Archived
Is a codicil to a Will valid to act as an amendment to a Trust if the asset subject to the codicil is held in the Trust?
James's answer
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Answered on October 08, 2015
No clean answer based on information provided. Court may be persuaded to admit codicil as an amendment to trust. Not an easy case to...
Archived
I'm being sued by a credit card company because I haven't been able to pay my bill what should I do?
James's answer
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Answered on October 08, 2015
Even if the creditor obtains a judgment against you, you may be judgment proof. This means, that although a judgment was issued, it may not be...
Archived
Can I adopt a child from another country?
James's answer
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Answered on October 08, 2015
Yes. You may adopt child in another country.
More facts needed to opine further.
Archived
How can I turn my dissolved LLC partnership into a sole proprietorship?
James's answer
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Answered on October 08, 2015
Question is confusing and impossible to answer without clarification. LLC is not a partnership. What type entity are we dealing with?
On probate petition form DE-111, on section 8, what level of heirs must be named and included?
James's answer
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Answered on October 08, 2015
Yes. You must list all beneficiaries names in Will plus all relatives within two degrees. This includes you, your siblings, grandchildren.
Best...
Archived
Father spending money left to me by my moms mom, on himself. What do I do?
James's answer
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Answered on October 08, 2015
Facts cited indicate several possible breaches by father.
Need to review trust and additional facts to opine further.
Immediately consult trust...
Archived
How is a surcharge placed on a trustee collected?
James's answer
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Answered on October 07, 2015
Surcharge may be collected in variety of ways, including:
-direct bill to trustee
-sue trustee if he does not pay the surcharge;
-deduct amount...
Archived
I understand that the trustee can use trust funds for his legal fees. Can he use only "my" funds for his fees?
James's answer
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Answered on October 07, 2015
Trustee may use all funds in trust for valid trust purpose. Valid trust purpose includes legal fees administering and defending trust. Trustee...
Archived
How do I get lien against my property that has been discharged in a a bankruptcy removed from county clerk records
James's answer
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Answered on October 07, 2015
The big question is whether the lien is consensual or non-consensual. You cannot file a 522(f) motion to avoid a lien, when the underlying lien...
Archived
Can the trustee of my father's trust purchase the homes held in the trust? The Trustee is also a beneficiary.
James's answer
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Answered on October 07, 2015
Yes. Something can be done. Facts cited suggest trustee breached fiduciary duties owed to you and sister and acted for his own benefit. He used...