Archived
Are undue charges hard to prove if someone is elderly and may forget things like that when he does not remember he is not
James's answer
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Answered on August 05, 2015
Maybe. Undue influence charges require proof of both damages and incapacity,
Ability to prove in your situation depends on facts not provided. ...
Archived
I file for bankruptcy chapter 7 no liquidation I exempt my tax refund when filing.
James's answer
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Answered on August 05, 2015
Yes. You will receive 2015 tax refund. Trustee entitled to 1/12th of refund. Unlikely trustee will make a claim.
Review with your BK counsel.
Can I sue my mothers siblings for compensation for taking care of my grandmother for 8 years while she had domentia and vascular
James's answer
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Answered on August 05, 2015
No. You may not sue mother's siblings based on facts provided.
Yes. You may have claim if a probate has been opened. File Creditor's Claim in...
Archived
I need help quickly with a question regarding a property that is in Escrow with a title issue held in a Revocable Trust
James's answer
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Answered on August 05, 2015
Yes. You may transfer your interest to the trust.
No. This is not tax evasion.
However, transferring your interest to trust may be poor choice....
Archived
How does my mom give up her guardianship to my grandparents?
James's answer
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Answered on August 05, 2015
I recommend mother and grandparents petition to appoint grandparents as guardians.
Appointment of guardians is most effective way to ensure...
Archived
What legal action can I take to secure debt reimbursement from a friend?
James's answer
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Answered on August 05, 2015
Yes. You have options which vary depending in several factors: current balance owed; written agreement; secured debt; unsecured; enforceability of...
Selected as the best answer
Archived
My Social Security disability application has been denied. Should I reapply or appeal this decision?
James's answer
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Answered on August 04, 2015
Yes. Appeal can be lengthy process. Not uncommon that initial denial reversed at appeal stage.
Based on facts cited, I recommend that you retain...
Is back rent are considered "consumer debts" within the meaning Federal Fair Debt Collection Practices Act?
James's answer
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Answered on August 04, 2015
Yes. Back rent is a "consumer debt" within FDCPA. Several recent cases support this position.
However, special expedited procedures apply to...
Archived
What actions can I take to get access to my house?
James's answer
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Answered on August 04, 2015
Sister may/not be doing anything wrong. She owes duties to you as beneficiary of trust. Duties defined by both law and terms of trust.
Carefully...
Archived
I have a default judgment against a business and the owner for over 50K. How can I collect, with the least amount of charge?
James's answer
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Answered on August 04, 2015
Yes. Several means of enforcing the judgment:
-writ of execution;
-judgment debtor exam;
-levy asset account(s)
Lowest cost method depends on...