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  1. flyingron

    401k being deducted out of a paycheck but not going into 401k account

    No, this is not proper. The moneys need to be put into the appropriate accounts based on the plan document. You can't "escrow" them (at least not more than the middle of the next month) nor do you get to deposit them in some other 401(k) plan. This is going to be a mess. The...
  2. flyingron

    how to deal with a Geico lowball offer auto accident

    $200 won't even get you in the door at a body shop.
  3. flyingron

    Medical PoA and competency

    Unfortunately, the Medical POA won't work if she contradicts the order or rescinds it unless she's proven to be incompetent.
  4. flyingron

    J Visa Can a J2 live in another state than J1?

    I presume you already have the EAD? Anyhow, there's no co-residency requirement strictly, but they might question if you are genuinely married.
  5. flyingron

    1031 exchange as a canadian

    For what purpose are you buying the home? A 1031 exchange isn't for personal residences (or even second homes). It's only allowed on business or investment properties. But if that is the case, you can use that. You are going to need a Taxpayer Identification Number as even without the...
  6. flyingron

    Cavalry LLC is suing us and wants to put a lien. Can they force a sale of our home?

    No. The judgement lien that they would get just means that if Mom did sell the property, that lien would ensure they get their money (because nobody would likely buy the property without also having the lien paid off). It does mean that if mom does decide to take a mortgage out on the...
  7. flyingron

    change joint tenancy of house to trust

    Note that these schemes means you are unprotected in your interest until she passes. Be it an outright deed to her or into a trust that will get you the step up, there's nothing that says she can't then sell it or change whatever estate planning tool there so that you don't get it.
  8. flyingron

    Can a Leon holder report the car stolen

    Specifically, the finance contract is almost always with someone OTHER than the guy who sold you the car. You're not doing anything to the guy who sold you the lemon by not paying, you're screwing the bank which will come back on you and likely end up with a collection/lawsuit and certainly a...
  9. flyingron

    Tax Rates On Capital Gains?

    I think the WeWork guy is drumming up a new round of funding for his new venture.
  10. flyingron

    Tax Rates On Capital Gains?

    It doesn't work that way. You don't just get to deduct the social security from your total income. The sum of your income for the year including social security and the capital gain both go into determining BOTH what the capital gains rate is AND how much (if any) of your SS income is taxed.
  11. flyingron

    Grounds for Illegal Eviction

    A verbal agreement for real estate is meaningless. Who owns the property now? Is it still the estate? You don't get dismissals (or even lawsuit) just because you are unhappy with the probate procedure. Problems with probate you need to pursue in probate court. Your eviction case is...
  12. flyingron

    Confused about jurisdiction between family (juvenile) and criminal court...

    You should be talking to your attorney. If he only handles criminal charges without experience in family matters, he should recommend additional counsel. Unfortunately, the magistrate system in NC is pretty broken and the thresholds for getting them to do something is pretty low (I actually...
  13. flyingron

    dfcs

    You need an attorney, and I recommend that you stop drinking.
  14. flyingron

    Can a Canadian register a trailer in the US?

    Actually, the trailer should be registered where it is "garaged." Lots of snowbirds that keep cars in Florida rightfully keep their vehicles registered there. Florida does not require any proof of residency to register/title cars there.
  15. flyingron

    Authority of a Trustee as joint bank account holder.

    The will means nothing while the person is alive. Once it's dead, it guides the probate process. Hopefully, it gives the assets to the TRUST not the trustee. Giving to a trustee directly doesn't bind the trustee with any responsibility.
  16. flyingron

    Authority of a Trustee as joint bank account holder.

    Power of attorney expires with the old lady. While she's alive you can act for her. If you are listed as joint account holder, you an do what you want with the money while she is alive or dead. The trust only applies to things titled to the trust. As trustee, you can only do things with...
  17. flyingron

    I was rear ended and found at fault

    All good advice but there are a couple of errors. In Texas, the accident report is exempt from the hearsay rules. Further, if the officer testifies, depending on his training and other evidence he is presenting, he may indeed be able to draw conclusions as an expert.
  18. flyingron

    DPA for my husband and myself - need help figuring it out

    Many lawyers who handle that sort of thing will do more than just draft a single DPA. It may not be sufficient for your needs. A DPA may fall short in medical situations. A separately and specifically drafted medical POA and advanced medical directive may be well advised. In addition...
  19. flyingron

    No will left by deceased

    This is not a probate issue., really. You're not an heir. You have no inheritance rights. The issue (as Tax Counsel) puts it is whether there was any contractual relationship with the deceased as to the rights to the car. If he were alive and refused to turn it over to you it would be...
  20. flyingron

    shoplifting

    The quick answer is that if you weren't a Walmart employee and caught stealing or a shoplifter who got convicted, you likely aren't in a database that exists outside of the local store. Long answer: Walmart is a big player in an organization called the National Retail Mutual Association that...
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