I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed....Read more »
This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not...Read more »
Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.
Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a...Read more »
That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her...Read more »
The Sheriff has most likely not received Notice of your Bankruptcy filinh. Contact your lawyer immediately. Your lawyer can contact the creditor and file a Suggestion of Bankrutpcy in the Court where the Replevin action is pending. This should quickly resolve your issue,
I could be wrong, but this is probably not the place to find a Pro Bono attorney. We all tend to give some free advice, but most of us work for a living. Most of us do not have an independent source of income where we can afford to work for no charge. Over the years, I've known of many...Read more »
I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to...Read more »
The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo...Read more »
The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice...Read more »
The whole point of the Motion for Default Judgment is for the Creditor to obtain a Judgment against you without any input or resistance from you. That's what Creditors like. If you don't attend, the Creditor WILL get a Judgment against you and it will probably be on the worst terms...Read more »
That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open...Read more »
Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »
I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »
Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to...Read more »
You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent...Read more »
Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »
My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »
Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal...Read more »
This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... Read more »
I have noticed that any time there is an issue it is the lawyer's fault. While that may be true, your answers and statements in your bankruptcy petition, schedules and statements are made under penalty of perjury and you are ultimately responsible. The government prosecutes bankruptcy...Read more »
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