My ex-husband died intestate with a sizeable 401K and no named beneficiary (more on that later). He was unmarried. We had two children toget...

Question

My ex-husband died intestate with a sizeable 401K and no named beneficiary (more on that later). He was unmarried. We had two children together, and they are his only children. I am the Estate Administrator. The 401K Plan Administrator will pay the funds only to the Estate. Can the children still take advantage of the stretch Inherited IRA?

About the beneficiary: My husband was in hospital and died at the same time his employer was changing Plan Administrators. My husband named our children as beneficiaries with the old Plan, but due to his illness was unable to complete new beneficiary forms for the new Plan, and the new Plan will not accept the previous beneficiary document. Is there anything we can do about that?

I have engaged an estate attorney who appears to be clueless.

Answer

No because your husband did not name the children as beneficiaries. Now that money, all of it, will go to the estate and be available to your husband's creditors, if. Taxes will have to be paid on that money.

The new plan does not have to accept the beneficiary forms from the old plan. I am not aware of anything that requires them to do so. If you do not like your attorney then fire him/her and get another more experienced attorney.

I bought a car recently from a small delearship however it has a bad engine and its no longer working properly . What would happen if I retu...

Question

I bought a car recently from a small delearship however it has a bad engine and its no longer working properly . What would happen if I return the car to the dealership and stop paying it? I hear it would get repoed but will I get punished for it?

Answer

You will still owe the balance of the car loan after the car is sold at auction, and the lender can sue you for it if you do not pay.

Assuming it was a used car, and not a new car, then it's not a lemon under California's lemon law. What you ought to do is to try to get your money back, or perhaps consider suing the dealership for misrepresentation (both intentional and negligent).

The police came to my house claiming they had a knock and talk warrant and 11:00 pm. My 15 year old daughter allowed them to come in the hou...

Question

The police came to my house claiming they had a knock and talk warrant and 11:00 pm. My 15 year old daughter allowed them to come in the house. When I was walking to the front of the house the police were already in my house. Was that illegal?

Answer

No one here has all the facts but if they had a warrant and a 15 year old let them in, there's likely no problem at all.

But the more important question is the one you didn't ask. If there is a warrant for you, why have you not already hired a lawyer?

Answer

There is no such thing as a knock and talk warrant. A knock and talk is conducted where the officer does not have probable cause to get a warrant, and so instead decides to approach the residence, knock on teh door and talk to whomever answers the door. Your daughter answers the door. If she is old enough to answer the door then she is old enough to give consent to the police to enter your house. If you have given her permission to open the door, which means she is more than three years old, then teh police can rely on her representation that she has apparent authority to allow them into your house. Therefore, everything you describe is legal. You didn't like the fact that the police did a knock and talk, then you should implement a rule in the house, NO ONE ANSWER THE DOOR BUT YOU. But be ready. If the police come back with a search warrant, and knock on the door, and everyone sits quietly because they cannot answer the door, only you. The police may kick the door off the hinges, and guess who will have to pay for that.

The most important question: Why are the police looking at you? The next most important question: Why if the police are looking at you, have you nto had a sit down with an experienced attorney? Cheap does not serve anyone well when it comes to criminal investigations. Lawguru is not a real source of legal info, just a legal meeting spot to bounce ideas off of attorneys. It is like Facebooking with attorneys, but you cannot go to the bank with that information. When folks come here and act as if they are going to get info that they themselves can put into practice (do it yourself info) they are retarded, and should expect to go to jail. Good luck.

Lawrence

My pre-trial hearing is in 2 weeks in Odessa Texas. I've been offered 6 months jail time. Don't prosecutors usually make a second offer if t...

Question

My pre-trial hearing is in 2 weeks in Odessa Texas. I've been offered 6 months jail time. Don't prosecutors usually make a second offer if the first one isn't accepted?

Answer

There is no standard to this. You should talk to your lawyer about what the best is that you can expect to be offered.

I entered US on a K1 visa and now married and currently awaiting for my residency status however my son was on a K2 visa that just expired b...

Question

I entered US on a K1 visa and now married and currently awaiting for my residency status however my son was on a K2 visa that just expired before my status adjustment. He is still in my country and hasn't used the visa. What could we do to bring him here to join us?Do we need to file another petition or is there a way to re-apply for a k2 visa for him?

Answer

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

My boyfriend and I were pulled over in my vehicle which is registered in my name. He was driving and I was in the passenger seat. We were pu...

Question

My boyfriend and I were pulled over in my vehicle which is registered in my name. He was driving and I was in the passenger seat. We were pulled over after leaving a party. He ran from the cops as soon as he stopped the car and I was drunk so I stayed put. The cops didn't find him. To make a long story short the cops owed me vehicle even though it was mine and I didn't do anything wrong and put a hold on it until the driver turned himself in. By a hold I mean I was charged a park fee everyday and I cannot pay the fees until the driver turned themselves in. They will not let me get any of my stuff out and I believe I was done wrong because it is my vehicle and my stuff in the car. I don't understand how they have the right to do anything of this. I could have slept in my car until I was sober enough to drive but no they had to tow it. I need some legal help with this issue and fast. If need be I will pay for a lawyer. But this is my first step.

Answer

The vehicle was used in a crime so it may be "held" as evidence. If the police will not release the vehicle the only way to do so is through court order. There may be an easier way I.e. convince the prosecutor to release the hold. Contactme for more information.

I know someone who may be inheriting a house with a mortgage between her, her brother, and her mother. She won't be held liable for paying t...

Question

I know someone who may be inheriting a house with a mortgage between her, her brother, and her mother. She won't be held liable for paying the mortgage if she didn't agree to this right? Also, someone may be inheriting a paid off lake house between her and her brother. Will she have to pay the taxes without agreeing to this? What if she wants to sell and the brother does not?

Answer

This is a great question. Any property left in a will or gifted to another person can be "disclaimed." That means the person who stands to inherit property can choose whether they actually receive it or not.

If an individual does disclaim property, then the will may state who stands next in line to inherit the property. If it does not, then it will pass through the Illinois inheritance laws.

So the person you are asking the question for has two options. She can disclaim the property, meaning she will not get title to it and not be liable for making payments on the mortgage.

Alternatively, if she accepts title to the property through inheritance, she will not be personally liable for the mortgage, meaning the bank can't come after her personally for non-payment, but the bank can still foreclose on the property if payments are not made. So this person may end up losing the property (and end up being named a Defendant in the lawsuit), if payments are not made on the mortgage.

Given the nature of this problem, it may be an excellent idea for her to seek the advice of an attorney who can go over all the information and advise her accordingly.