Probate is the court that oversees the distribution of estates. When a Last Will and Testament are submitted to Probate, the judge reviews the Will, authorizes its validity, approves or disapproves its content, and oversees its execution as indicated in the content.
In Bankruptcy, Who Notifies Creditors to Stop Garnishing My Wages?
If the creditor is listed on the Bankruptcy filing’s petition schedules, the court will provide notice to that creditor to immediately cease the garnishing of wages.
However, it certainly would not be inappropriate for the debtor to contact the entity garnishing his or her wages and inform them in writing of the bankruptcy filing and providing the bankruptcy case number to the creditor. In doing so, the creditor is made aware of the filings through a second means, and has no excuse for failing to stop the garnishment of wages.
If a Debt Has Been Written Off by a Creditor, Should I Still Include It in My Bankruptcy Filing?
A debtor cannot always be sure that a debt has not been sold or assigned to a collection agency or other third party debt collector source. Nor can a debtor be 100% sure that the creditor might not reactivate a past due account for collection at a later date.
Is an Unsigned Email Confirming Repayment of a Loan Equal to a Promissory Note?
When a friend or family member borrows money, many times that person will confirm their intent to repay the loan through an email or letter. And while such a confirmation helps solidify the existence of the loan, it is far and away a poor substitute for a legal and valid Promissory Note.
Can a Co-Trustee Add, Sell or Transfer Property to a Trust Independently?
What actions a Co-Trustee can take in regards to the assets of that Trust depends upon the language contained within the Trust document itself.
Can My Landlord Fill In Blank Spaces On Our Apartment Lease After the Fact?
A contract should never be signed by either party without the full terms of the contract written into place. By signing a document with open “fill in the blank” spaces, you leave yourself open to exactly such a situation where the details of the contract are entered after-the-fact.
(In fact, when a person is signing a contract, he or she should ‘strike out’ — i.e. put a line through — any blank spaces left on the document, to discourage changes to the terms after the fact.)
Can a Nursing Home Seize Assets From a Trust to Pay for Provided Health Care?
A Trust is a stand-alone legal entity, separate from a person and the liabilities created by an individual.
Can I Establish Multiple Power of Attorneys to Handle My Affairs?
A person can grant multiple persons to have Power of Attorney over his affairs — and revoke those Power of Attorney designations at his discretion, provided the legal documents are properly set up and executed.
When Should a Person Use an A / B Trust?
If a person\’s estate is worth in excess of $1.5 million (i.e. $1,500,000), with the proper planning a married couple can take advantage of a marital tax credit, thereby reducing (or reducing the likelihood) of significant federal estate taxes.
Can I Sell Real Estate I Own to an LLC I Create?
Yes, a person can sell the real estate property he or she owns to anyone (or any entity) that can make the purchase. But there is a practical consideration that must be examined to be able to complete the transaction.