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Texas Law Question re judgments: (hanky-panky against me) 1.

Texas Law Question re judgments: (hanky-panky against me)1. WHO ELSE, if anyone, besides a “judgment creditor”, as defined below – is entitled to “aid from a court”?2. DOES “aid from a court” – essentially mean having the court do “execution”, i.e. via sheriff or such, or other pressure by the court?3. AND PARTICULARLY, what does “other judgment creditor” (as used in below definition) mean or refer to. Does that refer to “by assignment of judgment” – i. e. “standing in the shoes of” – an original judgment creditor – or a prior “assignee” judgment creditor?4. Again, ANYONE ELSE, entitled to “aid from a court”, besides a “judgment creditor”, as defined below?5. Someone is telling the court, that they are “successor in interest of a final judgment rendered in favor of a Law Office, P.C. – a 9 year ago forfeited entity (charter forfeited by Secretary of State, never revived, judgment never transferred, i.e. “assigned”). Is there even such a thing as “successor in interest of a final judgment”? – or have to be the actual (current? assigned?) “judgment creditor”, as defined below?The Texas law I found:Sec. 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, etc.(1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.Udo Birnbaum ***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
I'm a Co-Trustor of my Mother's Trust. I want to sell the

I'm a Co-Trustor of my Mother's Trust. I want to sell the house which I have the authority to do. However, my brother (a beneficiary of the Trust proceeds) believes that I cannot sell without his signature/approval and therefore does not want to leave. He does not pay rent and does not pay the taxes on this property held under the Trust. It is a standard Trust; generic document form. There is no formal definition of a "Beneficiary", only how proceeds will be divided upon the disposal of property assets.Is there a hidden phrase or paragraph I'm not aware of in this Trust in the ten sections that gives a Beneficiary can prevent a sale?Bob

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Ray

Lawyer

Doctoral Degree

35,204 satisfied customers
My niece ( I'll call her Gina) lives in Florida, is age 40

My niece ( I'll call her Gina) lives in Florida, is age 40 and disabled with MS and has a daughter(age 10). She is of sound mind though her health is declining and she is depressed. She receives SSA and medical insurance herself and children's benefits and medical insurance for her daughter from Florida.Her mother established a living trust in May 2013 which became a special needs trust for Gina upon the mother's death ( she died 8/26/14). It was the intention of the mother that Gina not lose the disabled benefits she receives thru Florida now or any future disabled benefits she might qualify for from any other government agency. The family attorney set up the trust and the trustee worked in his office--he oversaw the trustee and Gina felt comfortable with this as he was highly regarded by the family.Since the mother's death things gave drastically changed. The attorney got really sick shortly after and died in May 2015. The relationship with the trustee which was cordial has badly deteriorated since the attorneys death. The trustee is in a different office now. There is no communication except by text between parties and often texts are ignored completely. Gina has no idea what is in the trust, if any income is being produced from it or what expenditures have been made by the trustee! The trustee told her by text that there was an $80,000 estate tax bill due.I have been asked by Gina to become her power of attorney and guardian and also to become guardian for the child as Gina's health is declining. I am concerned her best interests are not beingproperly considered! The child is also sick as well now.Questions:How can this be accomplished and what will be my responsibilities assuming I accept?How do we find out what is exactly in the trust?How do we get tax returns and an accounting of the expenditures made from the trust?The mother's house is in the trust but is not on the market for sale or rent. It's been 15 months since the Gina moved out of it and back to her own house. Gina and her child lived there and cared for her ill mother for 3 years before her death. How do we find out what's going on with that?Can someone else be appointed trustee?I regret this is long but I live in NJ and need to help her!

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Gerald, Esq

Juris Doctor

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Can a trustee who is being sued by the trust beneficiary use

Can a trustee who is being sued by the trust beneficiary use trust assets to pay legal expense of defending against the beneficiary's suit?

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RobertJDFL

Attorney

Juris Doctorate

12,164 satisfied customers
My mother passed away on 4/20/16, she left a house and its

My mother passed away on 4/20/16, she left a house and its contents and a car to me in a trust and a large amount of stock to my daughter who is to receive a sum of money when 18 and the rest when she is 25 year old also in that same trust. She made my uncle first trustee, my aunt second and myself as third trustee. Neither my uncle or aunt will return any phone calls or text. I recently found out that my aunt took all of my mom's jewelry that was promised to my 14 year old daughter. My question..... don't they (1st and 2nd trustees) have to stay in contact with me re: the trust and paying bills i.e medical bills, credit card accounts, etc. I have been getting the run around from the attorney that set up the trust and I keep getting bills for credit cards. Again neither of them will call me back!

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Dwayne B.

Juris Doctor

35,342 satisfied customers
Is it possible in a MN unemployment fraud overpayment case

Is it possible in a MN unemployment fraud overpayment case to negotiate to reduce the interest charges ? My principle including the penalty started at about 3 k but now is well over 14 K I would pay an amount close to the 3k immediately to clear this but I can not see me ever managing to pay off the 14k as I am nearly 54 years old at this time and have NO retirement or any nestegg at all.

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legalgems

Juris Doctorate

13,540 satisfied customers
I was served a libel cease and desist. I informed one member

I was served a libel cease and desist. I informed one member of the Board of my condo ourmanagement company Hoag had its license revoked in 2000 by State Attorney General, whom found $53,000 missingfrom trust funds at the same time our condo had money in trust funds with the mamagement company Hoag. 3 nonlicensed employees of Hoag took money out of trust funds.Theirlicense was reinstated in 2007. I included the full case to the Board member. But, she gave my letterto her to the management company. Now their lawyer is threatening to sue me for libel and I signedhis request not to say anything about the management co (Hoag). I said in my letter to her Hoag admittedto all charges, when in fact they did not admit to anything, but agreed to have license revoked.They signed off on all charges, yet didn't admit to anything.Full case was attached for her to see.Isn't my letter to her privileged ? Is that libel, when letter only given to her ? No malice, no monetary damages.I gave Hoag a cease and desist order for violating my free speech with cases.Lawyer is harassing me because I tried to get Hoag kicked ou of our condo and also via 4 legal agencies got the office manager at Hoag removed. They want revenge.Can I send cease and demand letter for CA PENAL CODE 518,522,523Extorion by force of fear, letter and consent. It is believed by Zaludek, thatunlawful means were used to secure Zaludek's signature on an attempted, or successfulextortion scheme.. I am going on Board now and they want me not to go on.

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Dwayne B.

Juris Doctor

35,342 satisfied customers
My mother- in- law lost her license 2 years ago and

My mother- in- law lost her license 2 years ago and continues to drive. She is 97 with impaired vision. She is fully aware of the risk she is taking in the event she has an accident.We live 600 miles away and have discussed many alternatives for her to be able to continueTo live alone and still meet her needs. My question is, if God forbid she was involved in an accident and someone was injured can we be held libel, having had prior knowledge of her driving privileges being revoked.

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
Actually the minimum charge activity is 0.10hrs. is that ok.

Actually the minimum charge for any activity is 0.10hrs. is that ok.regarding Any court awarded fee and costs. l thought this is regarding the dispute fee between my attorney and me. let me post the whole scenario again. l don't think it is against the other party.1.Legal Fees. Client agrees to pay Firm for time spent on this matter at the hourly rates set forth on the “Fee and Cost Schedule” attached as Exhibit A. The minimum charge for any activity is 10 hours. Clerical charges apply only when an unexpected development requires staff to work after normal working hours. The rates and costs set forth on the Fee and Cost Schedule apply initially and Firm reserves the right to increase its rate. Client will be notified thirty days prior to any change and will be supplied with a revised Fee and Cost Schedule If Client chooses not to consent to the increased rates, Client may terminate Firm's services by giving Firm written notice and signing a substitution of attorney form.. Please note that an important part of Firm's representation of Client includes telephone calls. Firm bills for these calls including telephone conversations with Client.2.Costs and Other Charges. Firm will incur various costs and expenses in performing legal services under this agreement. Client agrees to pay Firm costs and expenses incurred on this matter as set forth in the Fee and Cost Schedule attached as Exhibit A.3.Retainer. Firm requires a $3,500 retainer prior to initiating work on any matter. Firm assumes no responsibility until the retainer is paid. Additionally, if Firm is involved in any litigation, Client must, in addition to the Retainer sum, pay to Firm as a Trial Deposit a sum equivalent to the fees and costs estimated to conduct the trial. The terms and the required retainer amount or trial deposit is set forth on Exhibit A. Any unearned sums remaining from the Retainer or Trial Deposit at termination of Firm's representation will be refunded to the Client.4. Lien. Firm will have a lien for attorneys' fees, interest and costs advanced on all claims, causes of action, proceeds or escrow or trust funds related to any matter or transaction for which Firm renders services and/or incurs costs. The lien includes but is not limited to: ***** ***** of any recovery obtained, whether by settlement, arbitration award, or court judgment; any sums in an escrow or trust account in which Client has an interest; and any proceeds from the sale or encumbrance of an asset of Client. Client agrees that the lien shall apply to all sums owed to Firm including sums accrued on matters or litigation unrelated to the matter or transaction for which the judgment, proceeds, escrow or trust funds are related.5. Court Awarded Fees and Costs. Client understands and agrees that the amount of attorneys' fees and costs that may be awarded or approved by a Court or by way of settlement shall not govern the amount of fees as between Client and Firm and that Firm's fees shall be determined as set forth in this agreement.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
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