Archived
My father has a judgment lien and trying to sell his house, how likely is the lien holder to negotiate to a lower amount?
James's answer
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Answered on May 19, 2015
Depends. Some lenders more likely than others to negotiate reduced amount and payment terms.
Yes. Homestead exemption does apply.
Contact BK...
Archived
My mother died and her last legal will left my father as the sole executor of her estate. My father wants to give the jewelry to
James's answer
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Answered on May 19, 2015
Father executor has duty to follow terms of Will in making distributions.
If property properly distributed to father, he can now do with it...
Archived
Can the Usufruct be removed by the Naked owner if he is trying to sell the annuity and make unwise decisons
James's answer
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Answered on May 19, 2015
Yes. Usufruct can be removed using two bases for action:
-breach of terms of trust
-breach of fiduciary duty
Consult trust counsel to initiate...
Archived
As the foreclosing party on a property what are my rights to get the 1st TD to speak to me?
James's answer
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Answered on May 19, 2015
Holder of senior loan does not have "speak" to speak to you.
Obtain the LOA and file with BOA.
Continue to pay senior liens and keep them current.
My brother passed last month. No will, assets or spouse/children. What forms needed to have his March SSI funds released to me?
James's answer
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Answered on May 18, 2015
Depending on size of estate, you may be able to complete process using Small Estate Affidavit procedure and avoid necessity of formal probate. No...
Archived
My brother is planning and starting to take over my fathers estate by force.What are my options to stop him from doing this?
James's answer
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Answered on May 18, 2015
Situation you describe is not that uncommon.
If you are currently acting as your father's agent under DPOAH and DPOAF, you are only person...
Archived
My Dad wants to forward to me an inheritance he received from his Dad's estate.
James's answer
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Answered on May 18, 2015
Do not cash check. Doing so is fraud on at least two levels.
Father may provide qualified disclaimer to keep the money out of BK estate. Must be...
Archived
Is a non-revocable trust or revocable trust needed to secure a home from the state of California should you need long term care?
James's answer
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Answered on May 18, 2015
Depending on facts not provided, revocable or irrevocable trust may be appropriate to protect residence from Medi-Cal recovery. I have...
Archived
I live in California. My father lives in Alabama with his wife, and he has terminal cancer. Can I get any of his property ?
James's answer
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Answered on May 18, 2015
Maybe. Your rights are decided based on Alabama law, law applicable in jurisdictions in which properties located, Fathers estate plan.
consult...
Archived
Do I have to be notified for my rights to be taken away from me or can it be done without notification if it was done involunta?
James's answer
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Answered on May 18, 2015
Not clear what rights you are referring to.
General Rule: Courts and governmental agencies will not restrict rights without notice.
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