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Dad moved from MI to CA. Does he have to redo trust for CA law? What happens if he doesnt. Has CD & MMA in MI.Should move to CD
James's answer
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Answered on October 23, 2014
May or may not be necessary to amend all or portions of his trust, In Ca a probate is necessary if estate value exceeds $150,000. I generally...
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Who requires notice of a demurrer hearing in probate court?
James's answer
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Answered on October 23, 2014
All parties and beneficiaries are entitled to notice of the demurrer and hearing date thereon.
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My father died 2 years ago. I dont know if his estate had a will. Can I file a probate action to get 1/2 of the estate?
James's answer
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Answered on October 23, 2014
Assuming all assets were not held in joint tenancy or other survivorship form and estate valued at more than $150 a probate is necessary. If a...
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What is the best way to demand the promissory note from a federal student loan debt collection agency ?
James's answer
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Answered on October 21, 2014
Dispute the debt in writing and demand copy of the underlying note and agreement.
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I've been summoned for debt collection. How do I respond?
James's answer
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Answered on October 21, 2014
Have you been sued on a credit card debt or summoned to a debtor examination? In either event, you must respond appropriately. File response to...
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US District Court Subpoena on a closed bankruptcy adversarial proceeding
James's answer
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Answered on October 21, 2014
Motion to Quash may be premature and not useful. If litigation currently pending, the bank will probably be required to comply with the terms of...
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Is NOD, NOTS both defective and foreclosure sale void? and Trustee does not have authority to foreclose?
James's answer
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Answered on October 21, 2014
You state several defects in process which may be basis for rescission. Consult foreclosure counsel and review entire chain of events.
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What can I sue for when someone forges a power of attorney?
James's answer
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Answered on October 21, 2014
Yes. Based on facts presented, you can sue your "mutual acquaintance". You will need to immediately file joinder in the divorce matter. Need...
Defective Substitution of Trustee in Violation of the Deed of Trust, Can sale be VOID?
James's answer
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Answered on October 20, 2014
Yes. Sale may be void. Review all documents with BK counsel. May be assignments or other explanation for the way in which the document was...
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Cost of a Living Trust?
James's answer
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Answered on October 20, 2014
Agree with colleagues. Fee estimates seem reasonable. However, fees and costs may vary depending on the unique facts of your case. You are...