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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Estate Planning for Georgia on
Q: IN ORDER TO PREPARE A WILL IN GEORGIA DOES THE ATTORNEY NEED A COPY OF ALL DEEDS?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

No. But an attorney is going to want to know what you own and if its land where it is located.

1 Answer | Asked in Collections for Pennsylvania on
Q: In PA, can credit card companies attach wages and checking accounts?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

There is no wage garnishment in PA for credit card debts for judgments entered in PA where you work for a PA employer. There is for some other kinds of debts (child support, taxes, student loans or back rent owed to a landlord) but not credit cards.

The creditor who obtains a judgment can...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My husband and I own our home jointly.If my husband predeceases me, does the home go to me, or does half go into probate
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

How exactly is the home titled? It makes a difference. Assuming that you own as husband and wife (called tenancy by the entireties), then when your husband dies, his share automatically passes to you (and vice a versa - your share would pass to him if you died first). In some states, a husband... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received a letter saying a writ of execution (in North Carolina) outstanding sent back pymt. what do i need to do?

Protect my home i am elderly. i have been sending money to them monthly. Is there anything i can do

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

Why are you sending the creditor money or making payments? If all of your assets are exempt and you filed your exemptions, making payments is dumb. There is no reason to do it. Its better to make the payments to yourself and build up funds so that you can settle the debt at some... View More

1 Answer | Asked in Collections for Georgia on
Q: I have a credit card bill that is 5 yrs an 4 mos since the last payment.is there a Georgia Statute of Limitation(4yrs)
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

Yes but it is 6 years not 4 according to the GA courts. See Hill v. American Express, 289 Ga. App. 576, 577 (Ga. App. 2008) (applying the six-year statute of limitations for written contracts).

1 Answer | Asked in Collections for Georgia on
Q: If I have a car repossessed can the repossor charge me to recover my property inside the car?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

Not that I am aware of.

1 Answer | Asked in Collections for North Carolina on
Q: Can a debt that is 10years old and dismissed in court still be legally submitted on your credit 10 years later?

Can a dental office in North Carolina still legally submit a claim to equifax or a collection agency on a balance that is from 2004, when small claims court dismissed their case on 2.4.2014, because it is beyond the 3 year statute of limitations?

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

You ask 2 questions - can they do it? Sure. They could refresh the date of the debt and lie to the credit bureau. Will they do it? Don't know. If they try to do it, you need to be vigilant and monitor your credit reports. If the debt appears, you need to dispute the debt with the credit... View More

1 Answer | Asked in Collections for North Carolina on
Q: Question about Notice of Right to Have Exemptions Designated

I have a judgement against me for cc debt. I offered cc company a reasonable monthly payment plan & they accepted. They agreed ( in writing) not to take further action if I kept my account current - which I have for over 2 years. I was served this week with a Notice of Right to Have Exemptions... View More

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

Ronald Reagan said "trust but verify." Or to quote another saying, "trust in God but lock your car anyway."

I don't trust creditors and seek to protect clients. I would have advised you to fill out the exemptions anyway - there is no downside to doing so. But if...
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2 Answers | Asked in Foreclosure for Georgia on
Q: How long do I have to remove my personal property from foreclosed home.

I live in Ga and have not been served or given any type of paperwork regarding my belongings. I even still have a company vehicle parked there. Wells Fargo owns the home now they say. Domain Realty sign out front.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 2, 2013

The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have "cash for keys" programs and will pay you to get... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a question re deed restrictions

Looking to buy property with deed restrictions. Owner illegally built a second home. The deed restrictions only allow for one home. His realtor states that the home has been on the property for 6 years and there has been no complaints from the other residents of the subdivision so this house will... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 2, 2013

I don't know. Any attorney would need to see the deed. And the test is not whether anyone else complained.

Were these restrictions in other deeds of surrounding lots? And how can the violation be "grandfathered" in? There is no such thing. Grandfathering occurs where a...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother passed away and her husband placed me on the deed of the house. How hard is it for him to remove me?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 2, 2013

You cannot be "removed." A new deed would have to be done conveying the property from you and any other owners to whoever else owns the property. Deeds are not all that expensive but what the heck is going on here. What did your mother own? Why did the husband just deed land to you?... View More

1 Answer | Asked in Collections for Georgia on
Q: Made small personal loan on dirt bike no title, recorded on ucc1 he disposed of it whats my options legally

He has filed Chapter 7 bankruptcy and I want to know my criminal options if any.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Was the debt included in the bankruptcy? This was not posted as a criminal law question and I am not a criminal law attorney. It is a crime to conceal or dispose of property that is secured by a security interest.

You indicate that you filed a UCC. Where was the title, if the bike had a...
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1 Answer | Asked in Collections for Pennsylvania on
Q: When can a debt be written off?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Having a debt "charge off" or written off does not mean that you no longer owe it or that the debt cannot be sued upon. Its just an accounting term.

A debt is typically charged off anywhere from 90 - 180 days after the debt goes delinquent.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My brothers will is in probate. All assets were to be sold off and divided equally between four. One sister is heir an

Executrix, she took Lexus from the estae and transferred it into her name. How do we correct this, who do we contactm besides an Attorney.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Without looking at the will, I don't know what it says. Does it specify who gets what or does it say everyone gets equal shares? If it does not specify then the Lexus can be charged to the executrix's share of the assets if she is one of the heirs.

Exactly who are you thinking of...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: If I live in PA, does the law require that my executor also lives in PA?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

No. See 20 Pa.C.S.A. § 3157 Nonresidents

The register shall have discretion to refuse letters of administration to any individual not a resident of this Commonwealth.

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That does not mean that a non-resident cannot serve. It just means its up to the register of will to decide.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: How can I find out what my daughters trust fund says
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

How old is your daughter? Is she under 18? Or is she handicapped? If she is under 18 or if you are her legal guardian and if she is a beneficiary of a trust she can make a demand on the trustee for a copy of the trust. The trustee is required to apprise all beneficiaries of the terms of the... View More

3 Answers | Asked in Estate Planning for Pennsylvania on
Q: Can I leave half of my estate to one son out right and put the other half in a trust for my other son?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Yes, you can add a testamentary trust to your will and provide that Son A gets his inheritance outright but Son B's share will be put in a trust and the income and principal doled out t him by the trustee as specified in the terms.

Please do not try to do this yourself by using forms...
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1 Answer | Asked in Probate for Pennsylvania on
Q: To settle estate,son living in home when parent dies is t/be paid $3500.00. WHY?

As one of the payments to settle estate,son living in the home when parent dies is to be paid $3500.00. After taxes are paid, there may not be enough money to pay some personal debts, executors fees and attorney fee. he was neither power of attorney or executor. my father took care of him for 15... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

I answered this question on another website. For the benefit of other readers, all states have a family exemption - it may be called something different in other states - in NC, for example, its a yearly allowance.

Your post as I noted, makes no sense. Attorney fees, fees paid for the...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: I paid over 5,000 in rent to own and now the land has changed the contract. Have I lost my money?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

How can land (an inanimate thing) change a contract? If you meant the landlord, how can the landlord change a contract either?

You need to go see a lawyer and pay the lawyer to review your documentation.

1 Answer | Asked in Bankruptcy for Georgia on
Q: How could I find out if a business has filed for a bankruptcy reorganization in Georgia?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

There is an electronic service called PACER. Its free to register for PACER and it will take a few weeks for the court to send you the login information but once you have it you can access any bankruptcy court in the US and look up the information. If you know the name of the company and where it... View More

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