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Eliz C A Johnson

Eliz Johnson’s Answers

2,100 total


  • Hi I would like to know if there is a statute of limitations for a joint tenant with survivorship in NJ

    My husband had a joint tenant with survivorship with his parents. Thhey both passed away 4 yrs. ago. He does have a sister but they didnt want her to have anything. She is now : 4 yrs. later trying to get 1/2 the half from us.

    Eliz’s Answer

    In most states, joint tenancy is automatic. On the death of any joint tenant, the survivor[s], takes that interest. A new deed should have been drawn up after their death. Unless she can prove some kind of fraud or undue influence, it does not seem she will get far. What you need to do is take the paperwork to an attorney in your area right away for specific fact based advice. Your local county bar association will have a referral panel; most offer a free consultation. Good luck.

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  • My ex husband filed a loss of $13k with IRS where to report that it was fraud

    my ex husband filed a loss of $13k with IRS. He has an online store which he pays from US. The products comes from India/ Bangladesh and Pakistan and the money also sent there. He only claims the false tax deduction from here. How to get him punis...

    Eliz’s Answer

    Keep in mind too, that if any of this happened during the marriage, you may be liable for some of it. Think carefully.

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  • Can my mother change her Durable Trust after she has given me the Immediate Power of Attorney and Nomination for Conservator?

    I have Immediate Durable POA and Nomination as Conservator/Guardianship. Mom's memory is about 15 minutes long but she still tries to be in charge and it causes problems. We have termites and need an inspection and maybe repairs, a new roof and ...

    Eliz’s Answer

    Every trust i do addresses incapacity for this reason. Also I am not sure you are saying you have a Trust or not. It would be a Revocable Trust or Irrevocable Trust. The term Durable here in CA usually is a Power of Attorney term, intended to continue even in the face of incapacity like this. If you have a Trust, look at it. What does it say about incapacity? Usually, you need to be appointed Conservator before you can secure your ability to care for her IF there is no Trust. She can revoke your POA any time she wants to if she has capacity. So for the long run, you need to look at either a Conservatorship, which means filing for it, OR working under the terms of the Trust if there is one. In all events, you will need to see an attorney in your area. Local Bar Associations have referral panels. Good luck to you in this difficult time.

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  • My parent has had a stroke. She has no real assets..a stock worth about $10,000. She has no will and will not make any

    decsiions before or after the stroke. What we have now is debts and a very sick person who may or may not recover. What is the best way to protect her small assets? We may need it for final expenses...how do we settle her debts? A nursing home...

    Eliz’s Answer

    I am sorry to hear this. It is a hard position to be in and stressful on top. Your parent may qualify for MediCal or other assistance. You need to see an Elder Law specialist in the Diamond Bar area. The Los Angeles County Bar Association will be able to refer you to one; many offer a free initial consultation.

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  • Estate/tax question: how to buy other siblings out of a paid for house without creating a taxable event

    Mother's estate includes a paid for home to be sold and divided among the four siblings. The siblings agree that A should take the home and buy out B, C and D. The plan is to quit claim the home into A's name now (allowing A to take out a HELOC ...

    Eliz’s Answer

    Is Mother alive still or not? If not, there are issues of property tax assessment and in many but not all states, transfers from Mom to child are without reassessment BUT transfers from sibling to sibling would not qualify. There are many issues to sort out and as lame as it may seem to you to ask and be told to see an attorney, there is too much we don't know to give you useful advice. An attorney meeting with you would be able to ferret out all the details and work out a plan. It can be done. It matters where you are in the process and that we don't know. Most bar associations do have referral panels and many attorneys will meet you free for the first hour. Good luck.

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  • My stepmother is refusing to turn over our inheritance.

    My stepmom lied to my sister and I stating that my dad left everything to her. We found out my dad had no will but they both signed a pre-nup (6 years ago) prior to marrying leaving everything (his home on a golf course) to his kids in the event o...

    Eliz’s Answer

    Unfortunately, you are going to have to press the issue. That means hiring an attorney to file your claim and sue her. It is not without risks, however, so be sure you understand the litigation machine before you dive in. Local bar associations can refer you to an attorney in your area; many will meet with you free for the first consultation.

    Best to you.

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  • Where do I find a list of cases in probate for Los Angeles County ?

    None

    Eliz’s Answer

    You can research it at the county court house, some times on-line. You can look at the legal publications because probate requires publication of notice. What are you needing?

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  • Estate closed in five months?

    It's my understanding that in Maryland an estate is required to remain open for six months. I was about to file a petition to have the personal representative removed, and to contest my father's Will - Pro Se. I realize my chances of success are s...

    Eliz’s Answer

    You have statutes of limitations that you need to consider for filing anything. The purpose of probate generally is to collect assets. pay creditors and be sure the right beneficiaries get the remainder. There is a four month period for creditors' claims in most states after which they are barred. So filing the probate action, giving notice right away and paying creditors can result in a probate of 5 months if there is no complication from having to sell real property or something. Greed has little to do with this. Statutes in every state set out what the division of assets is when there is no will and here, where there is a will, what can be done. If your father left your step-mother everything, then that is what will happen. A contest of that, then, will have to be over some impropriety in the process. What you DO need, is to sit with an attorney who does probate and discuss the realities of your situation. They may be better or worse than you think. Most county bar associations have a referral panel that will meet initially at no cost. Good luck.

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  • I used my fathers income to purchase a home so he would be more comfortable in his later years.

    I purchased another home three years ago in Antioch Ca. My father has been living with me for 10 plus years. I used his income to purchase this. The down payment and monthly payments are solely made by me. My concern is when he passes. What can I ...

    Eliz’s Answer

    There is not a lot to add to the excellent answer above. If title is in his name, no, you cannot sell it because you do not own it. If your name is not on the deed and he agrees it should be, you need to change that while he is able to do so. An alternative is to have him sign a document setting out your financial rights if any to the property. I too do not see what the rental home of yours has to do with this. What I do know is you need to see an attorney now to resolve these issues before you lose your opportunity.

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  • I applied for a new business tax ID # and have it with me. I am looking for the four characters furnished by the IRS ....

    Where is that on this paper ? I am trying to buy bonds online and they are asking for that . I am buying in the name of the LLC, but I can't unless I have this four characters furnished by the IRS for this EIN. ANY help would be great, thank you.

    Eliz’s Answer

    It is fairly difficult to help you read a document we cannot see. Is it the last four of the TIN you need?

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