Archived
Is it a violation of FCRA or other laws for a mortgage lender to perform hard credit pulls post-bankruptcy?
James's answer
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Answered on February 17, 2016
It may be a violation. You would only be on the hook for the 2nd Mortgage if you signed a Reaffirmation Agreement with the creditor and it was...
Archived
Is my home protected from forced sale if I file for chapter 7 in California????
James's answer
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Answered on February 17, 2016
California provides for two types of Homestead Exemptions. The Automatic Homestead Exemptions protects a homeowner from "forced" sale. You need...
Archived
I can't work, can't afford the co-pay for medical, I qualify for medicade in Ca (a federal decision) but not in IL why ?
James's answer
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Answered on February 17, 2016
Medicaid and Medi-Cal are needs based programs funded by federal government and run by each state.
Rule and eligibility criteria vary from state...
Archived
Can the Attorney who acted in concert with my brother and Mother to gain control over an incompetent person be help accountable
James's answer
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Answered on February 17, 2016
If father did not have capacity to execute POA, it can be invalidated.
You may file petition with court to invalidate the POA and any estate...
I have sent in a letter to the Orphan's Court/ Register of Wills requesting a hearing and they don't respond, What am I to do ?
James's answer
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Answered on February 17, 2016
Court appointed administrator and court clerk are good sources to check.
If no satisfactory response, you may file your opposition and request...
Archived
Probate examiner notes read ( Examiner has interlineated the Orders to reflect these changes) Do I need to change the order ?
James's answer
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Answered on February 17, 2016
Appears probate examiner has made changes to order. Check with probate examiner to be sure. If probate examiner has not made changes, you will...
How can I claim unclaimed accounts from my deceased grandmother, grandfather, and father?
James's answer
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Answered on February 17, 2016
Cannot answer your question whether it is worth time and energy to try to track down all of the unclaimed property. Need to know value of...
Archived
What happens if the deceased’s domicile is FL and the assets subject to probate are under $75,000 but she owns a house in NY?
James's answer
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Answered on February 17, 2016
FL probate is required. Facts indicate estate includes NY real property.
Ancillary probate in NY also required to distribute NY real property.
Archived
Does the law mandate that probates be opened in chronological order even when both parties are deceased?
James's answer
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Answered on February 17, 2016
Excellent response from Michael Haber. I agree.
No. Law does not strictly require probates be opened in chronological order of death. Both...
Archived
What can I do to receive a share of my fathers settlement?
James's answer
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Answered on February 17, 2016
Maybe. Answer depends on nature of lawsuit.
You are dealing with potential late discovered asset.
If proceeds of lawsuit are part of father's...