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I had a first and second mortgage on our house and the first foreclosed and auctioned the house for more than what was owed.
James's answer
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Answered on June 23, 2015
When first mortgage was foreclosed, the security interest of second was wiped out. Any excess proceeds from sale will be paid towards second and...
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My mom passed away and we found she had a trust with her large assets and a will with her small personal/household items.
James's answer
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Answered on June 23, 2015
It is common for persons to create a trust and will.
People often place large assets, such as home, bank accounts, furnishings in the trust.
May...
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Our successor trustee transferred the grantor's joint tenant bank account to one of the beneficiary on line (not in person).
James's answer
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Answered on June 23, 2015
Yes. Beneficiaries and heirs are entitled to accounting of successor trustee activities.
No. If true joint account, the joint owner can transfer...
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If beneficiaries suspect trustee, who was the grantor's care-giver, moved funds from revocable trust for his own interest,
James's answer
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Answered on June 23, 2015
Yes. Beneficiaries and heirs are entitled to complete copy of trust and amendments and complete accounting from successor trustee. Additional...
Archived
As a Succ Trustee do I need to notify a NON beneficiary?
James's answer
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Answered on June 23, 2015
Yes. Decedents' daughter is entitled to notice based on status as an heir.
Entitlement to accounting, rental proceeds governed by probate and...
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How can i find out if someone chasc power of attorney over my husband and a life ins policy?
James's answer
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Answered on June 23, 2015
Several ways to determine if someone has POA over you H:
-Ask H
-Ask the :friend"
-review recorded documents to determine in any POA has been...
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Can my dead husbands body be taken away from me legally?Can his relative sue me for what she volunteered to pay at the mortuary?
James's answer
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Answered on June 23, 2015
Maybe. You or person granted authority to dispose of remains in valid Estate planning document, such as Will or POA, have authority to direct...
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Can an attorney "not recognize" my Power of Attorney even after he received a letter revoking him as poa?
James's answer
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Answered on June 23, 2015
Yes. Person may refuse to recognize POA. However, there are specific penalties for failure to recognize an agent's authority under valid...
Archived
CAN LIFE INSURANCE COMPANY SEND MY BENEFIT CHECK TO ANOTHER NAMED ON THE POLICY?
James's answer
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Answered on June 23, 2015
Yes. Life insurance company will use name and address on record, unless advise to update/change the information.
Insurer will pay benefits to...
Archived
Can BOA foreclose on my condo if I send them less then the full amount?
James's answer
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Answered on June 23, 2015
Yes. BOA may foreclose if payments not made and BOA follows California procedure for foreclosure.
Contact BOA and request confirmation property...