If a trust states "It is the settler's wish that the beneficiary not sell the property", is it legally binding?
James's answer
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Answered on January 15, 2015
Probably not. If language quoted is in the trust, it is precatory only. This means it is Trustor's wish, not a requirement. Beneficiaries have...
If my grandmother gifted her house to her daughters months before she passed and changed the deed to their names,
James's answer
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Answered on January 14, 2015
Possibly. Granddaughter and son will need to prove deed not valid if she attempts to have the home included in the estate. Daughters need to prove...
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GRANDMOTHERS HOUSE WAS GIFTED TO DAUGHTERS AND DEED WAS CHANGED TO THE DAUGHTERS NAME, MONTHS BEFORE HER PASSING
James's answer
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Answered on January 14, 2015
Possibly. Granddaughter will need to prove deed not valid if she attempts to have the home included in the estate. Daughters need to prove...
Archived
Is this worth the cost of hiring a lawyer?
James's answer
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Answered on January 14, 2015
Answers to your questions depend on facts not provided. Some observations:
Is this worth pursuing in the way civil litigation?
How much money is...
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My grandmother gifted her house to her daughters and had it notarized and filed properly, and had a doctors note
James's answer
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Answered on January 14, 2015
Possibly. Granddaughter will need to prove deed not valid if she attempts to have the home included in the estate. Daughters need to prove...
Archived
I am a defendant in an unlawful foreclosure. The jury found in favor of plaintiff on 11/17/14. I filed a notice for intention to
James's answer
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Answered on January 13, 2015
Yes. If you filed a valid notice of intention to move for a new trial in a limited jurisdiction your time has been extended. Reference CA Rules...
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Does Bankruptcy protect me from short sale deficiency 2 years later?
James's answer
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Answered on January 13, 2015
Maybe. If you received a discharge of debt, and have not refinanced after discharge, there will be no "forgiveness of debt" tax liability.
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Best way to get interest lowered on an existing mortgage with bad credit?
James's answer
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Answered on January 13, 2015
Best way to obtain more favorable interest rate is to re-establish good credit. Consider approaching lender and re-scheduling payments. Many...
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Filing Chapter 13, but I don't know who owns my mortgage, so how do I list the debt on my schedules?
James's answer
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Answered on January 13, 2015
List both the mortgage servicer and owner of the debt. Important that both be listed to ensure proper notice provided. No harm in listing more,...
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I don't want to sign the limited power of attorney addendum to the agent's agreement. Can I agree to that later?
James's answer
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Answered on January 13, 2015
Maybe. Generally, you cannot be compelled to execute a POA. However, this may be a question of relative bargaining strength. Will agent still do...
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