How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38751
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

1. Under what authority do you conclude that IRAs are not somehow

Customer Question

1. Under what authority do you conclude that IRAs are not somehow protected from suit.?
2. Does the location of the land matter for all U.S code provision?
3. Explain: If for some reason the buyer chooses to file suit in the US over a breach of contract--- then Roth IRA accounts are most definitely able to be pursued if a judgment is obtained. And then--- The seller cannot use Roth, Traditional, 401K plans, or any other qualified plan to somehow protect himself from the judgment, those funds are able to be pursued if a judgment is obtained.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Zev.

I do appreciate you requesting me again. I believe I have answered this question in your other post. Kindly review and if satisfied, positively rate my responses. There is no need to keep opening the same questions over and over as that may create multiple billing charges.

Sincerely,

Dimitry, Esq.
Customer: replied 1 year ago.
Sorry, I did not receive your answer . Would you kind to reply to my questions again?
Expert:  Dimitry K., Esq. replied 1 year ago.

Zev,

Thank you for your follow-up. I see that the answer was read about 30 minutes ago. I will repost it below.

1. Under what authority do you conclude that IRAs are not somehow protected from suit.?
Under federal law. IRAs are not exempt from collections. The previous professional already provided you with relevant statutory authority and I happen to agree with him completely in this instance.

2. Does the location of the land matter for all U.S code provision?
No. If a judgment is obtained and domesticated in the US, then the judgment can be pursued wherever the defendant is located.

3. Explain: If for some reason the buyer chooses to file suit in the US over a breach of contract--- then Roth IRA accounts are most definitely able to be pursued if a judgment is obtained. And then--- The seller cannot use Roth, Traditional, 401K plans, or any other qualified plan to somehow protect himself from the judgment, those funds are able to be pursued if a judgment is obtained.
Yes, correct. Typically 'In Rem' (real property) actions that deal with land are pursued in the state or jurisdiction where the property is located. But the US does have federal courts for diversity jurisdiction and if the parties are in different jurisdictions and the matter in controversy is $75,000 or more, federal courts can hear the case. But picking proper venue is generally up to the plaintiff unless the venue is somehow invalid. Plus, if the agreement had a choice of law clause that pointed to US jurisdiction, then US state courts would be able to hear the case as well.

Good luck.

Customer: replied 1 year ago.



My last word- under inheritance rule- the governing jurisdiction is the RESIDENCE STATE NOT THE FEDERAL LAW. IS YOUR ANSWER BEING THE SAME4 IF I CREATE A TRUST?
Expert:  Dimitry K., Esq. replied 1 year ago.

Zev,

The answer is the same. Federal courts, if they are the ones used to hear the matter in controversy, take upon and utilize state substantive law when they do so. (For example a federal court in California would use California law to evaluate the process). The trust does not necessarily protect from collections if the trust is irrevocable, it can be broken and the fund pursued.

Good luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16635 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.