Archived
I will be going back to social security disability appeals council for 5th time, any chance they make a decision themselves?
James's answer
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Answered on October 22, 2015
Impossible to predict outcome based on information provided. Retain counsel to maximize probability of winning.
Archived
Does CA typically prosecute if you spent less than $100 in fraudulently obtained food stamps and offer to pay them back?
James's answer
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Answered on October 22, 2015
Maybe. May/not prosecute. Depends on information not provided:
-prior history;
-related violations
Make best restitution deal you can. All...
Archived
Need help with conservatorship for my disabled brother whom is being neglected and abused by a fake preacher.
James's answer
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Answered on October 22, 2015
Yes. You need immediate assistance to protect both brother and father.
Separate petitions for conservatorship of father and guardianship may be...
Archived
Do I need a whole new trust drafted if I have amendments to be made and I don't want to use my old attorney?
James's answer
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Answered on October 22, 2015
Maybe. New trust may/not be necessary. Answer depends on amount of changes and whether old trust provisions remain valid today.
Yes. New...
Is an un-notarized will that uses a nickname (not the person's legal name) admissible in probate court?
James's answer
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Answered on October 22, 2015
Yes. Will may be admitted provided you prove nickname used was intended to identify father. This may require some argument and production of...
Archived
Are notarized notes, gifting items such as a car, legal if the gifter is suffering from dementia?
James's answer
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Answered on October 22, 2015
Maybe. Note may/not be legitimate. Depends on whether mother had capacity at time she executed the note. Note is presumed legitimate unless...
Archived
If I submit my letters to administer the probate estate do they have to be dated the date of filing?
James's answer
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Answered on October 22, 2015
Letters should be dated on date you sign them.
Court will not approve retroactive date of effectiveness for letters. May be rejected if submitted...
Can a parent LLC which owns a subsidiary LLC be the only managing member of the subsidiary LLC ?
James's answer
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Answered on October 22, 2015
Yes. Parent LLC may both be member and manager of subsidiary LLC.
Archived
I am a 56 year old widow, I have put in for disability since I have had open heart surgery, pts, blood clots, depression
James's answer
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Answered on October 22, 2015
No. SS does not pay interim bills while awaiting decision on your case. Contact local assistance groups such as United Way, American Red Cross...
Archived
SOCIAL SECURITY OVERPAID ME AND NOW THEY WANT ME TO REPAY. I HAVE SENT THEM DOCUMENTS SHOWING I CAN'T PAY.
James's answer
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Answered on October 22, 2015
Options include following:
-request waiver and appeal overpayment;
-request payment plan
