Archived
How are able to collect debts from someone that owes you money but you didn't have a written agreement only verbal agreement?
James's answer
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Answered on August 12, 2015
Your question presents complex family law and debt collection issues.crossover issues. Are you divorced? Marital Settlement Agreement?
Written...
Do i need a Notary even tho i have 2 witnesses to sign a durable power of attorney? If there is no Will who is the next of kin?
James's answer
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Answered on August 11, 2015
Yes. POA must be notarized.
No. Will need not be notarized. Two disinterested witnesses required for Will validity.
Heirs at law may include...
Archived
What should i do when I have no one to trust to give him/her authority to take care of me if I become mentally incapacitated?
James's answer
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Answered on August 11, 2015
Yes. There are private professional fiduciaries that can be named to provide care you describe.
Caregivers can be named in your Power of Attorney...
Archived
Is it better to have a living will or a living trust? What is the difference?
James's answer
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Answered on August 11, 2015
Living Will is similar to a power of attorney for healthcare. Not a substitute for livinh trust.
Based on information provided, i recommend an...
In California, what risk to 1st TD holder (seller financing) if buyer files bankruptcy?
James's answer
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Answered on August 11, 2015
Some things to consider:
-If buyer defaults you may foreclose on property;
-If buyer files BK, they may be relieved of personal liability for the...
Archived
How can I be the person responsible for my sick brother?
James's answer
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Answered on August 11, 2015
You may file petition to be appointed conservator for your brother.
AHCD only possible if brother has capacity to execute.
Archived
Is there a Southern California attorney who is willing to take on a Medi_CAL / IHSS statute that has an OBVIOUS defect in it?
James's answer
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Answered on August 11, 2015
Yes. Interesting case which competent attorneys may wish to take on.
I would need more information to opine further.
Attorneys not allowed to...
Archived
My biological mom never did her beneficiary designation for CalPERS she passed away in 2010. Is there anything I can do?
James's answer
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Answered on August 11, 2015
Yes. H entitled to pension based on information provided.
Yes. You may be entitled to part of step father estate if you were adopted by him or a...
Should I file bankruptcy and have $35k in debt discharged, or take a loan from a family member?
James's answer
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Answered on August 11, 2015
Maybe. Need additional information to advise whether BK in your best interest. Some missing facts;
-income;
-living...
Archived
Can a storage company in CA place a lien on my teacher's pension, 403b and my jointly owned properties with my daughter?
James's answer
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Answered on August 11, 2015
Yes. Storage company may lien pension and 403(b) after they obtain a judgment.
You may file claim of exemption.