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James Charles Shields's Answers (27631)

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Archived

My brother is using an unsigned amendmendment to a trust to say he gets everything. I am the sister that is to share 50:50

James's answer | Answered on May 31, 2015

Yes. You are correct in stating that an unsigned, unwitnessed, undocumented amendment is not valid. Yes. You may have brother removed as...

Archived

Husband wants to disinherit me by using a trust. What is my best course of action?

James's answer | Answered on May 31, 2015

Your best course of action is to immediately retain counsel. Yes. You have rights based on CP acquisitions, contributions during 30 years...

Archived

How to find a will after death of a family member.

James's answer | Answered on May 30, 2015

No single method always works in trying to locate a Will after death of decedent. Some techniques i have found successful include...

Archived

I won a breach of contract case. The debtor is a beneficiary to a trust with real property. Can I attach my judgment to it?

James's answer | Answered on May 30, 2015

No. Abstract of Judgment only attaches to property in county in which debtor has ownership interest. Will not attach if title to property is...

Archived

Can i dispute satisfactory accounts in my credit if innacurate

James's answer | Answered on May 30, 2015

Yes. You may dispute any and all inaccurate information of your credit report. May be in best interest to dispute inaccurate satisfactory...

Archived

Can my partners mother just throw me and my stuff out and now be staying in our apartment leaving me out on the street

James's answer | Answered on May 30, 2015

Maybe. Partners mother rights to evict you depend on what, if any, rights you have a occupant or tenant and mother's rights as owner of building. ...

Archived

What if I buy all an heir's rights, rather than take a percentage?

James's answer | Answered on May 30, 2015

Yes. You may purchase full interest of an heir in an estate. Court may inquire regarding assignor's right to assign and equity of the assignment....

Archived

What it's the time limit on collecting a debt from a deceased persons estate and do you have to file a creditors claim to get it

James's answer | Answered on May 30, 2015

Yes. You must file Creditor's Claim. Claim deadlines governed by California Probate Code Section 19100 as follows: (a) A creditor shall file a...

Archived

What possible options do I have for my father with dementia along with a host of medical problems at a future court date.

James's answer | Answered on May 30, 2015

Not clear what "future court date" is for. Need more information to opine further. Father entitled to VA benefits for 100% service connected...

Archived

Will our property go to probate?

James's answer | Answered on May 30, 2015

Maybe. Deed may be valid transfer to you and brother. Recording not essential to validity. Notarization not essential to validity. No. Bad...