2014年03月

Question

dealth


my mother passed away. her bank account was in her name but her son could write a check for her if needed. since her dealth does this money fall to this son are does it have to be devided with all remaining children



Answer

Re: dealth


If the son was on the account jointly with his mother, he now is the owner of the funds in the account. However, if the intent of the mother was that the funds should be divided between the heirs, then he should transfer the


funds into an account for the estate.



If the son was merely writing a check for his mother pursuant to a POA, then upon her demise, the POA was without legal effect and the funds in the account would automatically belong to your deceased mother's estate.





What can you use to put a shine on a car in the winter that will not freeze?

first off how cold does it get there the way i do this is to get a compound first (Turtle Wax)

or (Mothers) are a few that does a fine job were i live the compound does not freeze so I used that first and then use a paste polish if you compound the car first you may not have to wash it at least I don't not in the winter I'll do some more research on one certain kind that nascar uses and you only have to wash your car one time a year and when you put the polish on it nothing will stick to your paint all you do is wipe it off the rest of the year and it finish stays beautiful like you just did it mabe this helped you some



Question

student loans


If I marry will my spouse assume responsibility for outstanding student loans if I pass away?



Answer

Re: student loans


All student loans I know of go away if you die. The creditor is insured against your death.



Answer

Re: student loans


NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.



Marriage does not automatically force liability for the spouse's premarital debts including student loans. The only way your spouse assumes liability is if he or she voluntarily does so.



Scott R. Jay, Esq.





Question

we just finished a chapter 7 bk and kept our home. when we pulled our credit report, it says the house was included in the bk. we now wished it was in the bk because of repairs needed. if our credit report says it was, does that mean the house might have been included?



Answer

Very likely, yes, your house was included in your bankruptcy. Let me explain.



A house has two debts, the mortgage lien and the personal loan. The mortgage lien gives the lender the right to foreclose if no payments. That is not affected by a bankruptcy.



The personal loan gives the lender the right to sue for a deficiency after a foreclosure (although this may not exist in California; I don't know). The personal loan is discharged in the bankruptcy, which is what the credit report is saying.



You can choose to keep your home by continuing the payments, or you can choose to walk away from it.



The only exception would be a "reaffirmation agreement", a special paper signed by you and filed with the bankruptcy court before the discharge. The paper is also either signed by your lawyer or there is a court hearing. It's not commonly done, but only your lawyer could tell you for sure.





Question

family code


if a 17 year old can support himself,and tells his parents of his whereabouts,can he move out at 17?



Answer

Re: family code


If the parents don't care, I don't see why not.



However, most apt. complexes won't rent to you since you are under 18 and unable to sign a contract.



You can try to emancipate in TX. You have to fulfill certain criteria. Also, your parents have to agree. One parent would have to signed a notarized document to be filed with the court.



Cost - filing fee approx. $250 then attorney fees of at least $750.





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