Archived
Are there any penalties, fines for not filing a probate? Our Estate is controlled by a Family Trust, and all assets are joint.
James's answer
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Answered on June 11, 2015
Probate not necessary if assets are held in trust. However, you may have obligation to administer the trust Review with probate counsel.
Archived
I have a question on the subject of caveat. If original caveators died or sold the land to others, is the caveat still valid? Th
James's answer
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Answered on June 11, 2015
Caveator is an obscure legal term not commonly used today.
If you are referring to an easement, the easement generally attached to land and...
Archived
I paid $300 for progressive lens in cash. Medicare sent me a check for about $98. Now he wants me to pay the $98 to him.
James's answer
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Answered on June 11, 2015
You must pay contracts amount. Check contract to determine amount owed.
Archived
What is fee structure for assignee in abc proceeding? percentage of total estate or flat fee?
James's answer
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Answered on June 10, 2015
Fee structure assignee for ABC varies and is negotiable. Many factors determine fee structure, including, not limited to: risk, size of...
Archived
Within 30 days ?
James's answer
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Answered on June 10, 2015
Yes. There is a duty to lodge Will with superior court in jurisdiction in which decedent lived within 30 days of death of decedent.
Yes. Duty to...
Archived
Outright gift
James's answer
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Answered on June 10, 2015
Yes. You can make the gift. However, the gift can be set aside as a fraudulent transfer because it is made after you are aware of pending...
Archived
Interest rate to apply for money lent to a friend
James's answer
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Answered on June 10, 2015
Interest rate is governed by loan agreement among you and friend. Some points to keep in mind;
-In absence of contractual rate, 10% is standard...
Archived
I take care of a 90 year old . He gifted me his 2 houses.his children are suing me in probate to get the houses back
James's answer
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Answered on June 10, 2015
Yes. Lawsuit in probate court is appropriate. Based on facts cited, most likely theories include, not limited to:
lack of capacity, undue...
Archived
Does a social worker need to be involved to petition legal guardianship of a (17) minor in a dependency court?
James's answer
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Answered on June 10, 2015
Maybe. If DCPS has been involved in matter in past, Dependency Court will want to hear from them.
Maybe. If case is already in Dependency Court,...
Archived
How close to a Civil Trial can you get before filing for bankruptcy?
James's answer
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Answered on June 10, 2015
Yes. You may file BK at any time. Filing BK will stay the civil trial. BK will also discharge any dischargeable judgment if the civil trial...