Archived
Property attorney demanding back rent from eviction. I have excellent income but I'm in debt & can't afford it . Please help.
James's answer
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Answered on March 31, 2015
Qualification to file BK depends on both income and expenses. Even with excellent income you may still qualify for C7 BK. If you do not qualify...
Archived
I want to file a bankruptcy. My house is held in joint tenancy with 4 ppl. How much of the house will belong to the court?
James's answer
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Answered on March 31, 2015
Your Bankruptcy estate created when you file Bk will include one-half of the amount of equity in the house. Equity is the difference between the...
Archived
Living Trust or Will?
James's answer
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Answered on March 30, 2015
Yes. Based on facts cited, trust is better alternative.
Yes. True that a trust can avoid necessity of probate.
Some advantages of trust over...
In CA, how long does it take to get letters to administer an estate? There is a house involved.
James's answer
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Answered on March 30, 2015
Time required to obtain Letters varies by jurisdiction. Los Angeles County is fairly quick. Count on approximately 6 to 8 weeks from time...
Archived
Is there any type of agreement so my mother can get an advance on her future inheritance?
James's answer
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Answered on March 30, 2015
Yes. Several ways to obtain advance on future inheritance. Procedure and parties involved varies depending on facts and whether source of...
How long does it typically take a settlement check to CLEAR the Attorney's Trust Account ?
James's answer
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Answered on March 30, 2015
Settlement time varies. Bank will notify owner of account when check cleared. Typically, a local check should clear in 2 to 5 business days.
Archived
Can trustee deduct legal fees from beneficiaries share of distribution?
James's answer
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Answered on March 30, 2015
Yes. Trustee may deduct legal fees caused by beneficiaries malicious behavior from their share of trust.
Archived
If a person dies in Mar. does his income tax still have to be filed and paid (Apr) on the deceased's behalf?
James's answer
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Answered on March 30, 2015
Yes. 1040 and 540 must be filed for both 2014 and 2015.
Yes. Insurer may investigate historic medical information and require proof of death...
Archived
I read a creditor has 1 yr from the date of decedent's death to file a claim? Is it better to open probate 1 yr after death?
James's answer
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Answered on March 30, 2015
No. Not to your advantage to wait. Drwabacks outweigh any possible advantage of waiting.
Note:
-creditor has four months after probate opened...
Trustee Notification under Probate Code Section 16061.7
James's answer
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Answered on March 30, 2015
No. Death of secondary beneficiary does not impose obligation on Trustor and Trustee to give notice to other beneficiaries. Reference PC 16061.7