Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in...Read more »
You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.
No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.
The alternative is that you could ask the...Read more »
Yes, you can hire another attorney to help you administer the trust. Sometimes the firms who draft trusts are limited in what they can later do, because they might have a conflict of interest. Other times, clients may wish for the law firm to do things but perhaps those responsibilities are not...Read more »
My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of... Read more »
A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.
My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... Read more »
The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract...Read more »
A local car dealership has a sticker coupon on the newspaper, and it says bring in this sticky for 750 off the price of a vehicle. I was wondering if i take in 10 of them, if they would have to honor it. No where does it say one coupon per person or anything like that?
Absent a very specifically worded advertisement, an ad in a newspaper is not an offer to enter a contract that you can just accept by showing up with your coupon and saying "I accept." The ad is merely an invitation to deal. They would not need to give you more than $750 off any vehicle,...Read more »
My job put me on layoff a week before the shutdown here in Michigan and now our shop is closed like many others. My husband is still working as he is a mechanic but that is a unknown as to how long that will be as its based on business and if there isn't any then he wont be working. So with... Read more »
You're probably in luck! Sect. 1113 of the CARES Act, which was just passed by the Senate, says the definition of “income” in the Bankruptcy Code for chapters 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of...Read more »
You will need to refer to the language your VRBO contract. But most likely, no, you can't get your money back because the stay at home order (1) didn't cancel the effect of existing contracts, and (2) the Michigan stay at home order has no effect on the state of Florida. If you need...Read more »
I am apparently being sued for $1000+ from Kay Jewelers from 2005(I believe I paid it but since it was a $150 purchase and so long ago I don't have proof). It has never shown on my credit report as a collection and actually opened a new Kay Jewelers credit account a year ago with no issues.
Yes, there is a 6-year statute of limitations for breach of contract in Michigan. They would've needed to sue you by 2011. But if you are dealing with this now, chances are they already got their money judgment in court and if so, they can renew that every 10 years until the debt is paid....Read more »
It depends on what form of ownership you owned the trailer in with your dad. Joint tenants with right of survivorship? Tenants in common? If the former, the trailer passed to you alone upon your father's death. If the latter, you own only 50% of the funds from the sale, and your father's...Read more »
The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?
If the money taken was more than $600, you can get that back in a bankruptcy case if you file within 90 days. It's called a preferential transfer, and it can be recovered in the bankruptcy case. For more information, consult with a bankruptcy attorney in your area.
You could file for guardianship/conservatorship over your father. Then, if the court believes your father is in need of legal protection and the past conveyance was not in your father's best interest because of duress or undue influence, the court could set aside the transfer. To do any of...Read more »
So what you're saying is, your mom gifted the property to you. The property became yours upon completion of the gift, ie when it was delivered to you. Now, your sister is detaining the property against your rights and not allowing you to have it.
I was trying to get gas And a inform me that I had a bill from 2009 of $1500 But I moved out of that address in the end of 2008 they will not help me out is there a limitation on how far back they can go
That's a good question. If the debt was from 2008-2009, it's definitely past the statute of limitations. But the statute of limitations means only that Consumers can't sue you in a court of law now to collect the debt. It doesn't necessarily mean Consumers can't ask you to...Read more »
It depends on whether your mother left a will. If she did, maybe some of her property was supposed to go to your deceased siblings and/or their children. Otherwise, if there was no will, the property would pass to surviving children, ie you. For further information, consult with a probate attorney...Read more »
A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you...Read more »
In October 2018 mom then changed all assets into her name. Is that will from 2010 still valid. Am I still the executor since step dad passed away, and Mom converted everything to her ownership. My stepdad did disinherit his natural children and it was stated in the will. He named myself the oldest... Read more »
The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to...Read more »
I was never notified by the collection agency of garnishment. Only received a copy of the Writ of Periodic Garnishment from the cities auditing department after money was deducted for earnings. I received the document on Feb. 19th post marked Feb. 14th. Is the statute up on this? They failed... Read more »
I'm sorry to hear this is happening to you. I concur with Mr. Alexander's advice.
Also, you should know that as long as a judgment remains unpaid, the creditor can still renew the judgment every 10 years and continue trying to collect it. If you are judgment proof, maybe you can...Read more »
Possibly. He would probably need to be able to show that the payments were a loan to your brother, and not a gift. Also, stepfather would need to file a statement and proof of claim in brother's estate. For further assistance, consult with a probate attorney in your area.
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