I paid off my consumer credit card to Synchrony bank and they claim they didn't receive it, but I have a copy of cleared check.
James's answer
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Answered on May 26, 2015
Your rights have been violated under California and Federal Fair Debt collection Statutes. Present proof of payment and demand letter to creditor...
Archived
I filed Chapter 7 and was not in my home at the time of filing so didn't receive the exemption. I have back taxes but the
James's answer
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Answered on May 26, 2015
Yes. C7 Trustee has power to sell home and pay creditors, including taxes. Taxes will be paid on priority basis.
Yes, You have right to convert...
Archived
Can a lawyer force you to bring investments from another country even though it goes through its own probate process?
James's answer
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Answered on May 26, 2015
No. Assets owned in another country are not subject to jurisdiction of CA probate court. While they are part of decedent's estate, a CA probate...
Archived
If i feel that my one of my parents were under undue influence when they were doing the estate planning with our estate planning
James's answer
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Answered on May 26, 2015
Your parents are the clients of attorney that prepared estate plan. Some suggestions:
-Immediately discuss your concerns with your...
Archived
If a llc manages a irrevicable trust that owns real estate and they refinance a building. Who gets the funds. The manager of
James's answer
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Answered on May 26, 2015
Answer depends on terms of LLC and Trust.
Not clear from your question which entity owns the building. In absence of contradictory language, the...
Archived
Here is more info. I filed for a conversion to a 13 then few days later Trustee filed to sell property to pay his fees and one
James's answer
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Answered on May 26, 2015
You have automatic right to convert from C7 to C13, Proposed C13 plan must be confirmed.
Time of the essence. Consult BK counsel to get the...
Archived
I will be relocating to another state, is bankruptcy advisable during the divorce or should I wait until the divorce is final?
James's answer
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Answered on May 26, 2015
Many factors affect decision regarding when to file BK.
General rule is to file BK before divorce completed. Some advantages:
-provide clarity...
Archived
The executor of a will changed it without permission, what could happen to her?
James's answer
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Answered on May 26, 2015
Only the testator can change the Will. Executor may be subject to sanctions, surcharge, removal by court.
Terms of original Will remain unchanged.
Archived
Land Ownership: Owner Father MIA. Been paying the taxes on it for 15+ years. Stuck with a property I can't sell or lease.
James's answer
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Answered on May 26, 2015
Best options:
1. Petition probate court to have father declared deceased and property distributed to heirs.
2. Adverse possession claim.
Archived
What are a Live In 24 Caregivers Rights?
James's answer
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Answered on May 26, 2015
Yes. Caregiver has right to be paid outstanding wages for services provided to decedent.
Unclear whether this involves probate or trust. Need...