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1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

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answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Ticked with failure to prove insurance in Tn. I don’t have insurance. Wondering if that’s a more serious charge.

Im wondering if I can just pay the ticket and get insurance. Or if I’ll get in more trouble if they find out I actually don’t have it.

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answered on Feb 20, 2024

If you do not have insurance at the time of the stop, then it is a crime. However sometimes you can get the charge dismissed with costs if you show up at Court with your new insurance card, registration and TNDL. It would be worth it to hire an attorney to represent you. Conviction for Lack... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Business Law on
Q: My husbands friend wants to give him a big shop but has not bought the shop yet. This friend will use the shop to run

His Tow Truck business. So what is a list of liability, taxes and other legal issues my husband will need to consider first before letting the friend put his name as owner?? My husband will have nothing to do with the business.

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answered on Feb 19, 2024

You husband is potentially liable for all torts caused by or taxes incurred by the towing business. Unless he gets paid alot, he probably should not get involved with such a one sided business where one partner gets all the cash and the landowner partner gets all the liabilities.

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: Aunt willed land to family member. Then she changed it.. but he already put a double wide on that land. Can he leave
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answered on Feb 19, 2024

Will has no effect until testatrix dies and her will is filed for Probate. It can be changed or destroyed anytime before her death. Apparently family member improved her land as a gift. Hopefully he can remove it still.

1 Answer | Asked in Real Estate Law on
Q: Why should you pay transfer and bond cost to a agent jjust to remove someone u used to get the deal done

I bought a house and paid all cost now to remove someone andadd my wife imust pay again

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answered on Feb 19, 2024

Not sure of your question...But it appears that you got a deed, which is a title transfer. However

the property is apparently occupied by someone else. Grantee takes title subject to any rights of possession. Your grantor may have breached a title covenant in the deed. It will be...
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2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

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answered on Feb 19, 2024

You will need to ask the union to reissue another check in exchange for the allegedly faulty one. Or deposit it into another bank. But first be sure you have not done anything wrong. You may need to consult with an attorney as apparently your bank is wanting to prosecute you, and any forgery... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: We live on a “private rd” although the county has given it a name. At the end of the rd are a few homes. One of the home

Has renters and are operating a daycare. The traffic has gotten crazy. Problem is they are destroying the dirt road and no one will help with repairs, upkeep, etc. what are my options?

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answered on Feb 16, 2024

I assume your road is actually a joint permanent use easement. If so, then a title search may disclose maintenance duties. If just an easement by implication or otherwise, then there are probably no defined restrictions. Then at best, you would need a GA attorney to sue for property damages, of... View More

2 Answers | Asked in Estate Planning, International Law and Internet Law on
Q: I'm from South Africa and need a court order for Google to access to my late father’s Gmail account. What’s needed?

My late father is also based in South Africa, how long will it take to obtain this order

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answered on Feb 15, 2024

More than likely they are wanting a Probate Order for a fiduciary to marshal up digital assets of the Estate. This may not be exactly what they want, but should be close. They are not going to give property to just anyone. In the USA that would be Letters Testamentary or Letters of... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am in lowndes county Georgia which is Valdosta I went to the clerk of the courts the Superior Court to file and record

An affidavit for an adverse possession on the property the people at the clerk's office the court clerk of lowndes county Georgia told me that I had to be an attorney or have an attorney with me present to file this affidavit and I believe that is wrong and it's my understanding that the... View More

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answered on Feb 14, 2024

If you are claiming title by adverse possession, then you will need an attorney to make an effective claim. It is difficult and is usually a defense to an action for possession or title, not filing an affidavit. You may need a deed as a color of title recorded, not what you are trying to... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?

As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out... View More

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answered on Feb 14, 2024

File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

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answered on Feb 9, 2024

The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More

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answered on Feb 7, 2024

You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More

1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. filed eviction against previous mortgagee who is accusing bank of wrong foreclos

I bought a property from xome.com as a second chance foreclosure and after the closing, filed an eviction case against previous mortgagee. She is fighting back saying that bank wrongfully foreclosed the property. Should I file a case against the previous mortgagee, bank or let my title insurance... View More

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answered on Feb 4, 2024

You will need to litigate to a conclusion on obtaining possession. But you take title subject to rights of occupants. Read your owner's title policy. It will not cover many risks. But also hire an attorney to make a claim against the policy. You could lose all your investment as I... View More

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