The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?
The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to...Read more »
An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »
More information is needed. Speak with a local attorney. [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.]
A USPS tracking number for a 12oz package that is not the item I purchased. Delivered to an address other than the address I provided was used to claim I had received my purchase that weighed 144lbs which is over the maximum weight limit of 70lbs for delivery by the USPS. Not receiving my purchase... Read more »
Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.
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 »
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 »
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 »
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.]
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.
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 »
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 »
Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.
I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.
The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some...Read more »
A friend of mine Give me a check and asked me to put in my account it cleared the bank refuses to give me the money for the money cleared on the 14th I just found out today the 23rd They told me they wanted my friend to verify himself so I went and got him got all the documents to verify himself... Read more »
Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?
Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... Read more »
this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.
My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »
Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.