Archived
In a UD under appeal, Is there anything to gain if the subject property has been sold by dishonest trustee broker of R.Estate?
James's answer
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Answered on July 06, 2015
Complex question. Many issues raised: Undue Influence, Elder Abuse, Fraudulent transfer.
More information need to opine. Consult BK counsel.
Archived
Can a Quitclaim save my home form a judgement against me attorney fees
James's answer
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Answered on July 06, 2015
No. Transfer at this point may be set aside as fraudulent transfer.
Maybe. Judge may/not order sale of home. More information needed to opine.
Archived
My bankruptcy preparer is refusing to sign my paper work and asking me to sign for her and file, should I?
James's answer
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Answered on July 06, 2015
BK petition preparer required to disclose fees charged for service.
Consider retaining BK counsel.
Archived
My "guardian " is unfit
James's answer
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Answered on July 06, 2015
Question not clear. More information needed to meaningfully respond. Your age? Conflict with guardian? Why unfit? The "sign paper"?
Consult...
Archived
What exactly is court confirmation in regard to probate, and when is it required vs not being required?
James's answer
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Answered on July 06, 2015
Court "confirmation" required in various contexts and types of probate matters.
Unclear what context question is being asked within. Need more...
Can I sue someone that i once trusted to store my guns but now will not give them back
James's answer
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Answered on July 06, 2015
Yes. You may sue for return of your property. You may sue in small claims court if value less than $10,000.
Be prepared for defense that the...
Archived
Debt settlement
James's answer
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Answered on July 06, 2015
Maybe. Homestead will protect he homestead allowance you are entitled to claim. Depending on the equity in the property, the homestead allowance...
Archived
Credit card debt after death
James's answer
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Answered on July 06, 2015
Yes. Trust will be liable for the credit card debt. Will be your wife's responsibility, as successor trustee, to pay the debt from trust...
Archived
My two brothers have responded to an appeal from our other brother and are stating that I will be liable for a third of fees.
James's answer
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Answered on July 06, 2015
Yes. You may be responsible for a portion of attorney fees and costs based on common fund theory. Reference Reade. Precise allocation of any...
Archived
Living Trust, Will and Asset Protection
James's answer
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Answered on July 06, 2015
Yes. Good questions. Each concern may be addressed in carefully constructed estate plan.
Yes. Probate may be avoided through use of Revocable...