Archived
If a company sells a product it knows it cannot deliver, does that constitute fraud in the state of california or nationally?
James's answer
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Answered on June 28, 2015
Maybe. Key is state of mind of debtor. If it can be proven that debtor was not capable and had no intent to deliver services when services were...
Archived
How do I get a court order showing I am the executor of my mothers estate and surviving heir?
James's answer
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Answered on June 26, 2015
You can obtain court order appointing you executor of mother's estate by petitioning probate court to be appointed probate executor of mother's...
Archived
Is a lawsuit for unpaid wages discharage in bankruptcy?
James's answer
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Answered on June 26, 2015
Maybe. Unpaid wages earned within 180 days prior to filing BK are a priority debt. Will be paid before other unsecured creditors. Other possible...
Archived
Do I need a written legal will so my son can keep my house when I die? it is in my name only.
James's answer
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Answered on June 26, 2015
Maybe. In California if you die without Will, property will pass based on law of intestate succession.
When you re-marry, this may create...
Archived
Would like help in withdrawing an amount from my retirement annuity. Have the necessary documents
ready to fill out
James's answer
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Answered on June 26, 2015
Assistance with completing forms usually available from financial institution.
Tax consequences vary depending on an number of factors:
-your...
If for some reason I don't or unable to show up to a creditors hearing does a ch 7 get dismissed?
James's answer
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Answered on June 26, 2015
San Diego policy gives trustee discretion to dismiss case if you do not appear. Dismissal is not automatic.
Communicate with trustee in advance. ...
Archived
During a Ch. 7 bankruptcy, if there is substantial equity in my business property how will the trustee address the excess funds?
James's answer
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Answered on June 26, 2015
Corporation cannot file C13 BK. Only individuals. Depending on how the business is owned, C7 or C11 may be only options.
In C7 non-exempt assets...
Archived
Does a pension-retirement fund that is placed in an irrevocable living trust expire when the grantor expires.
James's answer
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Answered on June 26, 2015
Maybe. Pension and Retirement funds may/not expire when owner dies. Depends on type of asset and terms of the underlying agreement. Some things...
Archived
When local law enforcement won't act when Financial Elder Abuse , what can a person do ?
James's answer
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Answered on June 26, 2015
Facts you describe are not uncommon. Actions you can take immediately:
-Report to Adult protective Services;
-Report to the financial...
Archived
What should be done if the beneficiaries of an irrevocable trust do not receive an accounting when it has been over a year
James's answer
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Answered on June 26, 2015
Depends. Complexity of accounting controls what is reasonable length of time to allow for accounting to be completed and tax returns filed. One...