Archived
Can anything be done if a will and living trust was written wrong and since my brother has been passed away for almost 6 years?
James's answer
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Answered on August 31, 2015
Maybe. Certain errors in drafting a will or living trust can be corrected. This may involve filing a petition in probate court to correct the...
Archived
My mother gave me a power of attorney for my youngest sibling to live with me; Is that document enough to be his legal guardian?
James's answer
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Answered on August 28, 2015
No. POA, by itself not sufficient to be appointed guardian.
Obtain nomination of guardian from both parents to bolster your case.
Only court can...
Archived
What are my rights under the trust?
James's answer
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Answered on August 28, 2015
Not enough information provided to advise you whether it is in your interest to accept the offer.
Retain counsel to evaluate all relevant...
My estranged father died what happens to his estate?
James's answer
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Answered on August 28, 2015
Maybe. Your rights determined by several factor, including:
-did father have an estate plan;
-terms of estate plan;
-how is title...
Archived
Are attorneys required to keep copies of documents they prepare?
James's answer
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Answered on August 28, 2015
No. Attorneys are not required to keep copies of EP documents they prepare. Some attorneys keep copies, some do not.
Many sources to investigate...
Archived
Bankrupt,Real estate, Elder abuse attorneys
James's answer
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Answered on August 28, 2015
More information needed to assess viability of elder abuse liability.
Both GM and aunt originally personally liable liable for full amount of...
Archived
Inherited property in San Francisco, CA. Is it legal to "disclaim" rather than sell half to avoid reassessment?
James's answer
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Answered on August 28, 2015
Yes. You may disclaim interest or sell interest to sister.
Qualified disclaimer required to avoid reassessment. Qualified disclaimer is for zero...
Archived
Dementia
James's answer
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Answered on August 28, 2015
Depending on severity of dementia, it may be possible to obtain POA from father appointing mother. Depends on his capacity to appoint an agent. ...
Archived
Real estate, elder abuse, bankruptcy attorneys
James's answer
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Answered on August 28, 2015
Yes. GM needs to consult BK counsel.
Aunt may have been discharged of her obligation to pay the loan when she filed BK and received...
Archived
I{'ve been owed money by Credit One Bank, we've spoke many times on phone and they keep say the check is coming, they sent it
James's answer
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Answered on August 28, 2015
If the check was sent on 8/26/15, you may want to give it another week or so before you hire an attorney. Make sure to verify the address where...