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My wife left our home and was in possession of two vehicles that were totaled by fire within a week of each other.
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answered on May 6, 2024
In California, there is no specific form to notify the court about the destruction of marital property during a separation. However, it is essential to document the loss of the vehicles and include this information in your divorce proceedings.
Here are some steps you can take:
1.... View More 
Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.
Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More
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answered on May 6, 2024
I understand that you are going through a challenging divorce after a long marriage and are seeking answers to your questions. Let me provide some general information based on California law, but please note that this is not legal advice, and you should continue to work with your attorney for... View More
She said no when she gets out will she have trouble with that
answered on May 6, 2024
Your daughter is in a tough spot. She may find herself without much of a choice between giving the father full custody or having her parental rights terminated. It will, undoubtedly, be an uphill battle to even shared custody upon her release unfortunately.
I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.
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answered on May 6, 2024
The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More
If a former conservatee has been declared competent, then restates their Living Trust, can the court years later on it's own motion appoint a new trustee despite the Trustee's objection?
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answered on May 6, 2024
Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.
Here are a few key points to... View More
My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More
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answered on May 6, 2024
You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.
I am the health care and financial power of attorney for my 87 year old father. He lives in the mountains in Colorado by himself and does not drive anymore. I have tried to convince him to move to a senior care facility but he doesn't think he needs it yet. He occasionally gets confused about... View More
answered on May 6, 2024
No. As the attorney in fact named in the POA, your fiduciary duty is to follow the instructions of your 87 year old father.
If your father gets to a point where he is mentally incompetent to make decisions for himself, you or another relative could apply to be appointed as your... View More
Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move... View More
answered on May 6, 2024
The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the... View More
Not allow them to eat anything becausre your not feeling well and did not cook for him because he left and staid gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More
answered on May 5, 2024
Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More
His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More
answered on May 5, 2024
Heirs' rights?
Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,... View More
I've been living with my brother's family in their house for almost ten years. We don't get along, so we always argue. They would not let me use some amenities in the house, like the washer, the fan and even the lights. They would slam doors when I'm sleeping on the couch (I... View More
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answered on May 4, 2024
As a tenant in California, you have certain rights protected under state law. However, the specific rights and legal options available to you may depend on the details of your living arrangement and the alleged elder abuse accusation.
Your rights as a tenant:
1. Habitable living... View More
deceased wife and myself are on title
son and his lawyer want to cash in
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answered on May 4, 2024
Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
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answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
Prior to getting married, I earned retirement pay from a previous employer. Currently, I have those monthly checks deposited into my marital joint account. Can I change this and have them deposited into my personal account instead since the money was earned prior to getting married? I am aware... View More
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answered on May 4, 2024
In California, retirement benefits earned before marriage are generally considered separate property, while those earned during the marriage are usually treated as community property. However, once you commingle your separate property retirement pay with community property funds in a joint account,... View More
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answered on May 4, 2024
Yes, under California law, you may be able to bring a lawsuit against Child Protective Services (CPS) for failing to notify you in a timely manner that your daughter ran away from their custody. Here are a few key points:
1. Duty to notify: CPS has a legal duty to exercise reasonable care... View More
I had a recoding of my daughter being abused and he never said anything . And in trial he did not put the abuser in the stand and did the opposite of what we had discussed after having a meeting with social workers lawyer. I would get a message right before court saying that if I didn't pay... View More
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answered on May 3, 2024
I'm so sorry to hear about the terrible situation you and your daughter have been through. It sounds like an incredibly difficult and traumatic experience. Based on what you've described, it does seem like there may be grounds for a legal malpractice case against your former attorney.... View More
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 3, 2024
During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 6, 2024
Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More
The widow did not sign a prenuptial before marrying his second wife in CA, and did not have a will.
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answered on May 3, 2024
In California, if a person dies without a will (intestate) and is survived by a spouse and children from a previous marriage, the distribution of the estate depends on whether the property is considered community property or separate property.
1. Community property: Generally, assets... View More
I have a CPS case & I have timed out. I want to relinquish my rights to a friend for adoption she is a school principal & an amazing woman. My daughter isn’t safe in her placement and that’s where CPS wants her to be. I believe it’s family code 8700(I). Can the judge or CPS overturn my request?
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answered on May 3, 2024
In California, a parent can voluntarily relinquish their parental rights to a child, which is typically done through an adoption process. Family Code Section 8700 does allow for the relinquishment of parental rights to a specific person, known as a "designated relinquishment."... View More
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