Archived
My dad passed away and their is no executor for his estate,what does my mom do to establish her as executor and there is no will
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Answered on December 01, 2014
Much depends on character of father's estate. Mother may need to open probate. May be able to handle with affidavit of small estate or spousal...
Archived
Can a house be sold even though it is supposed to go thru probate
James's answer
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Answered on December 01, 2014
No. If asset requires probate, it cannot be sold until so ordered by probate court. Probate needs to be opened for both estates. Consult probate...
Archived
My mother passed away in 2011, I moved into her house and didn't change the utilities into my name. I'm now moving and I called
James's answer
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Answered on December 01, 2014
Yes. Provide the death certificate.
No. POA not needed. Any authority you had under the POA expired at time of mother's death.
Archived
How do I file "Request of Stay" or something that I can place the Judgement ON-HOLD after trial? preparing for Appeal..
James's answer
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Answered on December 01, 2014
Yes. You must request court to stay enforcement of judgment. You must post bond. Bond cannot be posted until appeal filed.
Archived
How to order Sheriff department to release wage garnishment after the satisfaction of judgment has been filed with court.
James's answer
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Answered on December 01, 2014
Provide Sheriff copies of Acknowledgment of Satisfaction of Judgment form with Court's Minute Order.
If sheriff persists in not releasing money...
Archived
My bank received an “Information Subpoena & Restraining notice 1)What if I don’t respond 2)Chance to reverse the case
James's answer
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Answered on December 01, 2014
SOL is 20 years. Time to contest has passed. You can avoid any levy by not having any money in the account.
What is the last day I can file a motion to lift stay in bankruptcy action?
James's answer
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Answered on November 25, 2014
Question not clear. You refer to "claims bar date" and "motion to lift stay"
Claims Bar Date is deadline for creditors to file a proof of claim. ...
Archived
Debtor defaulted on installment payment. Should I send request to pay before sending letter of demand
James's answer
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Answered on November 25, 2014
Debtor is in default. You may enforce acceleration clause which makes entire note due and payable now. Your choice whether to send request for...
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Archived
California, Can the trustee sale of my home be void since the substitution of trustee was not properly executed?
James's answer
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Answered on November 25, 2014
Maybe. Cannot meaningfully respond without review of all underlying documents. Generally, CA court view SOT as a mere formality. If all other...
Archived
What if the lender refuses to take payment and I get locked out of my house while waiting for loan Mod to get approved?
James's answer
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Answered on November 25, 2014
This does not sound right. Generally, lender can only lock out after a writ of possession has been obtained. Not enough information to opine...