knort4

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About knort4

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  1. Are you going to be able to describe an inventory of what was taken? Have you made a report to the police about these items?
  2. Talk to 3-4 landlord/tenant law attorneys (first consultation is usually free or very inexpensive). You need an attorney immediately to intervene and to put the landlord on notice that she is violating the law, and then perhaps the needless harassment will end.
  3. Is there some reason that you do not live with your parents? Do your grandparents have legal custody of you or do they have a guardianship over you? What is the reason that you get this money or what government program sends it to you? Ask the bank if you can get an account set up that only has YOUR name on it. If they give you a reason saying that they can't do it, then you can talk to a business law attorney to advise you on what to do next. Go to the library and find out what the name of the local social services agencies are that help people find housing in your area. Since you have a lot of free time on your hands now, you need to start demonstrating some maturity by going out to find a job so you can afford a place to live.
  4. Do NOT be afraid to use the IRS procedure--they are not going to go after you. They are going to go after this silly COMPANY for causing the aggravation. This is a mistake that frequently happens with companies who are sloppy with their payroll deductions and believe me, the company will respond quickly after they are contacted by the IRS about this. At some point the taxes will need to be recalculated (probably the IRS will do it for you) for the years that the W2's are corrected. Let's hope that you end up with a refund instead of having to pay addtional taxes.
  5. Do you have a signed lease/rental agreement from the landlord that shows what the monthly rent is? Do you have anything in writing that shows what type of care they want the renter to give to the elderly woman? It's not clear from your posting whether you are paying the monthly rent or whether you daughter is paying it or are you both paying it together? Do you have receipts to prove what you and your daughter have paid? It may be illegal for the landlord to keep just arbitrarily raising the rent on a whim. Visit the local library to get on a computer and research landlord/tenant rights for California, AND you need to immediately have a consultation with a landlord/tenant attorney and find out what your rights are as a tenant. Take along any paperwork you have to the consultation so your attorney can help you figure this mess out. The landlord can evict you but there is a timeframe for doing so and your attorney can help you figure out a strategy to either continue living there or finding another place to live. Since the landlord has not given you proper written notice that is a loophole than can work out in your favor or if you have paid sufficient rent to allow you to stay for the current month she can not just ask you to leave. It shouldn't have been too hard for you to figure out that this place wasn't working out for you. If you can afford to find a place to live on your own, without bringing your daughter or other people into the situation whose names are not on the lease, then please do so.
  6. You have confused the issue by titling your posting "Living Trust" when apparently there is no trust. A life estate means that she gets the right to live in the home until she dies. But apparently that may not happen since you imply she will be going to an assisted living facility. And so the executor may decide to sell the home after she leaves it.
  7. Your wife should just be patient and let the probate process take its course. If they do file the will in a few weeks time, you can order a copy of it by mail from the county courthouse probate court, since it will be a matter of public record. Having the sister ask your wife to make a payment is very odd and out of the ordinary--do not make the payment. If this estate has any assets in it, there should be enough money in it for the estate to pay the remaining bill to get the truck paid off. Was the father believed to be mentally competent? Is it possible that sister could have exerted undue influence on him to get him to sign a new will that favored her by naming her as the only beneficiary? Or is it also possible that father could have changed his mind on his own and decided to give this sister favorable treatment? She may be afraid that you are going to contest the will. After you see the will you can consult with a probate attorney to figure out what options you may have.
  8. This is the second message on this message board that the poster has posted about a trust.
  9. If dad's estate is worth anything, the son needs to open up probate and that would give him legal authority to handle estate affairs. Is there enough money left in the estate to pay the funeral expenses? If so, then he needs to let the funeral home know that he, as administrator of the estate, will take care of that matter. If there is not enough money, then he doesn't need to deal with that, since it appears that the funeral home is going to hold the sister with the POA responsible. If the con artist does not in fact live at dad's address, then your son needs to report to the local post office that her filling out the change of address form was fraudulent.
  10. There is no way to give a definitive answer to your question. It does take a few months to manage the affairs of a trust, so what you were told about the timeline sounds reasonable, but the excuse that it takes time "for a trust be recorded" sounds like BS. Maybe they thought you were stupid and wouldn't know any better.
  11. You need to retain the services of an attorney who will represent YOUR interests and who can answer your questions. You have not mentioned what state is applicable here. You and your brother are eventually going to have to provide an accounting for every account you have managed/handled. Ask your attorney if the will permits an executor to purchase an executor's bond (to protect the financial interest of the beneficiaries from fraud or deception) or whether that requirement is exempt, and also ask the same question in regards to the trust. Maybe your attorney can figure out some inducement to persuade brother to go ahead and sign--your brother's excuse that he is scared that you all may be trying to steal his share of the estate is unreasonable and makes one want to question his sanity--I think it's a phony excuse that is not the real reason. Your attorney may want to send brother a letter warning that he could potentially face malfeasance charges if everything is not done correctly.
  12. What evidence do you have that the trustee is stealing? Look at the trust language to see if it requires that a trustee bond be posted or whether it exempts a trustee bond. You will need to retain the services of a trust attorney who has experience with trust litigation, and your attorney may also want to ask the trustee for a copy of tax returns and accounting statements for each year that the trust has been in existence, if Michigan law allows such a request.
  13. Exactly how did the trustee steal $750,000 without the beneficiaries knowing about it? Yes, that is what the bond is for, to protect against theft from the trustee. Have the beneficiaries ever asked for (in writing) an accounting for each year the trust has been in existence, or were they not aware that they could do that? Have the beneficiaries ever consulted with a trust attorney to get their questions answered about any aspects of the trust? The beneficiaries should ask their attorney to make such a request to the trustee. If there is a conflict between what the will says and what the trust says, then what the trust says is going to take precedence. Is the property you allege is in the will is it also listed in the trust and was title/ownership to the property ever changed to show that it should now be owned by the trust? They need to get their situation reviewed ASAP by an attorney who has experience with trust litigation.
  14. Why do you think she wanted your credit score? You should seriously consider ordering a copy of your credit report from one of the credit reporting agencies to confirm that there hasn't been any recent fraudulent activity.