Archived
In order to become an administrator of a decedent's estate must one get a bond from an insurance co.? amount? cost?
Robert's answer
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Answered on September 11, 2013
The general rule is yes, unless all of the heirs/beneficiaries waive the bond. The amount is usually based on the amount of personal property and...
Archived
Questions of "ownership" arising during the process of completing an inventory of estate assets for probate.
Robert's answer
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Answered on September 11, 2013
This is actually pretty common. The administrator or executor is entitled to petition for a court determination to resolve competing claims of...
Archived
My wife and i would like to refinance our house , but my wife has 2 judgements against the title or deed .
Robert's answer
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Answered on September 09, 2013
Assuming the liens to be valid, there are only a couple of possibilities short of paying them off during the refinance: (1) negotiate with the...
Archived
A default judgment was filed against me 5 yrs ago. since the sol has passed is there anything I can do to have this "vacated"?
Robert's answer
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Answered on September 09, 2013
If you were served with process (summons & complaint) and did not contest the case, the judgment is valid and may be enforced. If you were not...
Archived
Four of us inherited my mother's house. Probate ended 5 years ago. Sister who was executor is trying to sell it on her own.
Robert's answer
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Answered on September 09, 2013
This is another example why distribution to several family members is the worst possible remedy when the executor during the probate would have had...
The judges signature on a court order was forged (and not well), how do I get the judge to verify that its not his signature?
Robert's answer
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Answered on September 09, 2013
If true, it would be extremely serious. Nevertheless, many judges use anything from a rubber stamp to delegating their clerks to sign the judge's...
Archived
Can a judge release a guardian from their duties when a person has passed away and no personal representative was appointed ?
Robert's answer
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Answered on September 08, 2013
Yes, the guardian has nothing to do when the ward dies, only turn whatever the guardian has to whoever the judge says. The judge said the...
Archived
Is it bad faith and against Rules for OC use the deposition to ask about my evidence list before the evidence exchange date?
Robert's answer
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Answered on September 08, 2013
Depositions are used to obtain information relevant to the subject matter and calculated to lead to the discovery of admissible evidence. Very...
Archived
Can a civil court judge make a ruling at a motions hearing and than not issue and order ??
Robert's answer
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Answered on September 08, 2013
Yes, it is not at all unusual for the paperwork to come later, sometimes much later. While this would not ordinarily in any way vitiate the...
Archived
Should I fight a default judgement in originating state or focus on where it is being domesticated?
Robert's answer
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Answered on September 08, 2013
The key to answering this question is your statement the judgment was granted "without merit", something far different than what is needed to...
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