Archived
What sort of lawyer should I look for to help us learn more about how to protect him and potential legal action we can take?
James's answer
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Answered on February 20, 2016
Before seeking legal counsel, i suggest you discuss cited issues directly with nursing home management.
I you do not receive satisfactory...
Archived
Does a person pay taxes on a life insurance policy? Dose it make a difference that it was an IRA first then an insurance policy
James's answer
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Answered on February 20, 2016
Maybe. Some observations:
-normal insurance benefits are not taxable income of beneficiary;
-insurance benefits are taxable to estate if policy...
Archived
I live in California. How do I divorce my husband who was deported to Mexico and now lives there?
James's answer
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Answered on February 19, 2016
Yes. He must be properly served in Mexico. Service must be through Mexico's Central Authority and involves multiple steps:
-file application for...
Does the land trust need to be dissolved to sell the property; does it require a lawyer or cost anything for dissolution?
James's answer
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Answered on February 19, 2016
No. Land trust does not need to be dissolved to sell real property.
Trustee(s) of the land trust may convey title to buyer.
Archived
Can a mechanic use my car without authorization? who'll pay the ticket?
James's answer
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Answered on February 19, 2016
No. Mechanic may not use car for personal or business errands without permission.
Permissive use limited to test drive only.
Archived
What is the statue of limitations on this?
James's answer
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Answered on February 19, 2016
SOL has not run. Friend may pursue claim.
Archived
Can a judge change custody after a judgement when the other party made no attempt of showing a changed circumstance?
James's answer
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Answered on February 19, 2016
Yes. Judge may determine there has been a change in circumstances in absence of attempt bu other party argument.
Archived
Is my friend able to receive her deceased husband's pension?
James's answer
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Answered on February 19, 2016
Maybe. Right to receive decedents' pension depend on terms of the pension plan.
Some plans provide survivor benefits. Others terminate at death...
Archived
Are we supposed to create an "Estate" legally? Can I do this without legal representation?
James's answer
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Answered on February 19, 2016
You are not required to open an estate.
Creditors may open estate so they will have an entity to sue.
May/not be in best interest not to open...
Why would an estate case still be open in court 20 years after the probate..?
James's answer
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Answered on February 19, 2016
This happens rarely.
Several reasons why estate may not be closed.
Complete eview of case file and pleadings needed to opine why this particular...