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Madame_Justus

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About Madame_Justus

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  • Birthday 02/18/1961
  1. You don't relate any relevant facts. Who died? Where did the dead person live at the time of his/her death? If you are an executor of an estate then you need to have a probate attorney. You would not be asking these questions if you had one so I suggest that you at least consult with one. First, if you are an executor, it means that whoever died had a will. Read the will. It tells you who among the living gets the property. I don't understand your references to brothers, their share and their children. Why are their children relevant? Why are you paying estate expenses? Whoever died, expenses of the dead person are the responsibility of the dead person's estate. If there is not enough money, then debts get paid in order of priority before the heirs get anything. If the home has to be sold, then it needs sold \, the debts get paid and whatever is left gets distributed to the beneficiaries. Your post is really confusing. I have no idea what is going on. How can intestacy law override a clear directive in a will? That makes no sense to me and I don't know who led you to believe such a thing. Assuming a parent of yours died, the parent's property goes to you and your siblings if that is what the will says. If one sibling died, did he die before or after the parent whose estate you are the executor for? It makes a difference. If brother died before parent, does the will say what happens to a share of a dead child? If the will is silent, most states have what are called anti-lapse statutes. The statutes basically say that if a child died before the testator and the dead child had children, then the grandchildren can inherit the share of their deceased parent. However, if brother died after parent, then you need to see if the will had any kind of survivorship requirement. If the will says nothing, then the brother's share goes into brother's estate and is distributed as per his will if he had one or via the intestacy laws of the state where brother lived at the time of his death. If brother had a wife and one or more children, the wife could get 1/3 to 1/2 of the brother's share of parent's estate depending on how many children brother had. All brother's biological or adopted legitimate children can inherit from brother. If second brother is alive, why do we care about his children unless the dead person's will made the children of brother 2 beneficiaries of something? Or did he died too? If he died, you again have to look at whether he died before or after his parent. Again, if the will is silent and he died before the parent, the anti-lapse statute comes into play and the property passes to brother 2's legitimate biological or adopted children. If brother 2 died after his parent, then his share goes to his wife, if any and children. Since you don't want to get a lawyer, I suggest that you renounce and see if your county has a process for appointing a public administrator. The administrator will be paid out of estate assets but at least the estate will be administered correctly.
  2. No joint accounts with anyone for as long as you have these unresolved judgments. In Florida, there is wage garnishment. Any bank accounts you have can be levied upon unless you receive exempt income and any assets that you own free and clear that are titled only in your name are also at risk of seizure. Florida does have exemptions so you need to discuss these with an attorney who handles the resolution of debts. If the judgments are for credit card debt the creditors will settle with you. What they will accept can vary and range from 20% to 80% of the balance of the debt at the time you settle. However, you need to settle the debt in the right way which is why a lawyer is important. Make sure that you get a settlement letter outlining the terms of repayment. Pay by cashier's check or money order and make a copy of it before you send it. Send any payments via UPS/FedEx or certified mail to make sure the creditors get it. 30 days after payment, follow up to make sure the judgments are marked satisfied.
  3. I agree with my colleagues and I think its unlikely that either a criminal or civil suit would be pursued here because of the sum involved. Your friend, for all that he is being a minister, obviously has not handled this correctly. He had no business using that money and should have done the decent thing and returned it along time ago. Some minister - doesn't he know the road to hell is laid with good intentions? I suppose if his congregation really feels sorry for him they can take up a collection and send the money back to Norway.
  4. If you have a lien then conveying the assets to a trust is going to expose them to liability. Revocable living trusts do not protect assets from creditor's claims. The second problem is that even if you created a trust, you do not own the cars and your brother would have to be willing to convey the cars to the trust. However, assuming he is willing to do this, then you will first have to go to a lawyer to set up a trust and then convey the cars into the trust. What I would do is have your other brother create the trust and have you be a beneficiary of the trust but make it a spendthrift trust so that if your ex-wife does learn of the trust that she would not be able compel the trustee to pay over any assets. I don't personally agree with what you are trying to do but what you are doing is sophisticated. You need to see an estate planning attorney along with your brother since he is the one who will be setting up the trust.
  5. No. The sibling has no right to demand visitation. However, more is going on here. Why are the children separated? And why do you have custody of 2 children? Who has custody of the other child? Why, if the 2 children are in your custody, why can't you let the children in your custody contact their sibling? With things like facebook and email and videos it would be easy for the children to communicate if the older child has access to a computer and is not guarded. Are you not the grandparents of the older child as well? What rights do you have as grandparents under the law of the state where the older child resides? Some states are strict about this and offer no rights unless there is a custody battle between the parents. However, you would need to talk to a family attorney and find out what rights you have as grandparents. If the answer is none and if the child is in the custody of her parents, then you have no right to interfere with that although its still unclear why you would get custody of the younger children.
  6. Everything is not always spelled out in custody/visitation orders. So the non-custodial parent can go to his son's baseball game if he chooses. Starting arguments at the games is separate. If the non-custodial parent is disruptive, then prudence would dictate that you go back to court to get a modification of the custody/visitation order. Perhaps short of court your lawyer could send your ex-husband a lawyer letter and tell him that he is welcome to attend the games but that he is to refrain from being within 25 feet of you, harassing or arguing.
  7. This sounds like a payday loan albeit one made by a Native American tribe. I have an article about this on my website at rachelhunterlaw.com. While my article focused on the states where I am admitted, there are some links there to other websites. You need to research the law of your state to see if payday loans are legal. Even if they are legal, there may be a registration requirement or a cap on interest. You need to contact a consumer lawyer in your state to review what you signed is legal. Tribal lenders may claim that they are not subject to your state's laws. I don't think that is correct if they wish to sue you in your state's courts. However, confirm this. If my hunch is correct, then the tribal lender is not going to sue you if they are not in compliance. In such case, stop paying and close your bank accounts. If the loan is not in compliance, then you should not owe the excessive interest. If the loan is all 100% in compliance, then even if you close your bank account, what is the worst that can happen? Possibly they would sue. Will they? No lawyer can guarantee they will not, but a payday loan is like any other unsecured debt. Meaning that it can be settled at some point. So try to put a little aside and if the unthinkable does happen you may have enough to be able to settle with them at some point. Payday loans, regardless of whether the lender is a tribal or overseas lender or a lender licensed in your state, are always a bad idea. Stay away from these things.
  8. Your post, while long and rambling makes no sense. Paralegals don't draft wills and trusts. If mom is alive and there is a revocable trust and pourover will, it can be changed. However, mother does not just tell the attorney what she wants and thinks it is done. The attorney has to make the changes and your mother needs to actually sign new documents. If mother never signed anything then the changes were either not made or mother died before she could actually sign the new documents. If the lawyer never prepared new documents, then the executor of mother's estate and/or the beneficiaries can sue the lawyer for malpractice, not the paralegal. It was the lawyer's job. If the lawyer prepared new documents, the lawyer did his/her job. It was up to mother to sign and if she did not then its not the lawyer's fault. The other issue is now that your mother has passed, I assume that mother never executed the new documents. Who is the trustee under the old trust? The executor under the old will? Your statement about trusts overriding wills is not quite correct. It does not work that way. The executor handles any probate assets if there were any. The whole purpose of a trust is to leave as few probate assets as possible and to avoid probate. What assets are there that were not in the trust? Are they probate or non-probate assets? Things like life insurance, IRAs, pensions and joint checking accounts are NON-probate assets. So is land held as a joint tenancy with a right of survivorship. How was the trust funded? What did it own? These assets also are non-probate assets and pass as per the trust, not any will. If the will and trust were correctly drafted, there would be a pourover will that would direct any assets that were left out of the trust to be poured over into the trust after all the estate bills were paid. The best advice that I and others can give is that this is not an issue which you discuss on a public message board. Any lawyer has to see the trusts and wills. If your mother did not actually sign the amendment to the trust or make a new will then it does not matter how clear she was or what she wanted. It does not count. But a lawyer needs to review all the documents and tell you what controls or does not control. So get to a probate/estates/trust lawyer who practices in the county where the estate for your mother is pending or the state whose law governs the trust.
  9. First, what you are proposing is NOT a good idea. Payment plans are made on the full balance and interest may continue to be assessed. But first things first. Charge-off does not mean that you do not owe the debt. Its just an accounting term - it means the original creditor has given up getting money and the account has moved to the bad debt side of the ledger. Second, you do not "ask" anyone for verification. You request it IN WRITING. The Fair Debt Collection Practices Act requires this to be in writing. Third, your idea of paying by money order would be sound, but you do not dictate the terms. As I said, payment plans are never a good option and I cannot see a good reason why a debtor would ever do them unless the debtor has a lot of assets that would be at risk if judgment were entered and/or does not want his/her wages garnished. What you need to do really is sit down with an attorney and find out your options. How much is owed? How much is "small" for a down payment? Would it be possible to settle in a lump sum for a smaller amount now? If you do not have the funds, how long would it take to get them? What are the ramifications of not paying today? Do you know what the effects of a judgment in your state would be? This is why you need to consult with a lawyer. All collection agencies have an address. I have never heard of a collection agency refusing money before for properly negotiated accounts. You first begin by requesting a letter outlining the proposed payment terms - as in "I will pay x $ down followed by 12 monthly payments of y $ until the settlement amount is paid." The letter then describes where payment is sent and by what dates the payments are to be received. Usually there is a reference number for the file which you write on your check or money order so I do not understand how a collection agency cannot track a payment if you reference a file number on the memo line. *******
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