Archived
My dad passed away in April of 2012, Do I transfer the deed of the property and vehicals to myself as executor?
Michael's answer
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Answered on November 18, 2012
No, you are not an "executor" until and unless you are appointed by the court. In order to clear title to any real estate, probate is probably...
Regarding CCP 337.32, (6) what does "superior right" mean and do the quotes mean I should put this into my affidavit verbatim
Michael's answer
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Answered on November 18, 2012
There is no C.C.P. section 337.32(6). However, if you are filing an action on behalf of your sister, you need to be appointed by a court to act on...
Archived
Is there any significance that the opposing party wants to settle before his brief is due for appeal.
Michael's answer
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Answered on November 18, 2012
I agree with Mr. Doland's answer. I write only to emphasize that this is a matter that should be explored with your own attorney, not here on Avvo....
Archived
Do mortgage companies have a fiduciary responsibility to make sure the loan is affordable? I'm responding to a demurrer.
Michael's answer
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Answered on November 18, 2012
No. However, as in nearly all legal matters, there are exceptions to every rule which depend on all of the exact facts in any particular case....
Can Bank of America Freeze Trust Checking Account when I have given proof of self as trustee with certification and Dr. letters?
Michael's answer
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Answered on November 18, 2012
If you want BofA to release the funds to you, you need to comply with their reasonable requests. Large institutions like BofA can be the most...
Archived
Statute of limitations in regards to HELOC. Can subsequent withdrawals reset the statute?
Michael's answer
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Answered on November 18, 2012
As Mr. Pedersen correctly states the statute of limitations runs from the date of breach, not usually immediately upon execution of an agreement....
Archived
During a search of my roomate who is on probation.They searched my garage after being told that roomate didn't have access to it
Michael's answer
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Answered on November 18, 2012
It sure sounds like it to me. However, this is a question you should ask your attorney. If your attorney believes the facts warrant a motion to...
Archived
If a trustee is not fulfilling their duties can the beneficiary go before the court to remove them without an attorney?
Michael's answer
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Answered on November 17, 2012
If the beneficiary is disabled and legally blind . . . how is the beneficiary going to represent himself/herself? Investigate Legal Aid in your...
Was granted a TRO to stop Trustee Sale, do I also need to file a Temporary Injunction?
Michael's answer
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Answered on November 17, 2012
Your TRO is just that -- temporary. It is only effective until the next hearing when the other party has a right to fully contest it and to contest...
Archived
Does a Trustee for the benficiary of an estate have all controls of how the benficiary is allowed to allocate funds?
Michael's answer
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Answered on November 17, 2012
The beneficiary needs to consult and perhaps retain an attorney. Usually, there is no way to obtain a copy of the declaration of trust unless the...
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