I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... Read more »

The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.

The more difficult question, perhaps, is what all is realty and what is not?

In PA, generally speaking, items so... Read more »

Your question lacks a number of critical facts, e.g., whether your mother claims the two of you as "dependents" on her income tax returns, etc. In addition, from your question, I do not think you comprehend what/how your mom's income is computed.

That said, your best path is... Read more »

You most probably already have Oklahoma bankruptcy counsel representing you, and he/she would no doubt be your best source of information and advice about these issues, especially because counsel would probably be familiar with the bankruptcy judge and Ch. 7 trustee assigned to your case.... Read more »

If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.

If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle... Read more »

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... Read more »

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold... Read more »

A reliable answer to your question can only be given after a full review of your respective financial circumstances.

That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... Read more »

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to... Read more »

Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,... Read more »

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to... Read more »

Every Reaff Agreement is exactly that, a mutual agreement between a debtor and the creditor, all subject to approval by the Court.

Authorized signatures of both parties is of course required.

Once aa mutually subscribed Reaff Agreement, with Motion and Affidavit is in hand,... Read more »

A chapter 13 bankruptcy case can last up to five years from its filing.

You do not say when the bankruptcy was filed, nor when you discovered it.

Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by... Read more »

Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... Read more »

It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.

In addition, it is common for debtor's counsel to alert... Read more »

Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers,... Read more »

If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent... Read more »

You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).

If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the... Read more »

The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to... Read more »

Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.

An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my... Read more »