Questions answered by James Charles Shields

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How long hi have to wait to file bankruptcy again? i filed three years ago.

James's answer | Answered on March 05, 2016

You must wait eight years form filing date of previous C7 BK to file next BK and receive discharge.

Archived

What is the difference between legal decision making and having guardianship for my grandchild?

James's answer | Answered on March 05, 2016

Not clear from question what legal decision making authority you have? Person? estate? You may be appointed guardian of person and guardian of...

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What steps would you recommend next?

James's answer | Answered on March 05, 2016

I recommend that you interview new attorney. Discuss your concerns. If you are satisfied with responses, remain with him. If not satisfied with...

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Will I have to pay more taxes on that money I distributed?

James's answer | Answered on March 05, 2016

If you received the investments, they are yours to do with as you please. Gifts you make are not taxable to you. Gifts you make in excess of...

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Is my son considered a grandchild?

James's answer | Answered on March 05, 2016

No. Your son is a great grandchild. Maybe. Son's rights as beneficiary are defined in trust document. Review trust with your attorney to...

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How would you go about finding out if a will was made out and filed when someone passes away?

James's answer | Answered on March 05, 2016

Conduct diligent search and retain your own attorney to assist you. some common places to search: or probate opened -safe deposit...

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1) Am I, as her oldest son, entitled to this information? 2) Am I, as part account owner, entitled to acquire my portion.

James's answer | Answered on March 05, 2016

Birth order has no effect on right to information. If you are listed as beneficiary of the CD on the account no probate necessary. You may redeem...

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Would husband be eligible for medicaid (for nursing home) since I have no income of my own. He gets total 3000 a month (SSD,etc)

James's answer | Answered on March 05, 2016

Yes. H qualifies for medicaid. He is below income threshold for qualification. Income will be apportioned between H and you. You will not lose...

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How should be proceed with a will, trust, and executorship? Can trust with asset appraisals help protect each family member?

James's answer | Answered on March 05, 2016

Parents may create an estate plan only if they have legal capacity to do so. If they do not have capacity, a conservatorship may be...

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See full question, above.

James's answer | Answered on March 05, 2016

Both accountant and attorney may be right. Fees depend on whether assets are probate estate assets or trust assets. Executor fees apply to...

James Charles Shields's Answers (27631)

How long hi have to wait to file bankruptcy again? i filed three years ago.

What is the difference between legal decision making and having guardianship for my grandchild?

What steps would you recommend next?

Will I have to pay more taxes on that money I distributed?

Is my son considered a grandchild?

How would you go about finding out if a will was made out and filed when someone passes away?

1) Am I, as her oldest son, entitled to this information? 2) Am I, as part account owner, entitled to acquire my portion.

Would husband be eligible for medicaid (for nursing home) since I have no income of my own. He gets total 3000 a month (SSD,etc)

How should be proceed with a will, trust, and executorship? Can trust with asset appraisals help protect each family member?

See full question, above.