Could mortgage company add fees and late payments to my principal during my chapter 13, & now ask me to pay lump after BK ended?
James's answer
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Answered on February 18, 2016
Once your Chapter 13 plan was confirmed, you would have been responsible for keeping up with the post-petition payments. Absent any loan...
Archived
Will a simple letter written by me about p.o.a and last will and testament, hold up?
James's answer
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Answered on February 18, 2016
No. Simple letter does not meet minimum requirements for validity of will or POA.
Archived
Title Insurance for future sale
James's answer
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Answered on February 18, 2016
Previous buyer can only convey the interest they owned.
Quitclaim deed only conveys bare title with no implied warranties of title.
Yes. Last...
Archived
Are attorney & real estate charges deductible? Is the money better off in a special needs trust so I can keep my SSI disability?
James's answer
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Answered on February 18, 2016
Yes. Certain legal and real estate expenses associated with sale of real property deductible. Not all.
Certain assets are exempt from...
Archived
Do we have grounds for a Lawsuit?
James's answer
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Answered on February 18, 2016
Maybe, but probably not. However, you have not listed any compensable damages. I do not believe lawsuit in your interest at this time.
Archived
Do I put "Smith family trust 3/1/12 fbo Bobby Smith" or "Smith family trust 3/2/1?
James's answer
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Answered on February 18, 2016
You may name your trust as beneficiary.
However, carefully consider all consequences of doing so before acting. There are both advantages and...
Archived
Can the estate of my mother, her surviving siblings (my aunts), or one of my three siblings sue me back for not honoring her bur
James's answer
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Answered on February 18, 2016
Yes. You may be sued if you do not honor universally understood wishes of mother.
Can the attorney that writes my trust serve as trustee, or would that violate some kind of conflict of interest rule?
James's answer
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Answered on February 18, 2016
Yes. Attorney who drafts trust may act as trustee. Not a conflict of interest.
Some observations:
Drafting attorney usually more familiar with...
Archived
Can I keep my parents house if it is under Medi-Cal Estate Recovery Program? Am I also liable for the medi-cal debt for my paren
James's answer
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Answered on February 18, 2016
Maybe. There are strategies which may be implemented to keep the house and avoid MediCal recovery.
No. You are not personally responsible for...
Archived
How hard is it to prove intention of a will in Texas court?
James's answer
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Answered on February 18, 2016
Not relevant. Intent to write will not relevant.
Only a valid written will can be proven up and submitted to probate.