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James Charles Shields's Answers (27632)

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Archived

3 kids each petition conservatorship over sic ma's estate; neutral conservator now. should I watch bro n sis fight or join war?

James's answer | Answered on August 12, 2014

I agree with colleagues. You must participate to have your voice heard. At minimum, appear at hearing and tell court what you know and what you...

Archived

My crazy relatives hired an attorney 6 months ago in regard to becoming my grandfather's legal guardian since he was locked away

James's answer | Answered on August 11, 2014

You may need representation to protect your own interest in grandfather's estate. I would need to review the conservatorship and probate pleadings...

Archived

My mothers estate property sold for 255,788. But only 172,000. Was deposited into a blocked account. Was that done correctly?

James's answer | Answered on August 11, 2014

I agree with colleagues. Many factors can account for difference between sale price and net proceeds from sale (common examples: loan payoff,...

Archived

How long does it take to settle a will in probate court after a person dies?

James's answer | Answered on August 11, 2014

Agree with colleagues. Reasonable range is 6 to 12 months if no real property to be sold and no objections. Sale of real property and/or...

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Mom died no will husband is taking me to court will I get anything or does hubby get it all

James's answer | Answered on August 11, 2014

Agree with colleagues. Do not rely on step father for legal advice. Generally, when someone dies without a will, the spouse will get a fixed...

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Do I have to pay capital gains on my deceased father home sold in probate

James's answer | Answered on August 11, 2014

Agree with colleagues. Question states home was quit claimed by father in 1989. Does not state home ever returned to father's estate. On these...

Archived

In CA, is there really a 30 day deadline from the date of a person's passing to submit the will to probate?

James's answer | Answered on August 11, 2014

Agree with colleagues. Generally, you want to initiate the process as soon as practical. See Probate Code sections 8200 and 8100 et. seq. ...

Archived

Can anybody point me to a good source of info for enforcing an award of sanctions against a creditor in BK court?

James's answer | Answered on August 11, 2014

I recommend you hire BK counsel to assist. If you wish to do this on your own, I recommend reading NOLO book on point.

Archived

I am 26. $60k student loans $30k in credit card and miscellaneous debt. Unemplyed. Exhausted all resources. Best options?

James's answer | Answered on August 11, 2014

I agree with colleagues. You do not appear to have sufficient resources to propose a debt settlement. Cresit card and other miscellaneous debt...

Archived

I have a signed order from a bankruptcy judge awarding sanctions against a creditor. Do I need to submit a proposed judgment?

James's answer | Answered on August 11, 2014

Review FRBP Rule 9014(c) which governs judgments in contested matters (i.e., law & motion matters). Yes. Prepare a judgment and lodge it pursuant...