Is it common for a short sale lawyer to ask us to fill out a power of attorney for them to represent us?
James's answer
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Answered on October 27, 2014
Yes. It is fairly common practice for counsel representing a party in short sale to obtain a POA. Real question is what powers granted in the...
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How long after a person passes away can a probate be filed & could any transfers of property that has happened since be unwound?
James's answer
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Answered on October 27, 2014
No statutory time period limits on when a probate may be opened.
Before you proceed, answer some preliminary questions: Did mother and father...
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How long does it take in the Los Angeles superior court to make a distribution once the probate case`has been granted,
James's answer
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Answered on October 27, 2014
Question not clear. What do you mean by ". . once the probate case has been granted."
General sequence of events and timing in a probate matter...
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Is the revised Probate Code 5301a retrocactive?
James's answer
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Answered on October 27, 2014
Generally. if mother is still living, the probate code does not apply. Action proper under civil law.
If mother is deceased, or related mater...
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Business Purchase Agreement was breached on 3 provisions. Business under another name and filed for bankruptcy #7 (2 months ago)
James's answer
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Answered on October 27, 2014
Too many details not provided to opine. Is this 7th BK or C7 BK? What provisions breached? What remedies provided for in agreement? What do you...
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What kind of attorney would I need to see if I have a case against a bank for mismanagement/negligence of a trust?
James's answer
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Answered on October 24, 2014
I assume you are referring to mismanagement of performance of duties as professional trustee. Review all facts with trust litigation counsel.
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In an irrevocable trust which gives the trustee 100% discretion, how much "discretion" do the courts really allow?
James's answer
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Answered on October 24, 2014
Trustee has as much discretion as granted and court determines is consistent with intent of trustor. Court will interpret trust and trustee...
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Can a lawyer collect a debt that is 7 or 10 years old?
James's answer
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Answered on October 24, 2014
Yes. A debt that is more than ten years old can be enforced and collected. Garnishment can only proceed if creditor has already obtained a...
What happens if I don't pay an ambulance bill while on tourist visa?
(I only gave my name and my host's address)
James's answer
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Answered on October 24, 2014
Unlikely creditor will file collection suit in France on a debt this size. Cost of pursuing lawsuit to judgment would exceed amount of debt. ...
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Debt Collection: Which qualifies as initial contact?
James's answer
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Answered on October 24, 2014
Law requires creditor to mail to last known address. Does not require that you actually receive the notice. Failure to include "required notices"...