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Questions Answered by Jessica B

Jessica B

Jessica B

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Jessica B
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My parents' estate is valued at less than $184,500.00 and thus qualifies for an "Affidavit for Collection of Personal Property" in the state of California where my mother died (who survived my dad) and where I live. There are two different retirement accounts (one was my dad's and one was my mom's) that together are worth around $100,000. Neither account has a named beneficiary, but I am listed in each of their living trusts as an heir. Both companies are insisting that I have to go to probate in order to receive the funds. The ACP clearly states that they are to release the funds and will be held harmless from any liability if they release in good faith, and they have no duty to inquire as to the veracity of the statements in the Affidavit. It also says that they will be responsible for any attorney's fees that I might incur because they don't honor the Affidavit. I'm getting nowhere with them. Any thoughts and/or suggestions?

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So a bit of a rundown. My parents bought a house in Tennessee about a year and a half ago. They planned on renting it out until they moved this year. I did the initial walkthrough when the house was purchased and there was no damage. As of last July, my parents contracted with a property management company. There were certain conditions verbally stipulated and agreed upon. They were told there would be photos prior to the tenants moving in. Everything seemed fine and the tenants just moved out. I did a walkthrough/final inspection yesterday and found multiple instances of damage. After being provided inspection photos, none of the damage is shown in the originals — it appears the photos were taken while the tenants were moving in, not before. The property management company is claiming the damage was there prior.

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I own a mobile home park in upstate New York. I had a former tenant sell her trailer without approval from the mobile home park. The purchasers were not approved to move into the mobile home park. They do not have a lease and will not be given one. I have not collected any rent or money from them yet.

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