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California Banking Questions & Answers
1 Answer | Asked in Banking, Business Law, Consumer Law and Securities Law for California on
Q: California Securities Law Question: I am the sole shareholder of a British Virgin Island Corp that sells Crypto

The ceo, is a US citizen and resides in California; the BVI Corp will get registered in California as a foreign business; the business was incorporated in BVI and we DO NOT SELL Tokens to citizens from USA, CHINA or CANADA. Would this startup still be in violation of any USA securities law if we... View More

William John Light
William John Light
answered on Oct 5, 2017

This is a complex question which is not suitable for a quick and free response on an anonymous internet forum. Hire a securities/tax attorney for a full analysis.

1 Answer | Asked in Banking and Probate for California on
Q: My dad died in California and his bank accounts are in texas with $75,000 in the bank. which state should I file

What form shoul I use

Richard Samuel Price
Richard Samuel Price
answered on Sep 20, 2017

If the bank account in Texas is the only property to collect, then you should use a probate process in Texas to collect those funds. A probate proceeding in California is not required.

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: Are joint owned bank accounts excluded from probate and living trusts?

My dad who just passed away left me as joint owner on all of his bank accounts. I have been on he and my mom's account handling their finances for 10 years. Sadly my mom also passed away 7 years ago. Now my dad has recently passed. After his passing the bank automatically made me primary owner... View More

Bruce Adrian Last
Bruce Adrian Last
answered on Aug 22, 2017

Covina, CA:

I would talk to a lawyer about this one, particularity as there is the legal analysis and the moral analysis.

To start with the basics, accounts which are held in the names of more than one person generally have a right of survivorship, in that the surviving owner has...
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2 Answers | Asked in Criminal Law and Banking for California on
Q: Money laundering for client

If a client asked me to deposit cash into a bank account and I knew it could be considered money laundering but did it anyway and used my ID at the bank to deposit the cash, can I be found guilty along with them?

Rana Parsanj
Rana Parsanj
answered on Aug 21, 2017

Aiding or abetting is an accomplice theory of liability for the predicate crime that an "accomplice" can be charged with in a criminal matter. If a person is charged under an accomplice theory, they can be charged and sentenced in the same manner as the "principal". Knowledge... View More

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1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Q: Can a bank charge you after 8 years for a deposit box just because they don't think you close it properly? Can I ignore?

Bank B after buying Bank A sent me a 30 day past due bill for a deposit box I am pretty I closed almost 8 years ago. I called them but they said the "original paper" was not signed and they can't find the keys. I don't work for the bank, all I remember is closing everything with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

A lawyer should review the bank contract and related communications. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Banking and Contracts for California on
Q: I bought a sewing machine 3 days ago & the company called today to tell me that they charged the wrong price & I owe

They want me to pay them another thousand dollars

David Keith Hicks
David Keith Hicks
answered on Aug 15, 2017

What reason do they give?

1 Answer | Asked in Banking, Estate Planning and Real Estate Law for California on
Q: Marie (1st choice Executor of Estate), Bill (2nd choice Executor of Estate), and Leon all live in the same house.

Bill and Marie are currently married (17 years). Leon is Marie's ex-husband and they were married over 35 years. The house deed is in both Leon and Marie's names as joint-tenants. Leon recently died two months ago and the house has a mortgage loan that was only in Leon's name and has... View More

Richard Samuel Price
Richard Samuel Price
answered on Aug 4, 2017

I assume that the mortgage is not a reverse-mortgage. When the mortgage company is notified about the passing of Leon, they will not communicate with Bill or Marie about the terms of the mortgage. They may require Bill or Marie to assume the loan. Bill or Marie should bring this situation to an... View More

1 Answer | Asked in Banking and Tax Law for California on
Q: How can I safely get my money into my bank account without being reported or red flagged by the IRS?

Hello, I am a U.S. Citizen and i have "alienable" family whom live in a foreign country. My deceased grandfather left me money to claim for when I turn 19. Now that I am 19 I would like to bring that money into the U.S. and deposit it in my bank account. To avoid my account from being red... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 4, 2017

I strongly suggest talking with a tax professional with experience addressing foreign income and assets for US tax purposes. The general answers to these questions do not take into account many of the nuances that can apply in the US tax and reporting rules.

Generally, if you are not...
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1 Answer | Asked in Banking, Personal Injury and Workers' Compensation for California on
Q: Should I sign a Ietter i received a Settlement offer (Stipulation With Request For Award, further known as Stips)?

I received the letter 6/24/16 & 12/08/16(this time with check enclosed). It mentioned future medical. I didn't sign or cash check because I'm still getting treated for pain. Just received a new letter asking if I need it reissued. Should I sign it or contact adjuster? I want the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 31, 2017

It is generally a bad idea to sign something you do not understand. The adjuster is probably working for the "other side" and may not have your best interests at heart.

It is not possible to comment on the letter without seeing it. It would seem to be a false economy to try to...
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1 Answer | Asked in Banking, Family Law, Civil Rights and Juvenile Law for California on
Q: Can my parents still check and confiscate my phone and other devices? Can they have "access" to my bank account?

I'm an 18 year old living with my parents. My parents pay for my phone bill and gifted me the phone and other devices. I let them do it because I am aware that I am not doing anything of malice, but it does make me uncomfortable. Even if I do talk to my parents, they won't entertain me... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2017

As an 18-year-old you can open your own bank account in your own name without anyone else on the account. It only takes a few dollars to open an account. You might go to your own bank where the existing account is, and ask to open your own account in your own name. Then, once you have done that,... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Landlord - Tenant for California on
Q: i'm a renter in Los Angeles the property is going into foreclosure but the owner is doing a short sale what r my rights

I'm a tenant in California the owner is trying to do a short sale before the property goes into foreclosure,I have been living here for over 6 years with my disabled father. The owners real estate agent advised me that they will make a offer to the bank for relocation assistance but advised me... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 10, 2017

Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and...
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1 Answer | Asked in Divorce, Family Law and Banking for California on
Q: Is it legal for me to report my wife's debit card lost if she is on a manic spending spree?

I am the sole earner. We have a joint account.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

If the card is not lost, then that would be credit card fraud. Have you already filed for divorce, thereby initiating the ATWROS? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Banking, Collections and Gov & Administrative Law for California on
Q: I just have a joint account. It's not my debt and my money was put in hold, levied by Gov, Can I get it back?

I never received notice of this action. I had tried to remove this person from my account earlier, but without them, its nearly impossible, just like it reads to get the levy overturned. A point in the right direction would be greatly appreciated

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

You may need to sue the person who owed the government money if it's affected your finances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for California on
Q: Can a bank charge you for money that was deposit into account without knowledge or permission after they find it is fake

Account holder checks account to see if paychecks and or tax refund had been deposited. And finds that there had been funds added. Holder of account goes to bank after about a day and a half of money being deposited and withdrawals the money to pay bills and other things. About a week goes by and... View More

David Dastrup
David Dastrup
answered on May 8, 2017

Oversimplified possibilities: First, a person does not have a right to keep money that was never their money. But, if someone paid that person for a valid reason, and that someone paid with a fake check that essentially stole money out of another's account, then another should get their money... View More

1 Answer | Asked in Probate, Real Estate Law and Banking for California on
Q: House Deed, home Appraisal, avoid probate, personal property, which order do I do these things in?

So my father passed away almost 40 days ago. The estate including personal property should be less than 150k (California) so not going through probate. I need to get the deed of the house transfered to my name. My father also had a bank account with about 10k. I'm wanting to use an affidavit... View More

Bruce Adrian Last
Bruce Adrian Last
answered on May 3, 2017

Dear La Puente:

You will need to get your appraisal done first, as it will set the date of death value from which you will calculate the total value of the estate. You do not need the property transferred to you first.

I would suggest using a California Probate Referee, as they do...
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2 Answers | Asked in Banking, Contracts and Consumer Law for California on
Q: Is a "Retail Installment Sale Contract" a proof of purchase of a car?

I completed the "Retail Installment Sale Contract" with a Hertz Rent to Buy on 4/28/17. Changed over my insurance that same day, gave downpayment check and drove home in the car. Is the car legally mine and sold to me?

Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

It sounds like you have an effectuated contract, but make sure the title was signed over to you and that you register the car at DMV in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can... View More

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1 Answer | Asked in Banking, Probate and Small Claims for California on
Q: Small Estate Affidavit

Okay, I know without a doubt that my father's estate is a less than 150k. So I won't need to go through probate. websites like Zillow and others confirm the houses value.

My question is, when I go into chase bank when the 40 days are up, are there any other documents I need with... View More

Richard Samuel Price
Richard Samuel Price
answered on Apr 28, 2017

To clarify, the procedure to collect property worth less than $150K is only for personal property. It cannot transfer real property (like a house). But this only applies if all the property, real and personal, is worth less than $150K.

Whenever there is real property you must use some...
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1 Answer | Asked in Family Law, Banking and Elder Law for California on
Q: What do I need to do to get a power of attorney to manage my mothers affairs?

She is currently in a skilled nursing facility following an illness, and they are telling me she can't manage her own affairs any more. What do I need to do to get a power of attorney in California? I live in Colorado, and will be in California to see her Thursday April 27 through Monday May 1.

Sally Bergman
Sally Bergman
answered on Apr 23, 2017

If your mother lacks mental capacity, she cannot execute a power of attorney and a conservatorship might be required. Does she have any other estate planning documents? There are many issues involved here that should be discussed with an elder law attorney. Many will offer you a free telephone... View More

1 Answer | Asked in Banking for California on
Q: My father recently passed away (his wife preceded him) and I'm the personal representative for his estate. What is the

process of gaining access to his bank account?

Zaher Fallahi
Zaher Fallahi
answered on May 29, 2017

If his total estate does not exceed $150K, you may use “Affidavit for Transfer of Personal Property Worth $150,000 or Less” (Google this in your local court website) to declare that you are the only heir and access the account. The information presented herein is for general purposes only. It... View More

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Q: when collection agencies sell an account will it disappear on your credit report?

There was a collections account posted on my report. I have not paid on it. It was recently removed and I would like to know why? Will it reappear on my report? Is it in the process of transferring between agencies? Am i basically in the clear?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

Credit reports may stop listing certain accounts or judgments after a period of time, but that doesn't mean you're necessarily cleared of any related legal liability. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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