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Everything posted by knort4

  1. Please clarify--are you saying that you are preparing a will on your son's behalf that will appear as if he wrote the will himself and signed it himself? In a separate issue, thank you for volunteering to support this lady, but you are under no further obligation to do so. Explain to her that you can no longer afford to do so and let the chips fall where they may. Hopefully she will not pursue a claim for child support but if she does, of course you will at some point ask that a paternity test be done.
  2. PW, you have "hijacked" someone else's post by adding your question on to theirs. And that is against the rules of this message board. Please delete your post or edit it by erasing the text and then type your own message after you have clicked on the "Start New Topic" link and you will receive a reply to your query after you have also mentioned what state you live in.
  3. Look at your bank's website and see if they have a phone number for you to call for customer service or complaints. Have you filed a police report about this incident? Look at the website for the Arizona Department of Financial Institutions and see if you meet the qualifications for filing a complaint about a bank.
  4. What state is this in? Do you have a lease agreement/contract with the property owner? Review it carefully to see what it says about termination of lease or eviction. Have you been given any type of WRITTEN notice that you need to move?
  5. It may not be wise to depend on the EEOC to fully represent you or investigate. In my experience with them it seems they may give priority to employment situations where many employees have suffered the type of discrimination you describe where there is a defined pattern of behavior. You'll be better off consulting with your own employment law attorney.
  6. The daughter may want to consult with an income tax preparer or professional in her area to have her income tax calculated under both scenarios, whether disclaiming or not disclaiming, to evaluate what her actual tax consequences would be. It could turn out that there would not be much advantage to disclaiming and perhaps she would be better off not to disclaim and then divide up the funds herself and distribute the money however she wishes.
  7. What state is applicable here? Is his wife your stepmother? What type of inventory of the coins are you prepared to present? Does the will mention the specific coins in the collection that are to be distributed?
  8. Have you tried to contact GOOGLE to ask them if they will remove it? Why won't you ask the hotel to contact Tripadvisor?
  9. New York law is notoriously not favorable to beneficiaries looking for/requesting a copy of the trust. You will want to consult with a New York trust law attorney about this, since there probably aren't any who are looking at this message board. Maybe there is a way to get what you want by asking for a different document, such as accounting report or tax return information.
  10. If this estate has virtually no assets, there was no need for her to go to probate. Do you know how much equity your father had in the home, or what the balance due on the mortgage was? If you wanted to continue to make the payments to eventually own the home, you could have made arrangements with the mortgage company to do that but it's too late for that now. Too bad you didn't know about this before. Getting an EIN is very easy and hopefully she will take steps to do that. The check is okay as written. If this estate has other debts, then that may wipe out the value of the check that will be deposited.
  11. Since your health is more important, shouldn't you be trying to find another place to live where you CAN have your friend there to help you? Or can you afford to hire a private nurse or home health care worker to visit you to assist with your mobility. Trying to prove her innocence is not going to help you here--the manager doesn't like her and probably doesn't like you.
  12. You have to "overnight a response by 5 MST" to who, about what document or what legal matter are you referring to? You have failed to post critical, specific details of your situation. It seems like your family is jerking you around for no reason, and you are falling for the bait. Please calm down and stop stressing. If it is true that a bond has been posted, then the probate process is going to eventually play out and if you are patient you can get what is rightfully yours, if anything. Ask them what the name of the bonding company is and the address so you can contact the bonding company yourself to verify the truth of what you have been told. Is your father now alive or deceased? What city does he live in? This matters because probate is going to be done at the city (called the "county seat") of whatever county he lives in, and you will be able to check the county court online records for that county to verify if a probate has been filed for him or not. Do you know whether he made a will or not? Who has the will right now? After you explained to the hospital that you are his daughter, were you allowed to visit him in person? If there is a will, the executor is going to mail you a copy within the next few weeks or months. If there is not a will, the normal procedure is for the executor or personal representative to report the names and address of all legal heirs on a form that is submitted to the courthouse, and hopefully your name will be reported on that form. You can contact the courthouse yourself now or in a few weeks, to ask for all documentation z(sent to you by mail) that has been submitted so far so that you can see what has been done with the estate so far. If your name is not reported on that form you can ask your attorney what steps you need to take next. Since you mention your family members are uncooperative, you can consult with an attorney to get your questions answered or to represent your interests in this matter so he/she can run interference on your behalf if necessary by contacting the executor or personal representative so that you don't have to contact the executor or personal representative if you don't want to. If they don't like you they are probably not going to tell you the truth about anything. You may want to ask your attorney if there is any way that you or the attorney can find out or inquire about whether the children ever got a power of attorney signed by the father which would have authorized one or more of the children to handle/manage his finances. Hopefully the estate will have some type of financial value after any debts he had are paid.
  13. I am guessing that your daughter was kind enough and smart enough not to claim her children as dependents (before now) because she realized there would be a conflict/or confusion with the IRS about this, and so your daughter graciously backed off from claiming them if she knew that the grandparents had already done so. If your daughter had gone ahead and filed using her children as dependents, the matter would have been looked into before now. Your daughter can go ahead and claim the dependents on her return at any time, and it would be better if she files first, but if she doesn't, it won't matter in the end. When the IRS gets your daughter's return and the grandparents' return and sees that the Social Security Numbers for the children match on both returns, they will begin to investigate to determine who is the correct party who is eligible to claim. The IRS will send your daughter and the grandparents a form or notice about how the correction will be made. Your daughter needs to ask whether she should file an amended federal income tax return for any previous year's tax returns where someone else erroneously claimed her children as dependents and maybe she can receive a refund. I don't know whether the grandparents will be asked to pay back the IRS for any monies they wrongfully claimed and were not entitled to claim. If you have any questions about this you can discuss with the IRS on their toll-free number or with a local federal income tax preparer.
  14. What state is this in? You probably can check on the state bar association website to see if there has been any disciplinary action taken against this attorney in the past for unethical conduct. You can look up county court case records online for that county to see if he has ever had criminal charges filed against him in the past.
  15. knort4

    Hotel key

    Why do you prefer to live in the hotel? Why haven't you begun living in a home or apartment? Can you afford to get a loan and repay it on time?
  16. So sorry that you have been mistreated. I was wondering--how did you find out about this job? Were you recruited through a search firm or did you find out about this position on your own?
  17. The beginning of the post mentions that it is in Virginia. What type of business is this and what is the nature of the assets that you are owed? Consult an attorney immediately to find out how you should proceed, by filing a claim against the estate or by doing something else. You may be charged an hourly fee but it will be well worth it after you have recovered what you are aiming to receive.
  18. Why do you NOT consent to the policy?
  19. If your mother died in Colorado, you can order her death certificate just by virtue of being her child, by showing proof of relationship. If your birth certificate shows her name, you can apply to get her death certificate, which I assume will show the SSN. It is possible that your mother put all of her assets into a trust. Did she also have a will? What county in Colorado is this? Check the county courthouse records online by doing a search using your mother's name to see if her will is being probated in court. If she had a will and if you were named beneficiary, the executor should have mailed you a ,copy of it or you can go to the courthouse to look at it in person. Please do not give up. If your sister has NOT filed to open up probate at the county courthouse, YOU (or an attorney you hire) can open up an intestate probate (meaning a proceeding where there is no will). You or the attorney will be named as administrator (not executor), and the administrator will then receive a certified document called letters testamentary. The administrator will then have the legal authority to get the bank records, order copies of your mother's personal income tax returns, and can also get information from Merrill Lynch about her account there. You will probably find many clues about your mother's assets that will help you and your attorney investigate further. Was your mother employed at the time of her death or was she retired? If you know where she worked, you can ask the company if she purchased life insurance there while she was an employee and perhaps she paid for it with a monthly premium that was deducted from her paycheck. If you have a job, you should be able to afford the filing fees for this (or do you have a friend or relative who could help you pay this?). If you tell the attorney that there may be potential for significant assets here, they may work out an affordable payment plan with you or do it pro-bono with an expectation of receiving a fee later on if assets are recovered.
  20. What state is this in? Calfornia? Does your lease mention anything about notice given when rent increases? What type of lease do you have? A month-to-month lease that lasts for a year, or some other type of lease? If you have a lease for more than 30 days (e.g. 1-year lease), your rent cannot be increased during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement (month-to-month), your landlord can increase your rent, but must give you proper advance notice in writing. (Civil Code Section 827 (b)) As of January 1, 2001, a landlord must give the tenant at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. A landlord must give 60 days’ advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.) He does not have the power to evict you with no reason. Ask him to show you the power of attorney. If you have the landlady's phone number, ask a friend or a relative to call her anonymously (on your behalf, and the friend/relative if possible should not mention that they are calling on your behalf unless they want to) and that friend should ask the landlady if she will be collecting the rent payments or is it okay to give the payments to her husband. Can you afford to pay the rent increase or would you prefer to move somewhere else? Landlords are required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy. If the tenant has resided in the unit less than 1 year, the landlord is only required to give a 30-day notice. (Civil Code Section 1946.1)
  21. She's just a mean person making empty threats that she will not follow through on. Please disregard anything she says. How much in "life savings" do you allege that she took? How could she have gotten access to this money unless your mother gave her the bank card? Did your mother give your sister a signed power of attorney to give her permission to handle your mother's finances?
  22. What state is this in? Is there a signed agreement or contract between your mother and the man about her wages? Instead of just accepting the man's promise to "leave her the house and the cars", your mother should have confirmed this by asking to see the will (if in fact one was ever made). Does your mother have any idea of where the will is, who the attorney was who may have helped him draft it, the names of anyone who may have been asked to be witnesses to the will? Unfortunately, you have no legal standing to do anything now--the fiduciary holds all of the power.
  23. He starts by filing a report with the police where he lives in Texas and keep a copy of the police report for his own personal records. He contacts any credit reporting agency (such as Equifax or Experian or TransUnion) to put a freeze on his account. He also needs to let the Social Security agency know that someone else is using his SSN so they can investigate. Is your boyfriend working a regular daily job to earn his living expenses? It is going to take a few months or maybe even a year to straighten out, but if he does nothing, the identity thief will only make it worse by continuing to attempt to commit fraudulent activity.
  24. This is happening in the state of Washington, correct? Yes, you will want to consult an attorney on this to have someone to get your questions answered about the probate process and to have a second opinion/professional advice about anything that the personal representative tells you. This is a somewhat complex situation that can not be sorted out on a message board because we (and you) can not see the details of all the relevant documents involved. The personal representative is going to look at all assets involved, including the bank account to see if a co-account owner was listed on that (who is automatically entitled to get that money when your father died) or whether that money goes into his estate. His wife while living was entitled to at least half of your father's estate, and his children entitled to the other half. If you are implying that the certified letter you received indicates that you are an heir, then that is a positive development for you. Your father's estate will be probated first, and then his wife's estate will be probated at some future date (I assume her children will take care of this). Do you know yet whether his wife left a will? Do NOT sign the non-intervention waiver until you have discussed the pros and cons of this with your attorney.
  25. I'm so sorry that you have been treated so shabbily in this situation. It really hurts when a family member steals from you. Are you and your brother the only beneficiaries of the trust or are there other siblings? He should have had a bank account set up just for the trust only (that is NOT your mother's checking account) so that the monies received after her death should have been put in the trust account and then distributed according to whoever the trust beneficiaries are and also . The court is going to treat him very harshly for not following the instructions of the trust by not setting up a special needs trust. You need to have a consultation with a trust attorney so that he/she can help you decide what your next steps will be: whether to file a lawsuit against him for breach of fiduciary duty or whether your attorney can negotiate a compromise with him where brother could be asked to return most of the money and distribute it correctly or if he will not do that, then he will face legal charges. Only talk to a trust attorney who will give you a free initial consultation.
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