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...
Archived
Can the IRS garnish your wages on accounts that have been closed for over seven years?
James's answer
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Answered on June 26, 2015
Maybe. Not clear why IRS is garnishing wages for student loan debt. Need clarification.
Some things to consider:
-SOL for IRS to collect taxes...
Statute of limitations on CA trust and will If no ones contested since the settlor passed in 2008 that the gf is beneficiary
James's answer
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Answered on June 26, 2015
I assume you are referring to statutory notice provided in CA Probate Code. Trust contest rule is 60 or 120 days as stated.
Remaining facts are...
Report of Death of US Citizen on form DS-2060 from the Consul of US Department for person deceased Abroad. How to claim vehicle?
James's answer
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Answered on June 26, 2015
Maybe. Need for probate not likely.
No. Report of Death of US Citizen on form DS-2060 alone not sufficient authority to release vehicle.
Small...
Archived
MY SPOUCSE WAS MY SSI BENIFITS PAYEE , HE BEAT ME UP I LEFT HIM . IT TOOK ME 3 MONTHES TOO GET A CHANGE OF PAYEE. HE WROTE A
James's answer
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Answered on June 26, 2015
Interesting question involving crossover issues of Social Security, Family Law, Bankruptcy, Credit Repair.
If you do not understand the document,...
Archived
Can I and my mentally ill sister pursue our interest in a mobile home inherited by my mother who put it in my brothers name?
James's answer
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Answered on June 26, 2015
Yes. May be too late late to change title. When mother transferred to brother, it became his property.
Possible exceptions include:
-mother...
Archived
Does a Death Certificate from Abroad entitle illegal wife to his car?
James's answer
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Answered on June 26, 2015
No. Death Certificate alone not sufficient. Consular Certificate of Death will be required.
DMV website provides clear instructions on how to...
If there is no appointed Executor of an Estate, as power of attorney can I appoint one?
James's answer
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Answered on June 26, 2015
No. POA terminates at death of relative. You have no authority to appoint an executor.
Only your relative can appoint an executor. Only court...
My last payment for trial loan modification was returned by my bank. Will my loan modification be cancelled?
James's answer
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Answered on June 26, 2015
Maybe. Cancellation rights depends on number of factors, including, not limited to:
-terms of modification agreement;
-fulfillment of all...
Archived
PROBATE ISSUE: IS FILING A HEGGSTAD PETITION AN ADEQUATE RESPONSIVE PLEADING TO AN ADVERSARIES OWN PETITION & ORDER?
James's answer
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Answered on June 26, 2015
Maybe. Heggstad Petition may be appropriate under PC 850. Commonly used to fund assets into a trust after death or lack of capacity of trustor. ...