Mark Oakley's answer She should not have any assets in her name or jointly with yours. You should establish a special needs trust to hold any assets you leave her in your will. That will protect the assets from disqualifying her from her benefits, while at the same time preserving the assets for her benefit and needs.
David Gormley's answer Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the account to you before filing he has to report this transfer and he losses his ability to use his exemptions to protect at least some of the account.
Cedulie Renee Laumann's answer Anyone can buy real estate for investment or other purposes and the law imposes no obligation to change residence just because someone buys real estate. However, a lender very well may require that a home be the borrower's principal residence to qualify for more favorable lending terms, so the real question likely is: what kind of financing are you seeking? A borrower should not tell a lender a property will be their principal residence unless it truly will be.
Cedulie Renee Laumann's answer Your mother would benefit from some legal advice. Generally it is difficult to recapture funds once they are taken. A judgment creditor has various enforcement rights and they include the right to seize assets belonging to the person who owes the judgment. These include the right to get a certain portion of someone's paycheck.
Maryland law offers some protection to judgment debtors so that people are not deprived of every last penny. Besides limiting the amount of money that can...
Cedulie Renee Laumann's answer If the question is "can an individual make a loan to a business they own," the answer is "generally, yes." The individual would of course need to report any interest income received. If the question is "can a business make a loan to an individual who owns the business" the answer is "it depends." Maryland law licenses mortgage lenders and usually a business cannot make a mortgage loan to any individual if the lender is not licensed. Additionally, mortgages require payment of transfer...
Kenneth V Zichi's answer It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.
There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the first time?) to see the simplest way to accomplish what needs to be done.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an...
Thomas Joseph Maronick Jr's answer How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
Bennett James Wills' answer If you are intentionally using a credit card that you know does not work or is not actually your account and you use it to try and purchase something - then you are potentially committing theft. You risk being charged with a crime.
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.