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![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
I don't understand the question. Assuming someone has died and owned property and left to heirs, then all heirs own the property equally. A loan cannot be placed on the property unless all heirs agree, so I am not sure how this could be fraudulently done or who did the fraud. Was it an... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
You look this up in PACER if you have an existing account or contact the bankruptcy court in the district where the bankruptcy court was filed.
I have PACER access and could review for a fee.
I have applied for a mortgage and credit reports another Bankruptcy . I have never filed any other bankruptcy of any type anywhere. Credit reports indicated another Chapter 7 in 2009 and my loan desperately needed in now on the line, due to not enough time deleted due to time line scheduled for... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
Then the credit report is in error. Have you disputed this with he credit bureaus? There is no way to prove the absence of something. Obviously there would be no filings so the burden should be on the credit bureau to prove that there is another listing.
There should be a record of the... View More
My husband died without a will. Our home is in both names. The mortgage company is willing to refinance, but the title company will not give the ok because our current deed/title is not vested. Probate Court Clerk said that I have to go through probate and our children have to sign papers (they are... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
I don't quite understand. If the house was owned as a joint tenancy with right of survivorship, then title to the house automatically passed to you. The house would not be a part of probate so I do not understand why the children need to sign anything.
If the house is not a part of... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
I don't understand the question. In most cases the seller contacts the buyer and advises of the delay and of the expected date of arrival of the merchandise and asks the buyer whether he/she wants to wait or cancel the order. The buyer then elects to wait or cancels.
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
Did not put a lien on what?
The bankruptcy usually includes all debts incurred up to the time the bankruptcy petition is filed.
If a bankruptcy discharge is granted, then all debts included in the bankruptcy are discharged if they are dischargeable debts (student loans are not... View More
The insurance plan I currently have renews in July, so she would normally remain on the policy until then. However, I am soon starting a new job and will be getting new insurance. Am I obligated to pay for her insurance through the new insurance company or would she be responsible for paying for... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? Depending on the answers, the court could ask you... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Apr 11, 2014
Without knowing any of the details I would have to say no. There is no right to get a mortgage. And if you expended any money (earnest money, appraisal fees, inspection fees, these are incidental and consequential damages and are usually not recoverable).
Why were you turned down? Could... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Get a lawyer. I am not being funny or rude. If the spouse is in possession of a will then he can be compelled to produce it.
OCGA § 53-5-5. Duty to file will
A person having possession of a will shall file it with reasonable promptness with the probate court of the county having... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
GA has very limited exemptions unless you are filing bankruptcy. If you are filing bankruptcy, then you can exempt $5000 equity in any one motor vehicle. If you are not filing bankruptcy, your exemptions are limited to $5000 in personal property and $21,500 in real property.
Is your car... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
The will is not voided. However, the bequest is nullified.
A testator (the person making the will) can dispose of property up until the time of their death. The will only becomes operative at death, not before. So if a testator included a provision in the will disposing of a particular... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Talk to your plan administrator. My guess is no. They may require a parent or some other adult (like a trustee) to be named as the beneficiary.
Depending on what is in the IRA, I suggest creating a trust in your will and naming as your beneficiary, the trustee of the trust for the minor... View More
Lawyer
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Not sure what you mean. I hope you have a will. In the will, you would name a personal representative to be in charge of probating your estate. That personal representative does not have to hire an attorney but many people find the whole process overwhelming and do. in such case, the personal... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no.
If you mean in some other context, I don't... View More
Deed transfered many years ago during estate planning. Do "squatter rights" exist for their part-time usage of property or can it be sold without their "permission?"
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
If the parents conveyed the home to their children completely and if the children all agree, then yes, the home can be sold. However, I would check the deed carefully. Are you certain that the parents did not retain a life estate? If so, then the home cannot be sold unless the parents are also... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Hearsay does not count. Its called a will and it is in writing, signed by the person making the will in front of 2 witnesses who are not beneficiaries under the will and, to be self-proving, notarized.
If the will is properly drafted by a lawyer it will meet these requirements. A good will... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
It depends. Did you properly notify the creditor and publish notice in the newspaper? Was the claim filed before or after the date specified in the notice?
If notice was properly given and the claim was filed after the cutoff date specified, then you simply deny the claim. The creditor... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
If you live in NC, there is no common law marriage here. In order for a common law marriage to be recognized, you would have had to enter into a valid common law marriage in another state.
Since there is no common law marriage, you would not be entitled to inherit anything as a spouse. If... View More
![Rachel Lea Hunter Rachel Lea Hunter](http://justatic.com/profile-images/345601-1444798595-sl.jpg)
answered on Mar 17, 2014
Be overridden by what?
If you mean by a will, the answer is no. If land is jointly owned with a right of survivorship and one party dies, the land automatically passes at death to the surviving party. So a will cannot override the deed.
If you are talking about something else, I... View More
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