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Questions Answered by Shawna Murray
1 Answer | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »

Shawna Murray
Shawna Murray answered on Nov 6, 2020

You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... Read more »

1 Answer | Asked in Probate for California on
Q: If I signed on my brothers will and he told after he passes to read it. The will was stolen by his son.

Am i able to request to see the original will ? If so, how do i do this?file a form at probate?

Shawna Murray
Shawna Murray answered on Oct 29, 2020

It is highly probable that your brother had his original will stolen because most attorneys no longer store originals for clients. Your brother should prepare a new will and store it where his son will not easily find it.

If your brother is already deceased, then the executor of his estate...
Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I was incarcerated and had a child during that time and gave temporary guardianship to my mother. She went to court and

Got guardianship for my son, she will not let me see him and I need help on figuring out how to get him back please help me. She even went as far as to call my parole officer and tell him to put a restraining order on me as a part of my parole stipulations and my PO lied to me and said that it was... Read more »

Shawna Murray
Shawna Murray answered on Oct 24, 2020

To end your mother's guardianship of your son, you will need to demonstrate to the judge that it is in your child's best interest to end the guardianship. First, you will need to file a Petition to Terminate Guardianship in the court where the guardianship was granted. You can use the... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: A party provided false statements in a declaration in connection to a motion, what objections can I use?

A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?

Shawna Murray
Shawna Murray answered on Oct 24, 2020

You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.

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1 Answer | Asked in Probate for California on
Q: How to get mother in law out of house after my father has passed away & his trust gave house they were living in to me?

There was an addendum to trust giving her a rental house only and everything else to me.

Shawna Murray
Shawna Murray answered on Oct 13, 2020

If the house is still in the trust, the trustee will need to give her a 60-day notice to vacate (I am assuming she has lived there for more than one year) and treat her like a tenant. If the house has already been transferred to your name, you will be the person to give her the 60-day notice to... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Can I pursue child support from a divorce in 1963? Our Divorce was done in Taylor county Abilene, Texas

Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #

Shawna Murray
Shawna Murray answered on Oct 11, 2020

You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.

1 Answer | Asked in Family Law for California on
Q: Does a woman have access to financial benefits if there is no claimed paternity of child?

My friends girlfriend recently gave birth to their son alone and told him he could not be there for the sole purpose of collecting some kind of financial benefits now that she has a child who no one has claimed the paternity of.

Shawna Murray
Shawna Murray answered on Oct 7, 2020

Either parent can contact the local Department of Child Support services and open case to get child support for the baby. This can be done whether or not the father was at the birth or is on the birth certificate. The father should request a paternity test if and when the mother does opens a case.... Read more »

1 Answer | Asked in Family Law for California on
Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?

Hi

I have full legal sole and physical custody of my child (hes 12)

I was awarded full legal sole and physical custody

CPS took him off his mother and gave him to me because shes an alcoholic

I currently live in the SF bay area

I just got approved to move... Read more »

Shawna Murray
Shawna Murray answered on Oct 4, 2020

If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: Hi, i live at the Laguna Woods Village. I had friend visiting from Hawaii bc of Covid he couldn't get back. He stayed

Here and in Newport Beach.

Apparently, the assoc says that he has been living here and i broke rules. They sent me notice of this. So now.. They sent me a NOTICE OF DISCIPLINARY HEARING

Oct 8.

Do i need a lawyer? I am not allowed to attend ot has be the owner my he's... Read more »

Shawna Murray
Shawna Murray answered on Oct 2, 2020

Strictly speaking, no, you do not need to have a lawyer with you but having an HOA lawyer with you, especially one that knows the peculiarities of Laguna Woods, would be an excellent idea. You can bet that the Association will have a lawyer present to represent them at your discipline hearing. You... Read more »

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3 Answers | Asked in Child Support and Estate Planning for California on
Q: Can you pay for child support from a trust where the child is the beneficiary?

My wife and I are recently divorced. Years prior to our divorce, we set up trusts for each our daughters. I am the trustee and my daughters are the beneficiaries of each of their trusts. The trusts own shares in a private company that may have a substantial liquidity event in the near future.... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

It depends on the language of the trusts. You are going to need reread the trusts and consult with an estate planning attorney who can review them with you.

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1 Answer | Asked in Family Law and Child Support for California on
Q: Is my ex solely responsible for our minor kids' oop medical costs associated with expensive insurance HE insisted on?

My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.

My income is so low i am on medi-cal, and since my children live... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »

3 Answers | Asked in Estate Planning and Probate for California on
Q: Once someone dies who starts the process of the will?

My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home

For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »

Shawna Murray
Shawna Murray answered on Sep 22, 2020

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 »

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3 Answers | Asked in Probate for California on
Q: Brother lived/died in Ca. Had bank accts in Ca<$166k & NJ about $90K +small IRA. Is small estate w/o admin only needed?

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?

Shawna Murray
Shawna Murray answered on Sep 21, 2020

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 »

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1 Answer | Asked in Family Law for California on
Q: How do I request my original file from my CA atty?

I have not hired a new atty. Can they charge me for my file?

Shawna Murray
Shawna Murray answered on Sep 19, 2020

Just call the office and ask for the file. Then it could be useful to follow up with email request. If you can pick it up in person, you should not be charged for the original file.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Child custody/support and relocation

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 »

Shawna Murray
Shawna Murray answered on Sep 18, 2020

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 »

1 Answer | Asked in Probate for California on
Q: im in CA, are there any exceptions to paying inheritance taxes??
Shawna Murray
Shawna Murray answered on Sep 18, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I am the custodial parent. And have 60/40 custody of our son who is 7- my ex did not drop him off saturday 10amstillgone

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?

Shawna Murray
Shawna Murray answered on Sep 17, 2020

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 »

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I stop spouses support after I retire or right before. It was a long term marriage

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.

Shawna Murray
Shawna Murray answered on Sep 16, 2020

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 »

1 Answer | Asked in Family Law for California on
Q: Can I list my husbands tools that he bought during our 24 year marriage and that he uses for work and for personal use?
Shawna Murray
Shawna Murray answered on Sep 15, 2020

By "list them," do you mean including them on Form FL-142, Schedule of Assets and Debts? Yes, list them as community property.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a divorce attorney be hired only to represent you at a MSC
Shawna Murray
Shawna Murray answered on Sep 10, 2020

Yes, you can hire an attorney to represent you for just one hearing. It is called "limited representation." You can Google that term and/or "unbundled attorney" to find lawyers who do this.

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