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My husband is trying to get money that was put into an educational trust for him. What do we need to do to get a court order?
James's answer
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Answered on May 18, 2015
First attempt should be to avoid necessity of court intervention and work with trustee to release funds. Various arguments may be available to...
Archived
This question relates to Foreclosure sales
James's answer
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Answered on May 18, 2015
Yes. Foreclosure purchasers often purchase "as-is" , subject to lax liens, junior encumbrances, HOA arrears, and other liabilities.
No. It is...
Archived
Probate I have sold my mother's home, for gross $360,000.00 net $339,366.00 the escrow co has send a 1099-S to IRS.
James's answer
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Answered on May 18, 2015
Estate tax threshold is $5,000,000. There will be no federal or state estate tax.
Liability for possible capital gain tax will be passed on to...
Archived
My husband just passed. We have joint accounts. Will tha bank freeze the assets when we advise them of the death?
James's answer
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Answered on May 18, 2015
No. Bank should not freeze accounts when notified of death. If accounts are true joint tenant or in other form of survivor account, the accounts...
Archived
Probate Judge today ordered a Case Management Conference. Is filing a Statement of Legal & Factual Issues to determine unusual?
James's answer
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Answered on May 18, 2015
This case has gone on very long time and is not very far along. Judge may be trying to force parties to prosecute matter or dismiss. Not unusual...
How do we get power of attorney over someone who is mentally ill?
James's answer
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Answered on May 18, 2015
POA not possible if brother-in-law does not have capacity to appoint an agent. If he is on a 5350 hold it is likely a temporary conservator will...
If you put a condo into a living trust. Do the trustee handle all the condo business like meetings and voting?
James's answer
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Answered on May 18, 2015
If condominium has been deeded to trust, it is responsibility of trustee to manage the condominium. This includes condominium business and voting....
Archived
Can i go to my bank to get copies of llc and trust documents I used to open several bank accounts. I live in california.
James's answer
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Answered on May 18, 2015
Bank retains copies of documents you described. Ability and time required for them to produce varies. Contact local manager and ask.
Archived
I need a really good debt collection attorney Los Angeles
James's answer
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Answered on May 18, 2015
Debtor ability to pay is very important before you proceed. Tenacity, knowing system and following rules are key to debt collection success. ...
Can I sue a Medical Billing company?
James's answer
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Answered on May 18, 2015
Yes. Based on facts cited, you may sue. May be possible violation of federal and state collection laws. However, based on amount stated, may not...