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Q: If an x does not agree on a decision, who needs to file the motion?

1 Answer | Asked in Family Law for Colorado on
Answered on May 27, 2016

Check your custody agreement (which is sounds like you already have). As a general rule, what you choose to do with your child during your parenting time is your business, so you likely could have the child attend during your parenting days. Your ex can seek an injunction to prevent this. If a true impasse exists, the only option is a court action. You may want to also petition for a custody modification to allow binding arbitration instead of court action when the 50/50 decision makers cannot...
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Q: Sorry. I should have been more clear; my father died a few months ago and I don't think he had a will. His heirs are

1 Answer | Asked in Family Law, Estate Planning and Probate for California on
Answered on May 27, 2016

Under the laws of intestate succession (died without a will), for an unmarried decedent the heirs are his biological children. Step-children do not count.

If you want to change the distribution from intestate succession, then you must create a valid will. If you are a beneficiary of a will, then you are entitled to a copy of it. If there is a will, the person holding the original will must lodge it with the probate court within 30 days of death.

The only way to transfer...
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Q: I have owned my condo for over 20 years. Was just notified that the HOA plans on assessing an additional assessment to

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

Yes, the board of the HOA can do that. It's irrelevant how long you have owned your condo. If you want a bigger say then you should attend the HOA meetings.
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Q: Question about "excepting therefrom" in an easement agreement

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

I wasn't able to view the easement language, but in terms of interpretation of language you would use the plain meaning or look to the intent of the parties. Which makes the most sense? And it may even depend on what the lots look like. The language isn't interpreted in a vacuum, but takes into account all the facts and circumstances.
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Q: in calif. can a realtor rep of the buyer also have an interest in the property?

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

Yes, but the real estate agent should disclose that interest and any profit being made on the property.
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