Archived
Since my mother passed last May 20, 2014, my sister has all the life insurance that my Mother had
We were supposed to split it.
James's answer
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Answered on July 29, 2015
Agree with colleagues.
Yes. Life insurance proceeds will go to named beneficiaries.
Add following:
1. You may wish to disclaim your beneficial...
What is my next step after receiving a Notice of Involuntary Lien? It says Abstract issued 06/01/2015
James's answer
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Answered on July 29, 2015
Agree with colleagues. Most likely someone has obtained judgment against you. Recorded lien after obtaining judgment.
If you cannot afford to...
Archived
If the attorneys are asked any questions about an astate other then the person who they r working for can they answer them
James's answer
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Answered on July 29, 2015
Maybe/not. Depends on several factors not stated. Attorney may respond to certain questions. Not required to respond to others. May not respond...
Archived
Do the MAXIMS OF LAW control the courts or how judges rule?
James's answer
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Answered on July 29, 2015
Courts are controlled by law, statutes and rules of court.
Maybe/not. More facts needed to advises whether court can approve settlement agreement...
Archived
I have not filed any documents into the court, I live out of state and don't get along with the trustee, instead of fighting
James's answer
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Answered on July 29, 2015
No. Court will not independently verify pleadings filed.
Yes. It is possible someone else has improperly filed pleadings in your name.
No. You...
Archived
Is it a good idea to lodge a will with the Superior Court?
James's answer
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Answered on July 28, 2015
Better idea is to place Will in safe place with access limited to people you trust. Some good examples:
home safe; safe deposit box; locked file...
Archived
What type of attorney do I need for this? Estate? General litigation?
James's answer
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Answered on July 28, 2015
Yes. You need trust Litigation Counsel.
Archived
How can I find out if these collections calls or law firm calls are real or a scam?
James's answer
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Answered on July 28, 2015
Genuine collectors will provided their name and contact information.
Request written proof of the debt.
Check with your state to determine if...
Can a Heggstad Petition succeed when the Settlor is not the initial Trustee (Mom creates Trust naming Son Trustee w/Asset list)?
James's answer
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Answered on July 28, 2015
Heggstad case dealt with matter in which Settlor and Trustee were same person.
I am not aware of case law which extends Heggstad beyond this fact...
Archived
Do I need a attorney
James's answer
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Answered on July 28, 2015
No. You do not need attorney.
If father's estate is valued at less that $150,000 you may proceed by way of Small estate Affidavit Administration....