Archived
What type of motion do I file to recover $20,000 which was withheld for the sole purpose to file an estate tax return?
James's answer
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Answered on April 14, 2015
File motion to compel distribution. regarding other issues you cited:
1. Completing tax reporting requires filing IRS 706 Estate Tax Return. ...
Archived
I was left an inheritance by my deceased grand mother. my aunt was left in charge of the inheritance and has died. Help??
James's answer
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Answered on April 14, 2015
Be proactive. Obtain copy of Will, Trust, other EP documents from aunt or other source. Review all documents and facts with probate counsel.
Archived
Since 2009 I have many credit cards unpaid & in collections. I lost my house & job. The HOA has a judgment against me. How
James's answer
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Answered on April 13, 2015
Facts you cite indicate C7 BK is best option. SOL for unpaid credit card debt is usually 4 years. Civil judgments valid ten years and can be...
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California: Can a Memo of Costs... Declaration of Accrued Interest be filed 30 months after the judgment after trial was filed.
James's answer
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Answered on April 13, 2015
Yes. Memorandum of Costs and declaration of Accrued Interest can be filed at this time.
Archived
Notice of Levy under Writ of Execution Money Judgment has me listed as debtor and garnishee for Real Property? Is this correct?
James's answer
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Answered on April 13, 2015
Maybe. Impossible to interpret legal documents without reviewing the documents and knowing procedural history of matter. Writ does a case number...
Where can I find a bankruptcy petition preparer?
James's answer
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Answered on April 13, 2015
I do not recommend using petition preparer. More cost effective method is to hire BK counsel. petition preparer cannot represent you in court or...
Archived
Can creditor renew judgment if Abstract was filed on my home then a chapter 7 bankruptcy discharge later on. Will renewal viola
James's answer
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Answered on April 10, 2015
Yes. Renewing the Abstract can be interpreted ans an attempt to collect a debt and a violation of BK stay. You are discharged from personal...
Archived
California - Interest after judgment on writ of execution is wrong. How to correct? Does it matter?
James's answer
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Answered on April 10, 2015
Contact creditor and demand memorandum of costs and updated demand calculation including TTD interest and costs. If you disagree, present your...
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Can neighbor and hoa sue me for not replacing tiles to hardwood floors when condo is under probate?
James's answer
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Answered on April 10, 2015
No. Explain to HOA that property is is probate and you do not have authority to make capital improvements at this time. Only possible exception is...
Archived
Probate
James's answer
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Answered on April 10, 2015
Yes. You may initiate probate and introduce the Will in the process.
Yes. You have a duty to produce the Will and perform diligent search for...