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Questions Answered by Lloyd M. Nolan
1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

3 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: My mom had stocks why isn't it listed on the probate final accounting,?

Their is no documentation for stocks. The estate checking account had a vanguard deposit. It sat for 1 week than removed then we got paid a sizable dirct deposit from vangard.

I don't understand. Why it isn't listed.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 1, 2022

I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 9, 2021

This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My mother passed away and one of our brothers live in her basement how do we get him out
Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 9, 2021

Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 8, 2021

Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 3, 2021

The Sheriff has most likely not received Notice of your Bankruptcy filinh. Contact your lawyer immediately. Your lawyer can contact the creditor and file a Suggestion of Bankrutpcy in the Court where the Replevin action is pending. This should quickly resolve your issue,

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3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 26, 2021

I could be wrong, but this is probably not the place to find a Pro Bono attorney. We all tend to give some free advice, but most of us work for a living. Most of us do not have an independent source of income where we can afford to work for no charge. Over the years, I've known of many... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: My siblings and I own each an 1/8 interest in a property. My brother is filling bankruptcy. What happens?
Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 25, 2021

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

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2 Answers | Asked in Bankruptcy for Nevada on
Q: What is a trustee's final report and account?

I had a voluntary dismissal of my chapter 13 case about 4 weeks ago. I received notice that the case was closed however I have not received trustee's final report and account. What is it?

How long does it take to get?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 21, 2021

The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo... Read more »

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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 5, 2021

The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Do I need to attend a motion for default judgment
Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 5, 2021

The whole point of the Motion for Default Judgment is for the Creditor to obtain a Judgment against you without any input or resistance from you. That's what Creditors like. If you don't attend, the Creditor WILL get a Judgment against you and it will probably be on the worst terms... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan answered on Sep 24, 2021

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Sep 6, 2021

As long as this transaction is not secretly funded by you, there is no issue. Your sister is a gem to do this for you.

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2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »

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2 Answers | Asked in Probate for Missouri on
Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no estate....no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 7, 2021

You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent... Read more »

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 21, 2021

Regina Edwards' answer is correct.

The applicable statute is 11 U.S.C. 523 (a) 15, which provides that an individual is not discharged from any debt ...

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by...
Read more »

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1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 17, 2021

Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal... Read more »

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