My brother has locked me out of our father's house (where he also resides) and where all of the pertinent estate/asset documentation exists. He is a drug user and the concern is that he will try to liquidate as much as he can before anyone has the opportunity to stop him. Myself and the other... View More
answered on Sep 6, 2013
You need a probate litigation lawyer. This is going to get expensive and messy.
You do not indicate whether your father had a will or who would be the personal representative. Without that then you will have little standing.
You can compel production of the will if there is one as... View More
All transactions were originated from bank location where my son's dad was a new employee at the time, and also withdrew money from the only checking acct I did authorize without my consent. I contacted the corporate office to file a complaint, and was told they were investigating the matter.... View More
answered on Aug 17, 2013
File a police report. Financial identity fraud is a crime. The person who did this can be prosecuted so if its your son's dad, then he may go off to jail.
Follow the directions for fact sheet 17a at www.privacyrights.org. You can also sue the son's dad as well as the organizations... View More
answered on Aug 16, 2013
I cannot answer the question of when other than the time when you are unable to care for your person or financial affairs.
As to how and who, someone - either a relative (most likely)or perhaps the state/county aging/mental health department (if there is no one else) could file a... View More
answered on Aug 16, 2013
Just answer what is on the form. Why do you have to add additional pages? The forms should cover just about everything.
You should be discussing this with your bankruptcy attorney. If you do not have one, you should get one or at least pay one to review your forms before you file.
answered on Aug 16, 2013
If you are a creditor, then you do not need a bankruptcy lawyer in most cases. Whether you will get your money back will depend on what kind of bankruptcy was filed and whether the person/corporation has assets.
You provide no information about the debt. What kind of creditor are you?... View More
Take my car?
answered on Aug 16, 2013
Not if you filed bankruptcy and this is your first filing. The bankruptcy acts like a shield. Creditors cannot exercise their ordinary remedies once you file. Even if this is a second or subsequent filing, the creditor would first have to ask permission of the bankruptcy court to release the... View More
answered on Aug 16, 2013
You do not find out about it in NC. Bankruptcy is a federal matter. The documents are in the federal bankruptcy court.
Federal court records are governed by PACER (public access to court electronic records). You need to know the district where the bankruptcy was filed. PACER is not free.... View More
answered on Aug 16, 2013
No. However, you might want to double check with the Social Security Administration. They have an online site: www.socialsecurity.gov.
I looked up benefits info: http://www.socialsecurity.gov/pubs/EN-05-10084.pdf
Here is an excerpt:
What if I remarry?
Generally, you... View More
When my second cousin became the executrix of my aunt's will she filled out a form with the probate court that said she did not have to show assets or liabilities to the heirs when it comes to my aunt's will. She used her Durable Power of Attorney to sale my aunt's house when she was... View More
answered on Aug 16, 2013
I think you asked this question on another website. Since your aunt was alive when the house was sold, there is nothing that can be done about that right now. Your aunt can have waived the filing of bond or inventories, But GA requires an executor to give notice of the filing of the prior... View More
We bought a bedroom set looking at brochures from a dealer who does not keep furniture in his office/location. Instead he shows customers brochures from different distributors. So we picked one bedroom set from brochure and made sure it fitted in our room with the stated dimensions. When the... View More
answered on Aug 16, 2013
Paying in advance was a mistake. You only should have put down a deposit. The truth is the seller does not have the money or else needs it so you are not going to get it quickly anyway.
What happened to the furniture? Did you accept delivery or not? Your options are to write a letter... View More
answered on Aug 16, 2013
Yes, They can repo if only 1 day late. The only way to prevent this is if you are behind, you either file bankruptcy or try to come up with the money to get your car back.
answered on Aug 16, 2013
The statute of limitations only applies to the debt. A creditor for a credit card debt or any junk debt buyer has 6 years from the date of your last payment to sue you. If you have been sued and a judgment was already entered, the statute of limitations does not apply.
Judgments in GA, as... View More
answered on Aug 16, 2013
Statute of limitations begins to run as soon as a right to sue can be maintained. Generally, if you are making payments then stop it will run from the date of your last payment.
However, the statute is tricky - there are all kinds of other issues. I have not seen the note and I don't... View More
We had a qualified buyer w/ earnest money and requested an extension from the bank on the process, but without response they foreclosed anyway..."Robo-Foreclosure" I would think.
Anyway...The 2nd lien holder has sold the loan to a collection (?) company and after 6yrs. I was... View More
answered on Aug 16, 2013
If you were served with a summons then you have already been sued. You have 30 days to answer or else the creditor will get a judgment against you for $40,000. You should not be negotiating with a collection agency or even the creditor who sued you but with legal counsel.
$10,000 on a... View More
answered on Aug 16, 2013
Read the contract. What kind of an agreement is this? A real estate contract? These usually are in place for 6 months. Regardless, you will have to see what the contract says about this. If the contract is silent, then you may want to discuss this with the agent. If it is agreed to terminate,... View More
answered on Aug 16, 2013
It depends. You do not provide any information and I have not seen the document. Is there a judgment against you? Have you agreed to make any kind of payments? If there is a judgment does the creditor promise not to execute on the judgment for so long as you make payments, then its probably ok... View More
answered on Aug 16, 2013
You do not provide enough facts. You used your debit card. How soon after discovering the fraud did you notify your bank? There are time limits. With a credit card, you have 60 days after the charges appear to dispute them. Not so with an ATM card. You have 2 days to dispute this with your... View More
answered on Jul 19, 2013
Protected from what? If you get approval to do the short sale you have to get approval from both lenders. However, some lenders ask you to pony up the balance owed. The lender can come after you for the balance if they have a mind to do so. They also report it on your credit as a... View More
answered on Jul 19, 2013
You do not post enough details. Why is this an estate planning question? Why would the recipient of fraudulent transferred property be a creditor? Why exactly was the transfer fraudulent?
I am not sure why there is a trustee. Is this a bankruptcy case? Did the transferee have any reason... View More
answered on Jul 19, 2013
I assume that you are asking about a situation where land registration is involved. The answer is yes - whoever is first to file wins provided that the purchaser did not have notice of any earlier conveyance of the property.
GA follows a race-notice recording system. This means that a... View More
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