Archived
A man owed me about $10000 and has been paying it off slowly. He died last October. How can I get the payoff from his estate?
David's answer
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Answered on August 30, 2009
You need to do something quickly. If there is a probate opened, then you need to make a claim against the estate. If you don't make a claim,...
Archived
"A father and one of his sons own a house. Both of them have died. Both have children. How is inheritence split amongst kids
David's answer
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Answered on August 15, 2009
The result here will depend on how title was held, whether they had wills, and who died first.
If title was held in joint tenancy, then the...
Archived
What does "reasonable expensenses" mean?
David's answer
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Answered on August 14, 2009
There are a lot of factors that affect the answer. There are almost never clear rules about what is "reasonable." You always have to look at the...
Archived
How Should House Title Be Transferred To Co-Successor Trustees?
David's answer
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Answered on August 14, 2009
The proper way to change title in this situation is to record an "Affidavit of Death of Trustee" that states that the former trustee has passed,...
Archived
Which is best a Family Trust, Estate Trust or Estate Plan? Suggestions!!!
David's answer
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Answered on August 13, 2009
You should probably contact an elder law attorney in Kansas. There are all sorts of issues here that need to be addressed. Your mother may be...
In answering questions on a interrogatory, what does "verified" mean???
David's answer
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Answered on August 13, 2009
I would just add that, in general, pleadings are not evidence. However, verifying a pleading makes the statements admissible as evidence. ...
Archived
Living trusts
David's answer
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Answered on August 12, 2009
You don't need a will when you have a living trust, but there is no good reason not to have one.
I have had cases where a person prepared a...
Archived
Can I transfer my rental property to an LLC and then file a BK 7? Will that protect that rental property
David's answer
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Answered on August 12, 2009
The short answer is no, it won't work.
The bankruptcy court has the power to disregard any transfers you make just prior to filing bankruptcy. ...
Archived
Can a family trust protect my home & vehicles if I file bankruptcy?
David's answer
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Answered on August 12, 2009
The general rule is that, if you create a trust, then the assets in the trust will be available for your creditors. There is some debate among...
Archived
More CA probate....
David's answer
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Answered on August 10, 2009
The probate court does not use the property tax basis, which is kept artificially low because of Prop. 13. Probate fees will be determined by the...
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