Archived
What happens if I do not pay off a lien from a "right of redemption" ending July 7th, 2015, from the HOA after a foreclosure?
James's answer
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Answered on June 30, 2015
If you do not pay off the lien before redemption period ends, the HOA will own the property.
HOA "steps into your shoes" and takes subject to all...
If my mother signs over ownership of her house to myself and my sister before she passes, will there be an inheritance tax (CA).
James's answer
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Answered on June 30, 2015
No. Immediate transfer will not result in inheritance tax at death.
However, I do not recommend immediate transfer for several reasons,...
Archived
Is there something I can do to prevent my sister to will our family home to anyone other than family?
James's answer
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Answered on June 30, 2015
Maybe. Facts cited raise questions regarding capacity and undue influence. If either can be proven the transfer can be set aside.
Much more...
Archived
How is a revision made to a Petition for Final Distribution that has already been submitted?
James's answer
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Answered on June 30, 2015
Yes. You can and should file a supplement to the petition previously filed. This is necessary to clear any probate notes and get the supplemented...
Archived
Can I renounce my part in my parents' living trust?
James's answer
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Answered on June 30, 2015
Yes. You may renounce your bequest in parent's living trust..
Proper procedure is by executing a Qualified Disclaimer. Qualified Disclaimer...
Archived
I am a sole proprietor. If I file a personal Chapter 13 bankruptcy, do i need to list my business creditors too?
James's answer
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Answered on June 29, 2015
Probably. Depends on several factors including, not limited to: Alter Ego? Ownership of Business Assets? Personal Liability For Business...
What are the tax consequences of surplus proceeds from a foreclosure sale (trustee sale) ?
Can they be eliminated or reduced?
James's answer
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Answered on June 29, 2015
Net proceeds from sale will be subject to normal income and capital gain tax rules.
Not enough information to opine on tax consequences to you...
Archived
I recently filed a probate petition. I think I estimated the assets too low. How can I fix this problem?
James's answer
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Answered on June 29, 2015
You do not need to modify petition if you have already been appointed. If not appointed, you may file amended petition.
Value the vehicle at full...
Archived
I need to use my Trustee-Executor power to modify my deceased parents home loan. Can a bank override my power to modify?
James's answer
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Answered on June 29, 2015
Yes. If you are successor trustee, you have authority granted by trust instrument to mange trust affairs. This likely includes financial affairs...
Archived
What can I do to alleviate my debt situation? I don't think I can pay it off. What are my next steps?
James's answer
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Answered on June 29, 2015
Student loan debts require special knowledge to negotiate and discharge.
Options include working with creditor and/or U.S. Department of Education...
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