Questions Answered by Rachel Lea Hunter

1 Answer | Asked in Bankruptcy Law for North Carolina on Feb 12, 2014

Rachel Lea Hunter's answer
I don't understand the question. Assuming someone has died and owned property and left to heirs, then all heirs own the property equally. A loan cannot be placed on the property unless all heirs agree, so I am not sure how this could be ...
 
 

1 Answer | Asked in Bankruptcy Law for North Carolina on Feb 25, 2014

Rachel Lea Hunter's answer
You look this up in PACER if you have an existing account or contact the bankruptcy court in the district where the bankruptcy court was filed. I have PACER access and could review for a fee.
 
 

2 Answers | Asked in Bankruptcy Law for North Carolina on Mar 14, 2014

Rachel Lea Hunter's answer
Then the credit report is in error. Have you disputed this with he credit bureaus? There is no way to prove the absence of something. Obviously there would be no filings so the burden should be on the credit bureau to prove that there is another ...
 
 

1 Answer | Asked in Consumer Law for Georgia on Nov 4, 2013

Rachel Lea Hunter's answer
I don't quite understand. If the house was owned as a joint tenancy with right of survivorship, then title to the house automatically passed to you. The house would not be a part of probate so I do not understand why the children need to sign ...
 
 

1 Answer | Asked in Consumer Law for Georgia 25 days ago

Rachel Lea Hunter's answer
I don't understand the question. In most cases the seller contacts the buyer and advises of the delay and of the expected date of arrival of the merchandise and asks the buyer whether he/she wants to wait or cancel the order. The buyer then elects ...
 
 

2 Answers | Asked in Consumer Law for Georgia 21 days ago

Rachel Lea Hunter's answer
Did not put a lien on what? The bankruptcy usually includes all debts incurred up to the time the bankruptcy petition is filed. If a bankruptcy discharge is granted, then all debts included in the bankruptcy are discharged if they are dischargeable debts ...
 
 

1 Answer | Asked in Probate for Pennsylvania on Mar 7, 2014

Rachel Lea Hunter's answer
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? ...
 
 

1 Answer | Asked in Consumer Law for North Carolina 22 days ago

Rachel Lea Hunter's answer
Without knowing any of the details I would have to say no. There is no right to get a mortgage. And if you expended any money (earnest money, appraisal fees, inspection fees, these are incidental and consequential damages and are usually not ...
 
 

1 Answer | Asked in Probate for Georgia on Dec 20, 2013

Rachel Lea Hunter's answer
Get a lawyer. I am not being funny or rude. If the spouse is in possession of a will then he can be compelled to produce it. OCGA ยง 53-5-5. Duty to file will A person having possession of a will shall file it with reasonable promptness with the ...
 
 

1 Answer | Asked in Consumer Law for Georgia on Dec 9, 2013

Rachel Lea Hunter's answer
GA has very limited exemptions unless you are filing bankruptcy. If you are filing bankruptcy, then you can exempt $5000 equity in any one motor vehicle. If you are not filing bankruptcy, your exemptions are limited to $5000 in personal property and ...
 
 

2 Answers | Asked in Estate Planning Law for Georgia on Dec 20, 2013

Rachel Lea Hunter's answer
The will is not voided. However, the bequest is nullified. A testator (the person making the will) can dispose of property up until the time of their death. The will only becomes operative at death, not before. So if a testator included a provision in ...
 
 

1 Answer | Asked in Estate Planning Law for Georgia on Jan 25, 2014

Rachel Lea Hunter's answer
Talk to your plan administrator. My guess is no. They may require a parent or some other adult (like a trustee) to be named as the beneficiary. Depending on what is in the IRA, I suggest creating a trust in your will and naming as your beneficiary, the ...
 
 

1 Answer | Asked in Estate Planning Law for Georgia on Mar 4, 2014

Rachel Lea Hunter's answer
Not sure what you mean. I hope you have a will. In the will, you would name a personal representative to be in charge of probating your estate. That personal representative does not have to hire an attorney but many people find the whole process ...
 
 

1 Answer | Asked in Probate for Pennsylvania on Dec 30, 2013

Rachel Lea Hunter's answer
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no. If you mean in ...
 
 

1 Answer | Asked in Estate Planning Law for Pennsylvania on Jan 23, 2014

Rachel Lea Hunter's answer
If the parents conveyed the home to their children completely and if the children all agree, then yes, the home can be sold. However, I would check the deed carefully. Are you certain that the parents did not retain a life estate? If so, then the home ...
 
 

1 Answer | Asked in Estate Planning Law for North Carolina on Feb 27, 2014

Rachel Lea Hunter's answer
Hearsay does not count. Its called a will and it is in writing, signed by the person making the will in front of 2 witnesses who are not beneficiaries under the will and, to be self-proving, notarized. If the will is properly drafted by a lawyer it will ...
 
 

1 Answer | Asked in Probate for North Carolina on Feb 1, 2014

Rachel Lea Hunter's answer
It depends. Did you properly notify the creditor and publish notice in the newspaper? Was the claim filed before or after the date specified in the notice? If notice was properly given and the claim was filed after the cutoff date specified, then you ...
 
 

1 Answer | Asked in Probate for North Carolina on Feb 12, 2014

Rachel Lea Hunter's answer
If you live in NC, there is no common law marriage here. In order for a common law marriage to be recognized, you would have had to enter into a valid common law marriage in another state. Since there is no common law marriage, you would not be entitled ...
 
 

1 Answer | Asked in Consumer Law for Georgia on Mar 11, 2014

Rachel Lea Hunter's answer
Be overridden by what? If you mean by a will, the answer is no. If land is jointly owned with a right of survivorship and one party dies, the land automatically passes at death to the surviving party. So a will cannot override the deed. If you are ...