Archived
Are property taxes and expenses paid for by the estate if real property hasn’t been transferred to the beneficiary yet?
Stuart's answer
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Answered on July 29, 2020
The trustees are required to follow the terms of the trust. If the trust language requires payment to creditors the taxes and fees should be paid...
Archived
Should my sister just ignore the Notice of Hearing for Reaffirmation Agreement or wait until to be cleared by the Court?
Stuart's answer
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Answered on July 28, 2020
If there are no appearances on 8/6/2020, the matter will go off calendar. As a courtesy to the court and the creditor, you or the creditor should...
What do I do about my alcoholic brother who has decided to squat at my disabled sisters home and he is abusive verbally
Stuart's answer
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Answered on July 28, 2020
The only way to forcibly remove someone from the premises is by eviction. You need to use some "tough love". Feeling sorry for a person you...
Can debt collectors put a lien on the house or sue me?
Stuart's answer
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Answered on July 28, 2020
The creditor will have to open a probate and file a lawsuit against the "estate". If the estate has no assets, their judgment will not be able to...
Archived
Bankruptcy/Foreclosure: 10 days or 14?
Stuart's answer
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Answered on July 27, 2020
I admire your moxie in pursuing your case in an adversary process. That said, you are in deep water, my friend. Traveling the BK minefield can...
Archived
How do I fill out this retirement attorney in fact form?
Stuart's answer
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Answered on July 27, 2020
Find/consult/hire a lawyer using the Avvo feature "Find a Lawyer". Make a list of 4-5 having many 5 star reviews from satisfied clients. If you...
In the Process of Probate; requesting Final Distribution. No attorney ? I am the executor of the estate.
Stuart's answer
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Answered on July 27, 2020
My best advice: Find/consult/hire a lawyer using the Avvo feature "Find a Lawyer". Make a list of 4-5 Probate lawyers having many 5 star reviews...
Do I need to list a closed bank account in a chapter 7 bankruptcy?
Stuart's answer
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Answered on July 27, 2020
My colleagues have given you correct advice. If you amend your SOFA to include the details on the closed bank account you should be OK.
Archived
Parents are in CH 13 and selling house. BK attorney said they can only exempt (gift to me) $30K of the profit of $80K. Why?
Stuart's answer
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Answered on July 26, 2020
Ask your parent's BK lawyer. He/she is in possession of all relevant facts. Without those facts, we are only guessing.
Can we collect on a small claims judgment of about $6,000 after the defendant filed bankruptcy?
Stuart's answer
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Answered on July 24, 2020
My colleagues are right. You cannot collect your judgment and by failing to inform the Civil court of the BK, you are actually in violation of 11...
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