm sick of him and all the bull. ...

    Jason’s Answer

    If you believe you can find a willing buyer, go for it. I would be surprised if an individual would be willing to purchase such an interest given the speculative nature of the inheritance.

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  • How do I challenge the validity of my mortgage and do I have to be in default to do it?

    My original document was written with Canyon Bank. Without me knowing first Chase Bank ended up with my paperwork. I have never signed any documents with Chase. I have made payments to Chase but am currently 1 behind with $1500. held in suspens...

    Jason’s Answer

    Proceed with caution!!! It sounds like you acknowledge signing your mortgage obligation and now you are frustrated that you are making payments to Chase Bank? I would caution you that there are many loan modification companies and attorneys who will promise to wipe away your mortgage. It is unlikely that these individuals will be able to achieve such a result and they will most often charge you a flat fee in the range of $3,000-$5,000 up front. You agreed to make payments under a secured obligation. You may not have received notice of every assignment of the promissory note. Lack of notice is not, in and of itself, a violation of the Fair Lending Practices Act. As I said at the beginning, please proceed with caution in pursuing any alleged claims against the financial institutions involved in your mortgage.

    This communication is for informational purposes only and is not intended to constitute comprehensive or specific legal advice.

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  • I need a pro-bono or contingency attorney to help me get Annuity payments proscribed in Will/Charitable Remainder Trust.

    I am 72 years old, living on SSA/SSI. I was named a beneficiary of a Charitable Remainder Trust probated in Washington in 1998.The present representative, wrested the estate from the original appointed personal representative (son of deceased) in ...

    Jason’s Answer

    You may simply try calling several probate/estate planning attorneys in the Seattle area. Otherwise, I would recommend you contact a lawyer referral service. I found this link which lists several lawyer referral services in Washington: http://www.wsba.org/atj/contact/lawref.htm.

    This communication is NOT intended as legal advice and is given for informational purposes only.

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  • My wife passed away in 2008. i need to become the executor of her estate. how do i go about it

    i either need to become the executor or administrator of her estate for a legal issue.

    Jason’s Answer

    Depending on the amount of assets in question, you may be able to file a small estate affidavit. You would need a certified copy of the death certificate no matter how large your wife's estate. You do not need to file the affidavit with the court. Having said that, certain financial institutions will require a court order in order to transfer to title. If that is the case, I recommend you hire an attorney at a set fee to assist in preparing the court order.

    Jason C. Morris is an attorney at Woodburn and Wedge specializing in tax and estate planning. He can be reached at 775-688-3000.
    This article is for informational purposes only and is not intended to constitute comprehensive or specific legal advice.

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  • What is a successor trustee of an estate in a living trust? Also what is a sole Trustee?

    In a living will I am appointed as successor trustee and to serve as sole trustee if settlor is deemed incompentent or incapacitated. What exactly should I do to enforce the Superior Courthouse Judge to obey this contract? The PG Office put a temp...

    Jason’s Answer

    I would echo the prior advice you received with a slight addition. I would urge you to contact a local attorney who works on guardianship matters specifically. Some experienced practitioners in estate planning do not have as much expertise in guardianship proceedings which seems to be your main concern.
    In our standard trust language, we grant authority to the successor trustee to act on behalf of the settlor if the settlor is deemed incapacitated. It sounds like the trust agreement you reference contains similar language. Based on the brief description you have provided, the trust terms would allow you to step into the role of successor trustee by which the court would have to abide.
    This communication is NOT intended as legal advice and is given for informational purposes only.

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  • Is it necessary to hire an attorney to close a Trust.

    We plan to have a cpa complete the Federal and State IT-1 returns for the Trust.

    Jason’s Answer

    You're taking a giant leap of faith asking such a questions to attorneys. :)
    Yes, you can close or administer a trust without an attorney. If you have to file a Form 706 then I would consult with an attorney and an experienced CPA.
    This communication is NOT intended as legal advice and is given for informational purposes only.

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  • My daughter just got a foreclosure notice taped to her door.

    Last year she spoke to B of A and they modified her loan after she was divorced. Without the two incomes she could not make the payment on her own. She has been making the payments and B of A has been cashing the checks for the last year. Yesterd...

    Jason’s Answer

    There are several points of clarification on the first response. One, the lender has six (6) months to pursue a deficiency judgment following a foreclosure sale in the state of Nevada. Two, the foreclosure timeline of "typically 120 days" is the statutory period but in reality the lenders/servicers are taking much longer to effectuate foreclosures. This is largely irrelevant now that the foreclosure sale is already set.
    As to what your daughter can do now, there is practically very little to stave off the foreclosure sale - file bankruptcy, pay the amounts due and owing, or file a lawsuit against the lender. I realize none of these seem like great options. Being that the foreclosure sale is so close, she does not have to evacuate the property on that date. She should prepare to move out but until the bank notifies her that she must leave she can remain in the home. The most extreme case I've seen was a family that stayed in their home for 25 months following the foreclosure sale. I would not expect the same thing to occur with your daughter but she should be able to stay in the property for some time after August 2.
    This communication is NOT intended as legal advice and is given for informational purposes only.

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  • My Dad died the other day and my 2 brothers and I are the beneficiaries of his estate.

    His bank and investment accounts were set up as TOD and POD accounts prior to his passing. His financial advisor called me to tell me they need to speak to the executor of my dad's will and then the executor will need to submit a notarized Affidav...

    Jason’s Answer

    The executor does not need to be involved in a TOD or POD account as they pass outside of probate. Perhaps the financial advisor is merely proceeding with caution and hoping to deal with the authorized representative of the estate who would likely have the certified copy of the death certificate. If you know where to send the information, you could begin the transfer process as many institutions take weeks to make the transfers.
    This communication is NOT intended as legal advice and is given for informational purposes only.

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