Archived
Does my mom need to have a will? She has one that she wants to destroy and no longer wants one since property not in her name.
Mark's answer
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Answered on June 07, 2015
A will can be revoked. To avoid confusion and disputes, it is best to do so by an express written Revocation of Will. But your Mom may not need...
Archived
I am out of a chapter 13 bankruptcy, my mortgage company is ordering me to pay 5000 back fees from a closed bankruptcy?
Mark's answer
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Answered on June 06, 2015
If you received your discharge, and the fees relate to a pre-petition debt that was scheduled, you may have a claim against the creditor for...
Archived
What happens when you file a claim of exemption later than 10 days on a wage garnishment?
Mark's answer
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Answered on June 06, 2015
You can file a claim of exemption at any time, which will affect the creditor's right to levy in the future. It might make sense to consider your...
Archived
How likely is the trustee or a creditor objecting to a chapter 7 BK to personal loan incurred in the last 90 days of you filing?
Mark's answer
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Answered on June 06, 2015
Not likely unless the loan was incurred for luxury goods or services.
Archived
What type of lawyer do we need because some of the soil under our properties has been contaminated due to chemical spills ?
Mark's answer
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Answered on June 06, 2015
You (and your neighbors) need a litigation attorney who can arrange an appropriate expert (soils scientist) to examine and report, and who in light...
Archived
What is the criteria for an employee to be classified as exempt from overtime pay in CA?
Mark's answer
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Answered on June 06, 2015
In addition to examining your duties (as Mr. Holman) states, you cannot be an exempt employee unless your compensation is at least twice the...
Probate judge said I have "Notes to Clear" and rescheduled my probate hearing. Can anyone translate or explain A-F below to me?!
Mark's answer
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Answered on June 05, 2015
A competent probate attorney can translate the standard abbreviations used in probate notes and help you file the documents you need. There is a...
Can you quit claim a property held in trust to one of the beneficiaries? co-trustees in revocable trust
Mark's answer
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Answered on June 05, 2015
Yes, a trust can convey property, just like an individual or entity (e.g., corporation) can.
Archived
What do I need to have full guardianship of my little sister?
Mark's answer
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Answered on June 05, 2015
You must file a Petition for Appointment of Guardian on Form GC-210 in the Superior Court, pay the filing fee, and appear at the hearing. I'm...
Archived
Question regarding service of court documents
Mark's answer
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Answered on June 04, 2015
I agree. But the fundamental point for you is that it almost never pays to duck service. If a defendant cannot be served despite reasonable...