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James Charles Shields's Answers (27631)

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Archived

Collection Agency wants to collect outstanding phone bill. I informed the agency in writing that I dispute it. What do I do now?

James's answer | Answered on August 14, 2015

Agree with colleagues. Start by filing written dispute with CPUC.

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False report to police considered elder abuse?

James's answer | Answered on August 14, 2015

No. False police report is not form of elder abuse. Yes. False police report is a crime. I suggest you consult elder law counsel to ensure you...

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I signed a Payment Extension Agreement for one month's payment that I want to rescind. Is this possible?

James's answer | Answered on August 13, 2015

Maybe. Review the payment extension agreement for terms governing rescission. You are entitled to full accounting from Hyundai. Demand it in...

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Court ordered a full accounting when there are no assets. What am I supposed to do?

James's answer | Answered on August 13, 2015

Yes. Non-probate estate assets generally not included in probate account. Apparently court interested in more than just probate estate assets. ...

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Is a BofA loan sold to RCS in 2013 under the 2014 DOJ settlement? Foreclosure date 8/31. Bankruptcy?

James's answer | Answered on August 13, 2015

Based on statement by BA that loan in good standing, I assume NOD and NTS have been resolved. Correct? Advise why C13 is not an option. Need...

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WHAT DOES SELF-DEALING MEAN? MY BROTHER HAS DURABLE POWER OF ATTORNEY FOR OUR STE-FATHER, MY STEP-FATHER'S ATTORNEY IS HIS EXEC

James's answer | Answered on August 13, 2015

Self-Dealing is process of an agent, such as your brother dealing with step-father's assets for brother's personal benefit. Using step-father's...

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Time limit on final distributiion of an estate

James's answer | Answered on August 13, 2015

No. There is no statutory time limit. However, a reasonable time would be within 30 days of execution of Final Order For Distribution.

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Did not receive notification of 341 meeting. Was the debtor supposed to notify me? Is there anything I can do?

James's answer | Answered on August 13, 2015

You have right to be notified of 341(a) meeting if you are a creditor. Appears debtor did noty list you as creditor. Yes. do formally notify...

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If a beneficiary of a trust passes away before the inheritance has been transferred, can it still go into their trust?

James's answer | Answered on August 13, 2015

Depends on terms of trust. Normally the distribution to father becomes part of his estate. Possible exception if terms of trust require...

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My partner passed away and had no assets. Does what he has have to go thru probate?

James's answer | Answered on August 13, 2015

No. Based on information provided, no probate will be necessary. California Small Affidavit Process will cover estate up to $150,000. Present...