I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your...Read more »
I am only sibling, he was never married/no children. Our parents died. No will. Will I qualify for Small Estate in Ca? Will NJ honor determination? Or will I need administration? Get it here or there? Do I have to travel to NJ?
I am sorry for your loss. It can be difficult to figure out on your own whether you can use a simplified informal process to transfer property. Getting a personal consultation with a California lawyer is recommended after the death of a loved one. The California assets of residents who died with...Read more »
My job is relocating me out of California and my ex wants to move to the same state so the kids don't have to travel for visitation. We have joint custody. Is the child custody and support order issued originally in California still in effect if both parents no longer live there? Would an... Read more »
Yes, the child custody agreement is still in effect even if you both move out of California. You can and probably should register the California child custody agreement in the new state's court system. I recommend that you consult with an attorney in the state where you have relocated to get...Read more »
The State of California does not have inheritance taxes. The federal estate tax applies when you inherit more than $11,580,000 in 2020. Should the property that you are inheriting be located in another state, you may have to pay that state's tax. You should ask an attorney in that state about...Read more »
I am bipolar and have cried in front of my son a couple times and diagnosed epilepsy last year. Can he take. My son away ? He stated he will not bring my son back if my current bf is there. He is slated to go to rehab next week - bf Dow's not live w me nor is he violent. Is this legal?
I am sorry this is happening to you. If you have a court order for child custody, then the father must give your child back to you during your court-ordered custodial time. He cannot just keep your child during your time unless you agreed to it. You should consult with a local family law attorney...Read more »
Married for 24 years, divorced in 2001. Can I go back to court and have the spousal support dropped. Because I'm going on social security soon income is going to change. My income is going to be a lot lower.
When your income drops due to a change in circumstances, such as you describe, then yes, the court will likely reduce or eliminate spousal support. Shortly before you retire and start collecting social security instead of getting your usual pay check, then you should file a Request for Order to...Read more »
My adult old son is incapacitated from earning a living, and without sufficient means. His disabilities pre-dated his age of majority and are well documented. Unlike the Drake case, my son has always lived with me full-time. Can I expect that CA FL 3910 support payments are made to me? Is there... Read more »
The success of obtaining a court order for support of an incapacitated adult child will be determined your evidence. When seeking a support order, one must present evidence of the child’s inability “to be self-supporting because of a mental or physical disability or…inability to find work...Read more »
Married 18 years, with three girls age 17, 15 and 10. I net $8000 per month, have worked as a civil servant in the U.S. defense industry for almost 40 years. My wife works part time but started that years ago when our girls were small. No need anymore since they are older. She still refuses to go... Read more »
It sounds like the initial ask is for temporary spousal support, which is often calculated by inputting the couple's income into one of two computer programs called "Dissomater" or "Xspouse." Most attorney's pay for a license to use this program and can give you a...Read more »
its complicated but my son in law and I do not get along I told him yesterday he needed to go look for a place to live that he could leave Addy with me until he found a place he also is on the spectrum of aspergers he said if He goes so does Addy and you will never see her again
I am so sorry for your loss. In California, grandparents may get visitation rights in a situation like you describe. The laws around grandparent’s rights are convoluted so I recommend that you consult with a family law attorney as soon as possible.
I am sorry that your are in this predicament. Unfortunately, your children’s other parent would be first in line to get custody. Your should consult with attorneys about adoption and estate planning. If partner would consider adopting the children then the biological father would be out of the...Read more »
So I’m getting kicked out from my moms house and I have the choice to go with my dad but there isn’t no rooms available but my friend did offer me a place to stay until my dad fixes the room since he rents them but my moms is saying I can’t do that and she will call me as a run away and I’m... Read more »
While you didn't mention your age but it sounds like you might be a minor. Parents have a legal obligation to provide for their children until 18. You may want to go to or to call your school tomorrow and speak them about what is happening. They see these types of situations regularly and...Read more »
Start with these California Judicial Council Forms: Petition to Establish Parental Relationship (FL-200), Summons (Uniform Parentage — Petition for Custody and Support) (FL-210), and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105). You will need to file...Read more »
I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... Read more »
Im going through a divorce and my ex wife is refinancing the house to her name only and I am to receive my VA certificate back as well as $55k from the equity per our agreement. Ive just been contacted by her loan officer stating that all documents have been signed by her and in order to complete... Read more »
If you have a final judgment signed by the court with those terms, then your settlement agreement has become a court order. She can be held in contempt of court if she fails to complete her side of the deal. Just to be sure if you have a court order to enforce your settlement, you should contact an...Read more »
Good day, I live in Ohio and my son is in California, I pay child support while he lives with his Aunt not his mother. He wants to come out and visit and I'm arranging this with the Aunt who says the mother says it's OK. Is a verbal agreement or the conversation through txt enough for... Read more »
It would be wise to get written consent from your child’s mother. Not knowing what your child custody agreement says, it is safer to assume that you must get her written consent on paper (not via text messages) to take your child out-of-state.
You could try asking your local Legal Aid office if they can assist you or if they have a list. Possibly, the local county Bar Association could help point you in the right direction. If you have to represent yourself, the court should have a help desk that offers assistance with completing forms.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.