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1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: California small estate affadavit

I have financial power of attorney for my adult son. He is next of KIN to his father who just passed away. His only son. He had no estate. I am trying to have his fathers 401K tranistioned to an inherited IRA. I sent all the paperwork, POA etc to to the company. They require a California small... Read more »

Julie King
Julie King
answered on Oct 4, 2022

You can sign a California Small Estate Affidavit in Texas, so long as you have a Texas notary notarize your signature. Best wishes!

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 2, 2022

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Banking on
Q: so i was a victim of credit & debit card fraud, it left my accounts in overdraft, what should i do

it happened a year ago, i only recently became an adult and was super overwhelmed, had no idea what to do. i suffer with anxiety so dealing with this situation on my own was very mentally challenging for me and i tried to avoid it. i know that it won’t go away and i need to contact the bank about... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You probably should hire a lawyer to evaluate your entire financial situation snd see what your best move is from here.

2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are transactional attorneys who help set-up businesses. I have a friend who I refer people to, as I'm a litigator. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

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2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... Read more »

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1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 20, 2022

Get all of your money out of the bank and keep it out until you hire a lawyer and get this problem settled.

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1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

1 Answer | Asked in Estate Planning, Probate, Tax Law and Banking for Illinois on
Q: Is there federal laws for a trust
Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2022

Tax laws and ERISA Qualification laws come to mind. Banking Statutes also cover Trust Regulation. Securities Law may often be indirectly determinative. There are probably many others. Obviously Anti-Trust Statutes. State Laws control most disputes, but Trusts often involve several possible... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... Read more »

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... Read more »

1 Answer | Asked in Contracts, Probate and Banking for Utah on
Q: If a child gets a cd in her name, she's the only beneficiary, her grandfather was the trustee, can anyone else get the $

The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 31, 2022

This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... Read more »

1 Answer | Asked in Civil Litigation and Banking for California on
Q: Do I have possesion rights?

Exgirlfriend and I purchased vehicle together. I have possesion and remain with possesion for 2+ years. She refinanced the vehicle and removed me from the title. She is now demanding I return the vehicle to her. She is threatening to call and report it stolen. What rights do I have in length... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Aug 28, 2022

I would really like to see more information regarding your situation. Since you are in possession of the vehicle and have been a lawful owner prior to the time your former girlfriend refinanced the vehicle, it seems to me that you have a continuing right to possess the car. If your former... Read more »

1 Answer | Asked in Banking and Collections for New York on
Q: Hello I received a check from Wells Fargo because a few years ago they messed up and car was impounded.

I have a letter that explains it not sure if I could get more money?

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2022

The facts aren't fully clear here, but this sounds like it might involve a repossession action. Your question remains open for five weeks - you could try reposting and adding Banking & Collections as categories. There's no guarantee of a response - most attorneys would ask to see... Read more »

1 Answer | Asked in Consumer Law and Banking for Oregon on
Q: Any regulations for a bank such as Chase to require both signatures if a check is made out to John Doe and Jane Doe?

Check was deposited to individuals account not a joint account and it was to be divided equally.

Gregory L Abbott
Gregory L Abbott
answered on Aug 24, 2022

They should require two signatures IF the check was made payable to one person and a second one. If it was just payable to the two names without the "and" included, then either could cash it with just their signature. Instead of "and", an "or" is legally implied.

1 Answer | Asked in Banking for Michigan on
Q: an 84 yrs old was a victim of fraudulent transf of funds , her bank could have protected her she wired $100K to an unkn

She wired to an unknown account $100K Is there a role the bank should have played to step in and check with a family member to check to see if she should be wiring that kind of money? She was duped by someone on the phone to send him the wire payment, and she did what this person told her to do.

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

Unfortunately, no. A person is presumed competent until declared otherwise. That includes the right to make unwise decisions. The bank would have had no legal authority to prevent the transaction or to check with a family member.

This should definitely be reported to the police if it...
Read more »

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