Archived
I am out of a chapter 13 bankruptcy, my mortgage company is ordering me to pay 5000 back fees from a closed bankruptcy?
James's answer
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Answered on June 08, 2015
No. Mortgagee cannot add fees or costs related to pre-petition debt.
How was C13 BK "closed"? If you completed your C!3 BK and received a...
Archived
Probate allows statutory fee rates per code so why is it so hard to hire an attorney willing to petition Court for compensation?
James's answer
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Answered on June 08, 2015
Statutory fees stated in California Probate Code relate to fees paid to attorney representing the personal representative or executor in a probate...
Archived
Can the bank re-landscape and rekey our home if it's not in foreclosure?
James's answer
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Answered on June 08, 2015
Probably not. General rule is bank has no right to enter property and take actions described until foreclosure has been completed.
Some possible...
Archived
CAN A PERSON FORCE PROBATE WHEN THERE IS STILL ANOTHER OWNER OF A PROPERTY. THIS PERSON WANTS TO FORCE PROBATE.
James's answer
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Answered on June 08, 2015
Maybe. Answer depends on how title is held.
If deceased person held ownership interest and the interest is part of decedent's probate estate,...
Archived
If we start my Mom's probate w/an attorney & we need to hire a new attorney, do we pay both the probate percentage?
James's answer
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Answered on June 08, 2015
No. Statutory fees are not doubled when another attorney is substituted into case. The statutory fees will be divided among attorneys who worked...
Archived
How do i prevent my ex sister in law from sprinkling my ex husbands ashes at sea?
James's answer
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Answered on June 08, 2015
You are not longer married to ex-H. Therefor, you do not have priority in appointment as executor or personal administrator. If you have a Will...
Archived
My grandmother died leaving my mother asa executor ,now my mothers boyfriend is manipulating her to evict me from the place ive
James's answer
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Answered on June 08, 2015
Boyfriend cannot do this.
Starving GM to death is elder abuse and a crime.
Contact local law enforcement, district attorney, estate planning...
Archived
I am considering filing a conservatorship, but what is the difference between a conservatorship and public guardian conservator?
James's answer
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Answered on June 08, 2015
Conservatorship can be granted and an individual, such as yourself, can be appointed conservator. Or, Public guardian can be appointed...
Archived
Father-in-law left no will, trust or listed beneficiaries on bank accounts.
James's answer
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Answered on June 08, 2015
Retain probate counsel immediately. ExParte petition to disburse funds for burial needs to be filed.
Archived
Debt of spouse upon death.
James's answer
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Answered on June 08, 2015
No. You are not responsible for deceased H debts incurred before marriage. They are his SP debts.
Consult EP counsel regarding re-titling...