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My ex wife and I have an agreement for child support. Will I be able to deduct this as an expense if I file Chapter 13 Bk?
James's answer
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Answered on July 21, 2015
Yes. Report the informal amount paid as "Child Support" on BK schedules.
Trustee may request copy of court order. Informal agreement may be...
Attorney filed a false affidavit of Heirship in another state that she is not licensed in.
James's answer
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Answered on July 21, 2015
Filing false affidavit executed under penalty of perjury is committing crime of perjury.
Eight years is unreasonable delay.
Review all documents...
Archived
My husband of 36 years passed away 6/30/2015 we lived apart 17 years but never divorced. How do I make a claim to his estate?
James's answer
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Answered on July 21, 2015
If probate is opened, you may make claim by petitioning to probate the estate.
If no probate opened, you may wish to open probate.
In either case...
Archived
Benefits for Children?
James's answer
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Answered on July 21, 2015
No. Son's benefits depend on work credits earned. W earned credits insufficient to qualify.
Archived
When doing a Trust accounting, I forgot to make an allegation that the accounts were all interest bearing. Is that bad faith?
James's answer
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Answered on July 21, 2015
No. Inadvertent omission such as cited is not bad faith. Significance depends on amount of interest paid and accounted for.
Yes. I recommend...
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I need to become the personal representative of my father's estate.
James's answer
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Answered on July 21, 2015
Yes. You may file petition to be appointed personal representative of father's estate.
Court website contains directions and forms necessary to...
Competing Petition for Conservatorship - my mom has a professional temporary conservator. I will be filing my own petition
James's answer
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Answered on July 21, 2015
Yes. You may file competing petition and request that it be heard at same time as professional conservator petition.
Yes. You must prepare,...
Archived
Is Adult Adoption Family Law or Probate?
James's answer
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Answered on July 21, 2015
Yes. Adult Adoption may be filed in Probate Court.
Archived
In an irrevocable trust what rights do those that aren't listed as either beneficiary or disinherited have?
James's answer
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Answered on July 21, 2015
Maybe. Omitted family member may challenge validity of trust on several theories. Precise objections depends on facts not provided, Common...
Archived
Can a successor trustee spouse make radical changes to a Revocable Trust.
James's answer
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Answered on July 21, 2015
Maybe. Ms. Doe authority to make changes to trust governed by the trust document(s).
Yes. Ms. Doe and any other successor trustee have duty to...