Questions answered by Gerald L. Bohart

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How can my dad do this without my sister contesting the trust?

Gerald's answer | Answered on March 16, 2016

As others have stated your father is free to amend his trust as long as he has capacity. In order to avoid issues with your sister I strongly...

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If you ask discovery questions in a probate case do you file them?

Gerald's answer | Answered on March 16, 2016

You do not need to file discovery requests or responses with the Court. If you ever need to file a motion to compel responses/further responses...

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How can I make a successor trustee marshal assets that were outside the trust?

Gerald's answer | Answered on March 16, 2016

The successor trustee owes a fiduciary duty to the beneficiaries of the trust. Part of the trustee's obligation is to collect ALL assets of the...

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Can a BK Trustee come after Trustee of a Spendthrift to settle debtor--beneficiary's debt. Anti alienation clause is in there.

Gerald's answer | Answered on March 16, 2016

Yes, a bankruptcy trustee can seek to attach your brother's interest in the trust assets. Whether the spendthrift provision will protect your...

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Estimated cost for transferring the title of the house from The Trust to the Trustees?

Gerald's answer | Answered on March 16, 2016

I am sorry for your loss. If you and your brother are successor trustees (i.e. became trustees after your mother died) you will need to record an...

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What can I do to clear my involvement with this account and not have this debt under my name.

Gerald's answer | Answered on March 15, 2016

If you truly are only an "authorized user" then you would not be responsible for charges your mother made on the account. I suggest that you...

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Will I be able to protect my structured settlement annuity , paying $1,700 per month in a California Chapter 7 bankruptcy?

Gerald's answer | Answered on March 15, 2016

I also concur with Mr. Daymude that some or all of your annuity may be exempted or protected if the annuity contract only gives you income for life...

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Probate Question

Gerald's answer | Answered on March 14, 2016

I strongly encourage you to engage the services of an experienced probate attorney immediately. The attorney can assess whether or not your former...

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I am. A contractor in California and was not paid by a hotel on an invoice for work done at the hotel. I filed a mechanics lien

Gerald's answer | Answered on March 14, 2016

In order to enforce a mechanic's lien the lien holder must file a lawsuit within 90 days. Since you did not file a lawsuit the lien became void as...

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Which is more damaging to my credit score; debt management or bankruptcy?

Gerald's answer | Answered on March 14, 2016

It appears that you would benefit from a Chapter 7 bankruptcy. It will allow you discharge the credit card debt and get a fresh start. I agree...

Gerald L. Bohart's Answers (292)

How can my dad do this without my sister contesting the trust?

If you ask discovery questions in a probate case do you file them?

How can I make a successor trustee marshal assets that were outside the trust?

Can a BK Trustee come after Trustee of a Spendthrift to settle debtor--beneficiary's debt. Anti alienation clause is in there.

Estimated cost for transferring the title of the house from The Trust to the Trustees?

What can I do to clear my involvement with this account and not have this debt under my name.

Will I be able to protect my structured settlement annuity , paying $1,700 per month in a California Chapter 7 bankruptcy?

Probate Question

I am. A contractor in California and was not paid by a hotel on an invoice for work done at the hotel. I filed a mechanics lien

Which is more damaging to my credit score; debt management or bankruptcy?