Archived
I have a house with about $70,000 of equity. If I sell the house before bankruptcy can I still protect the proceeds?
Gerald's answer
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Answered on March 29, 2016
As others have stated there is not enough information to give you a complete answer. How did you value the property? Whenever there is a...
Archived
What happens when someone that has tried to find a lawyer for a probate case and every lawyer wants a retainer in
Gerald's answer
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Answered on March 29, 2016
Generally speaking attorneys fees are paid out of the estate at the conclusion of the case. Most attorneys whom I know ask for a retainer to cover...
Archived
What happens to the co-signer of a loan if I file bankruptcy?
Gerald's answer
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Answered on March 29, 2016
Lenders request co-signers to guaranty payment of the debt if the borrower is unable or unwilling to pay. Your bankruptcy will not change your...
Archived
Do I need to serve all 22 people on the Service List for other trust matters, or can I serve only the trustee and counsel?
Gerald's answer
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Answered on March 29, 2016
You should serve the trustee, the trustee's counsel and all parties in interest. It may be cumbersome but your actions affects all parties...
Archived
Can my uncle make changes to my grandparents will once they pass away
Gerald's answer
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Answered on March 29, 2016
No - your grandmother's will cannot be changed. Moreover, even if your uncle held a power of attorney for your grandmother, the POA terminated...
Archived
how long do we have to give before she forfeits her portion of the inheritance?
Gerald's answer
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Answered on March 29, 2016
I concur with my colleagues; an heir's right to receive his/her share cannot be conditioned upon the signing of a release or any other document. ...
Archived
If I petition the court as trustee, can I pay with trust funds?
Gerald's answer
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Answered on March 28, 2016
If the terms of a trust are truly unclear or there is a dispute as to the meaning of a particular provision, the trustee may peittion the court for...
Archived
Could a minor beneficiarie be prohibited from. Reciving thier sshare because of actions of a gaurdian acting on thier behalf?
Gerald's answer
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Answered on March 27, 2016
The actions of an the guardian can be imputed to the minor. However, whether those actions trigger a provision under the trust depends upon the...
How is house sale handled in probate when two siblings disagree?
Gerald's answer
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Answered on March 27, 2016
It appears that one beneficiary wants to keep the real property but the parties cannot agree on the value of that property. In a probate case the...
Archived
How can i split up the guardianship of the person from the estate and file notice that i will be representing myself
Gerald's answer
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Answered on March 27, 2016
Although uncertain, it appears that a new petition will have to be filed with the Probate Court. Based upon the question posed you need the...