Archived
What forms or documents do I need to begin with as the Executor of a Living Trust after someone passes?
James's answer
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Answered on July 17, 2015
Executor is person appointed by decedent to manage a probate estate.
Living trust does not have an executor. Living trust has successor...
Archived
Are nursing homes obligated to contact the family members about a residents health condition or passing?
James's answer
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Answered on July 17, 2015
Maybe. Nursing home obligated to contact persons they are authorized to contact by resident or responsible parties.
Further. Nursing home may be...
After a corporate chapter 7 bankruptcy do I still need to file a dissolution form with the secretary of state in california?
James's answer
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Answered on July 17, 2015
Yes. Good practice to formally dissolve the existing corporation.
C7 BK does not automatically dissolve the corporation.
Archived
As durable power of attorney for an elderly friend, can I draw up papers naming someone to take over responsibility if needed?
James's answer
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Answered on July 17, 2015
Maybe. Your authority under the POA is defined in the document. Examine the POA to determine if it confers this authority on you as the...
I created a Suzy Orman revocable trust. I am in the first year of Chapt. 13 bankruptcy. Can I still put my house into the trust
James's answer
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Answered on July 17, 2015
Maybe. If in active C13, you must file motion with BK court and receive permission to transfer the house into the trust. Such motions are...
Archived
How do i collect a judgment from a person who works under the table? The only asset that I know he may have is a motorcycle
James's answer
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Answered on July 17, 2015
Several things you can do;
-schedule a Debtors Exam to determine if he has financial assets; such as bank accounts, credit union accounts,...
How can I dispute a mechanic's lien in California?
James's answer
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Answered on July 17, 2015
Yes. You may file small claims action to recover for damages and poor workmanship of contractor. Amount in controversy must be less than $10,000....
Archived
Should I receive a receipt of some type of documentation from a family member who purchased an item from the trust?
James's answer
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Answered on July 17, 2015
Yes. There should be documentation of the transfer of trust assets to purchaser.
Yes. Receipt is recommended.
Archived
How do you know if a will is a "pour over"? Is there specific language to indicate this?
James's answer
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Answered on July 17, 2015
No. No specific words used in all cases.
However, the Will will contain language that directs executor to transfer estate assets to a trust.
Archived
I need a Lawyer to write an appeal for a social security disability that was not approved
James's answer
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Answered on July 15, 2015
Yes. Appeal is now required.
I agree with colleagues regarding possible referral sites you may wish to use.
