If I understand your question, you're asking what happens to an irrevocable trust if it no longer has any assets? The trust normally could be closed, unless the trust might obtain property or money in the future (for example, if the trust is the beneficiary of a life insurance policy, or of another...Read more »
You could be having a problem finding a place that will rent to you because you are not legally an adult. Contracts with minors can be disaffirmed by the minor, and are thus voidable. Not many people will want to lend money or do transactions for significant money if there is a risk that you could...Read more »
If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.
My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and... Read more »
As Mr. Rosenberg points out, you need to serve all interested persons with your application for appointment as personal representative, along with a notice of intent to be appointed personal representative. You would then file a proof of service with the court showing who was served, how, and when....Read more »
If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.
Social security benefits are not counted against the debtor as income on the Chapter 7 means test. The question for the governmental benefits line item on Form 122 expressly says not to include social security.
On the other hand, if you are asking about Schedule I (the monthly budget done...Read more »
The deceased had a previous estate opened in 2003. All issues were resolved I am now attempting to deal with insurance issues and need to open the estate but was told the 2003 estate is destroyed do I apply to reopen? I am out of state
The old estate is not destroyed. It has been closed. If there is an after-discovered asset then yes, you may need to reopen the estate. For example, if the insurance company will only make out a check payable to the deceased person "John Doe", or "Estate of John Doe", then will need to a way to get...Read more »
Your options for personal bankruptcy come in basically two flavors: Chapter 7 liquidation or Chapter 13 repayment plan. If you are eligible for it, most bankruptcy lawyers will try to file you under a Chapter 7 case, unless there is a reason Chapter 7 wouldn't be best for you. So let's look at how...Read more »
Im not certain which chapter I would need to file. Im divorced & have no assets. I have less than $20,000 debt, such as judgements from credit cards and a previous landlord, medical & miscellaneous debt. I’m also making small payments on federal student loan debt and am in good standing where... Read more »
You have a couple costs that go into filing bankruptcy. First the court filing fee ($335) - but this can be waived if your household income from all sources is less than 150% of the federal poverty level. Second, the credit counseling course fees - these generally run in the range of $15 to $25 per...Read more »
On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... Read more »
It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when...Read more »
Generally speaking, appliances are personal property, and as such, they belong to the person who bought them. An exception to this rule might be if the appliance was permanently affixed or installed. For example, was the appliance physically fastened to the studs, floor, etc., and perhaps...Read more »
They're darn right they can't give you legal advice. By not filing an answer, they want you to default so they can have a judgment against you with no conditions. If you have payment arrangements made, those should be put in a consent judgment at the minimum, so you have an installment payment...Read more »
There are two kinds of contempt, civil and criminal contempt. Civil contempt is imprisonment that lasts until someone does something, or stops doing something, that they have the power to do and have been instructed to do by the court. There really isn't a time limit on that - it's as long as it...Read more »
An interested person, such as a child or other family member of your father, can file an application or a petition with the probate court to open an estate and be appointed personal representative ("PR") of your father's estate. However your father's widow would have first priority to be appointed...Read more »
i filed aug 2019. bank wants full amoint behind before they will reaffirm. bank closed account as soon as bankruptcy filed. I offered them paymemts but they wouldn't accept? what to expect? what do i need to do to keep vehicle?
My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later....Read more »
The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to buy....Read more »
It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could be, if...Read more »
My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »
Generally, the executor has discretion to determine shares if the method of dividing the property isn't specified in the will. If you have concerns that your father's property is not being handled properly or fairly, you could file a petition for supervised administration with the probate court....Read more »
Yes! But understand that by doing that, you would actually be gifting your siblings money that belongs to you, at least legally. Assets that pass by operation of law or by contract (such as under a Joint bank account) pass outside the will - they are not assets of the probate estate. You would not...Read more »
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