knort4

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About knort4

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  1. Unfortunately, he did not leave a will and therefore there was no estate probated for him. http://www.utep.edu/acosta/artistpage.html You can contact the Art Department at the University of El Paso at the following link, and someone there will probably be able to assist you with the items you have and also perhaps in locating his family: http://academics.utep.edu/Default.aspx?tabid=75493 According to other biographical information online, he has brothers and sisters who are managing his estate (his paintings are quite valuable) and if I find out further information I will contact you by private message.
  2. The initials NPD stand for what disease? How old is your brother and does he have the mental competency to understand that the will provides that the house be sold and that he will get some of the money from the sale? Does he have a wife and children? He may be thinking that since he has a share in the home that he is part owner and of course has the right to live there, at least in the short term. Can you afford or can he afford to find another to place to live, whether he is renting or owning? A landlord/tenant/eviction law attorney can advise you on how to evict him, but if there is any way you or someone else can persuade him to find another place to live, please do that. His threat to burn the place down should be taken seriously--do you have insurance on the place? Do you have photos or an inventory of the items that were stolen? Regarding your difficulties with the local law enforcement, what is the population of this little Podunk town you live in where the law enforcement does not take it's responsibilities seriously? Complain to the governor's office and also find an attorney who can advise you on how to overcome the roadblocks being put in your path.
  3. Your husband needs to hire his own probate lawyer to represent your husband's interests in this matter. Since the other attorney is not being forthcoming, you can not necessarily know whether he is being completely truthful or not.
  4. It is not necessarily a conflict of interest, but the heir may want to consider hiring his or her own attorney just to get a second opinion about whatever the executor is advising about the estate, so that the heir can decide if he/she is being BS'ed or not. The heir needs to check at the county courthouse probate court to make sure the will has been submitted for probate. If it has been, the executor will need to show the heir the document called letters testamentary that were issued to the executor. If the executor can not show letters testamentary, then stop cooperating with the so-called executor until they get letters testamentary.
  5. Go online to look up landlord/tenant law for your state or have a consultation with a local landlord/tenant law attorney in your area. It is my understanding that the place you live Is supposed to be put in a habitable condition and having a place where it is too hot and the air conditioning doesn't work would seem to make it uninhabitable. Have you tried discussing this with the landlord to get some type of resolution? Can you afford to purchase another air conditioning unit and install it just to relieve your suffering now? Don't put your life and health in danger--if you need to find another place to live, please do so. And you can worry about paying later what you owe where you live now.
  6. This is in California, correct? Girlfriend needs to hire her own attorney to make sure her interests are represented to the max and so that the widow's attorney will not try to screw her. Girlfriend or her attorney should ask the widow now if the man left a last will and testament and life insurance and pension/retirement benefits. Or maybe she should wait a few weeks since everyone is grieving. The idea of keeping it out of court is NOT a good idea unless both sides know the extent of the value of all assets in this estate. Girlfriend needs to hire her own attorney. Widow will get half of the community property and the girlfriend is probably entitled to the other half.
  7. Do we know for sure that the CD was acquired at a Bank of America or was that bank's name mentioned only as an example? The form that is linked applies to an IRA beneficiary, not necessarily for a Certificate of Deposit, although I guess one could presume that the forms would be similar. She needs to go back to the bank and ask for the previous paperwork to be undone and she definitely does not want to speak to the same person who handled her account before. She needs to talk to someone higher up in management. The bank employee should not have told her that she did not know how to accomplish what Kujo's mother wanted--if she said that then she may be somewhat incompetent or unqualified. Most banks have a beneficiary form that allow for designating more than one beneficiary and she should have provided one. She now needs to name the three people as beneficiaries, with NO ONE being named as a joint account owner. If no one at the bank can help her get what she wants, then she should take her money to get a CD at a different bank.
  8. After you have filed papers to open up probate, you should immediately receive (the same day you file) a document called letters testamentary which will give you authority to handle the estate. Get a certified copy of those letters testamentary so you will have something to show the landlord. You may want to contact a funeral home today to find out what, if anything, you need to do so that the funeral home can be granted access as soon as possible to pick up the body and have it taken to a funeral home of your choice.
  9. The beneficiaries need to hire their own attorney (retain the services on an hourly basis) just to have a second opinion and an honest opinion about whether they should do what the trustee is asking them to do. Trustee is not being completely truthful with the beneficiaries and you will lose your advantage if you just give in to whatever she says. If the trust says nothing about the life insurance or if she has no legal access to the checkbook (how is the checkbook bank account titled--in whose name?) she may not even be entitled to that. You need to be finding out from the life insurance company exactly who the beneficiary was.
  10. Although you can not definitively assume that her injuries are from domestic violence, that is probably the most likely cause. Consider sending the person an email or a letter that gives the contact information for one or more of the local domestic violence organizations and let the person know that you are available if she needs a sympathetic ear or if you can help in any other way.
  11. 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?
  12. 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.
  13. 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.
  14. 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.
  15. 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.