Archived
My brother and I inherited a home upon our Mothers death. There was still a mortgage balance which we have been unable to pay.
Matthew's answer
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Answered on March 18, 2013
the answer is a "maybe". By default your mother's estate, not you or your brother, is liable for your mother's debts. However, if you either of you...
Archived
I was served a 3 day notice stating a rent amount that was false
Matthew's answer
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Answered on March 18, 2013
Raise the defense in the answer. Make sure you claim that there has been no accounting.
Archived
Is probate necessary? And need advice for the next steps for an estate.
Matthew's answer
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Answered on March 18, 2013
In California, unless something has changed this year, probate is always mandatory. If the estate was under $100k (that amount may have increased...
Archived
When determining the amount to claim for in probate what can be used (ie, lost wages, atty fees, court costs, etc)?
Matthew's answer
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Answered on March 18, 2013
You will have a limited amount of time if a probate is opened to make your claim - usually between 4 and 9 months depending on your state's laws....
Archived
Registering a DBA in NJ
Matthew's answer
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Answered on March 18, 2013
More important will be the branding, appearance, and similarity of goods/services. Certainly if there is a lot of crossover regarding what you do -...
Archived
My mothers house was sold wat do i need to do claim the excess funds.....
Matthew's answer
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Answered on March 18, 2013
We would need to know who sold it. Was it an executor? If so, the executor can hold onto the funds to pay off creditors and income taxes before...
Archived
My father passed away 12 years ago. My mother is still living in her home.Her will states that her house is to be sold and split
Matthew's answer
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Answered on March 18, 2013
Yes, you should be concerned. If your brother is trying to coerce your mother into giving him the property to keep it from you, then this might be...
Archived
Mom took my inheritance. She isn't the trustee or the executor of the will. What is my first step to reclaim inheritance?
Matthew's answer
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Answered on March 18, 2013
You need to submit a Will to probate, become executor (if possible), and then can demand the items be returned in order to distribute the property...
Archived
Just a quick question - my mom has altzheimers. She is currently in assisted living. My sister has POA. She's selling the house
Matthew's answer
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Answered on March 18, 2013
I agree. Since your mother is still alive, only your mother is entitled to anything. Your sister, as a POA, has a fiduciary duty to hold the funds...
Archived
What steps should I take to have a family settlement agreement upheld by the other party?
Matthew's answer
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Answered on March 18, 2013
You had to have had the settlement agreement accepted by the probate court. Until that happens, there is no settlement agreement. If the agreement...
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