Archived
In May of 2012 ,my house went in to foreclosure , the bank made a deal with me that,if I paid $2000 by a certain date, that
James's answer
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Answered on June 16, 2015
Facts are not clear.
If you overpaid by $2,000, the bank owes you a refund.
If loan modified, new terms and interest rates apply.
Archived
Can you be named as caregiver for a person in a will, trust? If so, can you dispute it?
James's answer
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Answered on June 16, 2015
Boyfriend cannot unilaterally impose on you the duty of caregiver for his mother or any other person. in his Will or Trust. He can state a...
Is it true that you can use a LLC to not have your assets included in probate? How does that work and what paperwork must be
James's answer
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Answered on June 16, 2015
Maybe. Must distinguish assets in LLC from LLC. Claficication:
Assets included in LLC will not be subject to probate.
Decedent's interest in...
Can heirs in a probate give their portion of the inheritance to nephews?
James's answer
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Answered on June 16, 2015
Yes. Heirs and beneficiaries may give their interest in an estate to another person. Best method to use is for heirs to assign their respective...
Archived
Trustee refuses to distribute funds from trust, and we can't get a hold of him.
James's answer
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Answered on June 16, 2015
Yes. there are steps that friend and mother can take.
Appears friend is beneficiary of Special Needs or Spendthrift Trust. Not clear if friend...
Archived
84-yo friend harmed by fall needs 24-7 caregivers, has long term ins. policy needing poa for healthcare and finances needs comp.
James's answer
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Answered on June 16, 2015
Friend may execute POA's for health care and financial matters and other estate planning documents if she is competent to do so. If no longer...
Archived
How long does an executor have to complete the probate process?
James's answer
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Answered on June 16, 2015
Court usually expects normal probate to be completed within 18 months of filing.
No special petition required to determine heirship in this matter...
Archived
If guardianship was filed prior too the divorce can I place the kids as part of the divorce?
James's answer
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Answered on June 16, 2015
No. Guardianship matters now controls. You may continue to object in guardianship matters. Do advise court in divorce proceedings of...
Archived
Is a automated collection call in violation of the TCPA(telephone consumers protection act) if it....
James's answer
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Answered on June 16, 2015
Yes, with restrictions. TCPA prohibits certain pre-recorded messages to residential phone lines.
I have provided link below with more information...
Archived
Help me with my will, power of attorney, my last wishes
James's answer
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Answered on June 16, 2015
Yes. Estate planning attorney may assist you in preparing effective estate plan which expresses you wishes.
Much more information needed to draft...