Archived
My dad only had a will. My sister says the life insurance is hers because her name was the only one on it. Also the house had
James's answer
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Answered on January 22, 2015
Maybe. Depends on beneficiary designations and form of title.
Insurance: If sister is named beneficiary of insurance policy, she is entitled to...
Archived
Renew a Judgment when the Judgment Creditor is dead? Can the executor renew the judgment?
James's answer
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Answered on January 22, 2015
Yes. Executor can renew the judgment. Probate required to confirm judgment is property of estate and confer authority upon executor to take...
Archived
My name was signed to a promissory agreement and it is not my signature, what do I do?
James's answer
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Answered on January 22, 2015
Two possible defenses you can assert include: Time barred debt, forgery.
If debt time barred. Creditor cannot legally seek to collect after you...
Do I need to pay the account that's 'closed at credit grantor's request'?
James's answer
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Answered on January 22, 2015
I recommend against paying this time barred debt which has been closed at grantor's request". Weigh possible benefits against detriments:
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Archived
Am I responsible for my wife's credit card debt?
James's answer
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Answered on January 21, 2015
Possibly. Depends on several factors, including, not limited to:
-co-signer on the account?
-debt incurred during marriage for CP...
Does a Judge hear contested issues related to payable upon death accounts in addition to probate?
James's answer
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Answered on January 21, 2015
Yes. Probate judge has authority to hear contested issues related to POD account alleged to be part of probate estate.
Yes. Probate judge will...
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Archived
Can I file an AMENDED DE-154 - Request for Special Notice and is there a time deadline to file.
James's answer
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Answered on January 21, 2015
Yes. Write AMENDED DE-154 on top of form and file. You will be required to pay an additional filing fee to file the document.
Archived
Do I have a right to know before Mom passes the details about what is in the trust?
James's answer
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Answered on January 21, 2015
Probably not. If trust remains revocable, you do not have right to inspect during Mother's lifetime unless she agrees to provide copy to you. One...
Archived
Can a trust beneficiary succeed disputing an amended trust done so, 6yrs.ago?
James's answer
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Answered on January 21, 2015
Maybe. Success or failure of party attacking a trust and amendments depends on facts. Most common successful attacks involve claims of undue...
Archived
Should a co-Trustee discover embezzlement by fellow co-Trustee, is he obligated to file criminal or civil charges (or both)?
James's answer
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Answered on January 21, 2015
Co-Trustee has fiduciary duty to monitor acts of co-trustees. Question whether co-trustee has duty to discover embezzlement is one of fact and...