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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Bankruptcy for North Carolina on
Q: Can siblings that were willed property be held liable for a loan obtained fraudulently by one member minus others knowin
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 fraudulently done or who did the fraud. Was it an... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: How do I find out if someone has filed personal bankruptcy?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 for North Carolina on
Q: How does a person prove that they have never filed but 1 (one) bankruptcy case? I did file Chap 7 in 2005.

I have applied for a mortgage and credit reports another Bankruptcy . I have never filed any other bankruptcy of any type anywhere. Credit reports indicated another Chapter 7 in 2009 and my loan desperately needed in now on the line, due to not enough time deleted due to time line scheduled for... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 listing.

There should be a record of the...
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1 Answer | Asked in Consumer Law for Georgia on
Q: Husband died without a will.

My husband died without a will. Our home is in both names. The mortgage company is willing to refinance, but the title company will not give the ok because our current deed/title is not vested. Probate Court Clerk said that I have to go through probate and our children have to sign papers (they are... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 anything.

If the house is not a part of...
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1 Answer | Asked in Consumer Law for Georgia on
Q: What must a seller of mail order merchandise do when unable to ship merchandise within time the applicable time period?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 to wait or cancels.

2 Answers | Asked in Consumer Law for Georgia on
Q: After the bankruptcy the hospital can charge me for any treatment if they did not put a lien
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 (student loans are not...
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1 Answer | Asked in Probate for Pennsylvania on
Q: Do I have to keep my wife on my health insurance if we are separated, but not yet divorced?

The insurance plan I currently have renews in July, so she would normally remain on the policy until then. However, I am soon starting a new job and will be getting new insurance. Am I obligated to pay for her insurance through the new insurance company or would she be responsible for paying for... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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? Depending on the answers, the court could ask you... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Do i have any recourse to lender who turned me down one day before closing
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

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 recoverable).

Why were you turned down? Could...
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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: What is the statue of limitations on a line of credit account in pa?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

4 years.

1 Answer | Asked in Probate for Georgia on
Q: How can we get the spouse of our sister who died in Marietta, GA to file her will with the probate court?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 § 53-5-5. Duty to file will

A person having possession of a will shall file it with reasonable promptness with the probate court of the county having...
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1 Answer | Asked in Consumer Law for Georgia on
Q: What are the exemptions in Georgia for a judgement entered against you for a credit card debt and can you keep your car?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 $21,500 in real property.

Is your car...
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2 Answers | Asked in Estate Planning for Georgia on
Q: A will states X is given a life estate in 2005. In 2009 that same property is put in another name. Is the will voided?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 the will disposing of a particular...
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1 Answer | Asked in Estate Planning for Georgia on
Q: Can I put a minor as my ira beneficary
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 trustee of the trust for the minor...
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1 Answer | Asked in Estate Planning for Georgia on
Q: Who or what type of lawyer will you hire in order to over see your only living child to handle your estate after death

Lawyer

Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 overwhelming and do. in such case, the personal... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Are non probate assets subject to attorneys fees in Pennsylvania?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 some other context, I don't...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My parents transfered the deed to a vacation home to their children. Can it be sold even if the parent still use it?

Deed transfered many years ago during estate planning. Do "squatter rights" exist for their part-time usage of property or can it be sold without their "permission?"

Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 cannot be sold unless the parents are also... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Without specifications in a will, what happens to a home if multiple children and only hearsay on who gets the home?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 meet these requirements. A good will...
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1 Answer | Asked in Probate for North Carolina on
Q: I am the executor of my mothers estate. Do I have to pay a creditor if they send me the bill after the 90 days?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 simply deny the claim. The creditor...
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1 Answer | Asked in Probate for North Carolina on
Q: I live in nc. Common law is in effect so why did I not receive the property I was supposed to when my husband died
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 to inherit anything as a spouse. If...
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1 Answer | Asked in Consumer Law for Georgia on
Q: Can a warranty deed with right of survivorship be over ridden
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

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 talking about something else, I...
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