Archived
Can a naked owner remove the usufruct if he is abuseing and trying to sell the annuity just so he can get his money even faster?
James's answer
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Answered on May 18, 2015
Father cannot sell annuity without court order. He must petition for order. Children, or their representative, may petition court to remove father.
Archived
I am trying to do a loan mod. on my second loan to Manases investments to modify my loan .
James's answer
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Answered on May 18, 2015
No. Based on facts presented, you may not sue.
Archived
Hello why is it that all Attorneys tell diffident things and no one doesn't know who to believe
James's answer
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Answered on May 18, 2015
Question not clear. Many more facts needed. Consult probate counsel in person and face-to-face.
Archived
If a small percentage of money from a foreign deceased's US bank account leaves the US, is it necessary to file a tax return?
James's answer
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Answered on May 18, 2015
Yes. based on facts provided. estate tax returns necessary. All beneficiaries must be named on petition for distribution. Carefully review with...
What is court confirmation for probate and when is it required?
James's answer
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Answered on May 18, 2015
Court Confirmation is the process including court supervision of the process of selling/auctioning real estate assets of an estate. Bidders...
Archived
How to get probate commissioner to investigate the handling of Case. can't afford attorney and legal aid doesn't handle probate.
James's answer
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Answered on May 18, 2015
Your role and standing in matter not clear. If you have standing and, ruling not final, you may file petition for review with the court. If...
Archived
If not an LLC in good standing, is foreclosure sale valid?
James's answer
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Answered on May 18, 2015
Foreclosure may be set aside. Consult BK counsel.
Archived
A creditor went bankrupt on us , can we still go after his Ex wife for payment of our judgement.
James's answer
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Answered on May 18, 2015
Yes. If ex- W participated in the fraud you may proceed against her.
Be advised that a debt as result of fraud is not discharged in BK.
Consult...
Archived
My plan is irrevocable after first death, no distribution, and complete distribution on second
and final death. Problems?
James's answer
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Answered on May 15, 2015
Your gross estate is under estate tax threshold today. Threshold may change in future. Your EP should provided for possible changes.
Not sure...
Archived
Gifting money annually to a certificate of deposit
James's answer
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Answered on May 15, 2015
Yes. Parent may make gift in form od CD.
Yes. This is treated as a time period gift.
Yes. Gift will qualify for annual exclusion.
