Does Ineffective Assistance of Counsel exist with probate cases in the state of Nevada? If so, how does one argue the case?
James's answer
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Answered on September 19, 2014
Agree with colleagues. IAC does not apply to probate. Malpractice is concept that applies. Not enough facts to opine on on real issue. Consult...
Archived
My first cousin once removed is having a baby and wants to put it up for adoption. Is guardianship a better option?
James's answer
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Answered on September 19, 2014
Depends. There are advantages and disadvantages to both adoption and guardianship. Consult counsel experienced in both areas for comprehensive...
Archived
Can social security benefits be garnished for pay day loans. Told collection agency that I am retired. Claim filing suit .
James's answer
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Answered on September 19, 2014
No. Social security cannot be garnished at the source (before it is paid to you). Only federal government can garnish at source. After money is...
Archived
Filed Bankruptcy 7 w/vehicle included
James's answer
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Answered on September 19, 2014
Agree with colleagues. If loan was properly listed on BK petition and schedules, you are relieved of personal liability for the debt. If...
DO i need a lawyer to file bankruptcy?
James's answer
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Answered on September 19, 2014
Yes. You need a lawyer to file BK. Yes. You can hire a paralegal. Paralegal cannot provide legal advice or represent you with court or trustee....
Archived
Why is my debt going up and not down for this judgment?
James's answer
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Answered on September 18, 2014
Review the judgment. It may provide for interest and costs of collection. Demand an accounting. Compare the accounting to judgment. This should...
Archived
Can I still collect unpaid bills from my accounting client?
James's answer
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Answered on September 18, 2014
Agree with colleague. You can sue for breach of contract and collect on contract 1, unless contract 2 completely settles and replaces contract 1. ...
Archived
How does a prison inmate nominate a guardian over his 11yo daughter?
James's answer
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Answered on September 18, 2014
Easy. File petition to be appointed as guardian in Los Angeles Superior Court. Your brother can file a pleading nominating you as guardian.
Can my mother sign over the rights of my little sister to me being that she is living in Texas (for 3 years) while we are in CA?
James's answer
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Answered on September 18, 2014
No. Mother cannot simply "sign Over the rights" of your sister. Mother can nominate you as guardian. You will need to file guardianship petition...
Archived
How to find and select a trustee or professional conservator for mentally ill adult currently conserved by public guardian
James's answer
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Answered on September 18, 2014
First step is to advise PG of concerns and ask to work with PG to resolve. If you cannot work it out with PG, will need to file petition to remove...