Questions answered by James Charles Shields

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Gifting money annually to a certificate of deposit

James's answer | 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.

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Can one of three inheritors sell said property when the other two do not wish to sell at this time?

James's answer | Answered on May 15, 2015

Yes. Possible for one of multiple inheritors to sell against wishes of co-inheritors. However, procedure you describe is not legal. Party who...

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Looking for probation lawyer pro bono for minimal help. I have most of it done. Father's belongings and vehicle were stolen.

James's answer | Answered on May 15, 2015

Check court website and Los Angeles County Bar Association for possible no cost assistance.

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Father died in January - lawyer still hasn't had a formal reading of the will (or maybe I was overlooked). How do I get copies?

James's answer | Answered on May 15, 2015

Formal Reading of Will not done anymore. Not necessary. You may obtain copies by making demand of whomever has them.

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Can I sue a creditor who wrongfully sends me to collection.

James's answer | Answered on May 15, 2015

Yes. You may sue creditor that wrongfully sends you to collections. Additionally, you may have colorable case against Collector under FDCPA and...

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Why are my siblings in continuing contact with the fiduciary of my special needs trust? Is this normal or legal?

James's answer | Answered on May 15, 2015

Maybe. Depending on terms of trust and nature of communications, the communications among siblings and trustee may/not be legal. You may wish to...

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Living Trust, Can the Trustee authorize changes in trust administration

James's answer | Answered on May 15, 2015

Maybe. Depends on terms of trust, revocable/irrevocable status, other terms. However, there are other means available to accomplish desired...

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A trust prohibits an action by one beneficiary but not by others.

James's answer | Answered on May 15, 2015

No. Trust controls distribution rights. Beneficiaries cannot alter terms of trust if it has become irrevocable. However, beneficiaries may...

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If a beneficiary in a trust is deceased is it automatically passed to the heirs or does it have to be specifically written?

James's answer | Answered on May 15, 2015

No, it is not automatic. If beneficiary of trust is deceased, the bequest will pass to others based on terms of trust. Review terms of trust to...

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I have a creditor that sent me a SUM-100 on April 21 (filed). I paid them off back in November and have the letter to prove it.

James's answer | Answered on May 15, 2015

You must file Answer or risk default judgment. Consult BK counsel.

James Charles Shields's Answers (27632)

Gifting money annually to a certificate of deposit

Can one of three inheritors sell said property when the other two do not wish to sell at this time?

Looking for probation lawyer pro bono for minimal help. I have most of it done. Father's belongings and vehicle were stolen.

Father died in January - lawyer still hasn't had a formal reading of the will (or maybe I was overlooked). How do I get copies?

Can I sue a creditor who wrongfully sends me to collection.

Why are my siblings in continuing contact with the fiduciary of my special needs trust? Is this normal or legal?

Living Trust, Can the Trustee authorize changes in trust administration

A trust prohibits an action by one beneficiary but not by others.

If a beneficiary in a trust is deceased is it automatically passed to the heirs or does it have to be specifically written?

I have a creditor that sent me a SUM-100 on April 21 (filed). I paid them off back in November and have the letter to prove it.