Archived
Is it appropriate to ask to use a tape recorder in an estate planning attorney's office? With no one to help take notes at this
James's answer
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Answered on June 26, 2014
I agree with my colleagues. There is no law forbidding recording your conversation with an attorney. I suggest you ask the attorney if he or she...
How can we find a lawyer that does pro bono work in probate?
James's answer
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Answered on June 26, 2014
Probate fees in California are approved by the court. You may wish to seek an attorney that is willing to defer being paid until the estate is...
Archived
My dad died and I found a probate attorney. He charged me $15000 in advance for his services.
James's answer
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Answered on June 25, 2014
I agree with majority of comments by colleagues. Generally attorney fees must be approved by probate court. Costs can be advanced. Be very...
Archived
Is there a legal means to force a bankruptcy trustee to distribute assets?
James's answer
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Answered on June 25, 2014
Colleague observations are very good. Three years is a long time to hold case open. However, trustee can hold open the case if there is good...
Archived
California. Chapter 7. bankruptcy file individually. Married 1 year. Husband has 2 properties. Can they say I have equity asset?
James's answer
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Answered on June 25, 2014
Colleagues comments are helpful. California is community property state. generally this means all property acquired during marriage as result of...
Archived
Will a Chapter 13 bankruptcy work for me?
James's answer
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Answered on June 25, 2014
i agree with colleagues comments. The burden is on you to prove you can execute a feasible plan of repayment on a best efforts basis. C13 may be...
Archived
I was trying to get a home equity loan, my house is paid for.my husband passed away and the bank said the title is in both our n
James's answer
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Answered on June 25, 2014
I practice in California. My observations reflect California law. Exactly how is title held? If joint tenancy with right of survivorship, no...
I need to file a written objection to a petition in probate and also include myself as a creditor. How can I do this; Fresno, CA
James's answer
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Answered on June 25, 2014
You can file a petition to probate your father's estate and request appointment as personal representative. If a case already filed you need to...
Can the BK Trustee prevent me from voluntarily dismissing my chapter 7 case shortly after the 341 meeting but before a discharge
James's answer
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Answered on June 25, 2014
Colleague answers are very helpful. Trustee has broad discretion to re-schedule or continue the creditor's meeting for good cause. Generally,...
Archived
In the california probate law 6452 is the minority law age is 1 thru 7 or 11 thru 18.
James's answer
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Answered on June 25, 2014
California Probate Code 6452 relates to an "out of wedlock birth". The age of minority in California is 18 years.