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Questions Answered by Shawna Murray
2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my daughter and I move to another state without letting my exhusband know?

Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?

Shawna Murray
Shawna Murray
answered on Jul 31, 2020

Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.

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2 Answers | Asked in Estate Planning for California on
Q: Grandpa passed away 14 days ago, he was a widow. Uncle now says everything is his & demands access to our house. Can he?

My mother also passed away approx 8 years ago. We've been living with grandfather for last 5 years. He's only be gone for 14 days, we haven't even had the funeral. Uncle keeps just showing up whenever he wants to our house. I woke up to him asleep in his car in our driveway yesterday morning.

Shawna Murray
Shawna Murray
answered on Jul 28, 2020

I am sorry for your loss. It sounds like your uncle is making a hard time even worse. Let's assume your uncle is correct and he "gets everything" including the house belonging to your grandfather. That being the case, he would still have to follow California's landlord-tenant... Read more »

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1 Answer | Asked in Family Law for California on
Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

Shawna Murray
Shawna Murray
answered on Jul 25, 2020

First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get...
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1 Answer | Asked in Criminal Law and Family Law for California on
Q: my ex-husband has a pending felony for aggravated assault, can he leave the country?

My ex-husband wants to take our children to Mexico. He doesn't have a passport and he doesn't have any documentation for our children. Also, he moved to Arizona from Georgia when he was arrested without letting the courts know.

Shawna Murray
Shawna Murray
answered on Jul 24, 2020

The answer depends on what your parenting/custody agreement says. Some parents include provisions that prohibit moving the children from the state but others allow children to travel anywhere with the parent. However, "traveling" is not the same as "moving" and most parenting... Read more »

2 Answers | Asked in Family Law for California on
Q: Can an ex-spouse gets child support increased based on the current spouse income if it increased significantly.

The ex husband income has decreased significantly and the child support dropped accordingly, the current spouse has the potential to make significant amount of money through her business and a business lawsuit settlement soon. In California

Shawna Murray
Shawna Murray
answered on Jul 24, 2020

A parent who wishes to change a child support order must show a "change in circumstances" and a change in the parent's income is a good reason for the court to agree that the child support order might need to be changed.

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1 Answer | Asked in Estate Planning, Tax Law and Banking for California on
Q: Transferring large sums of money to US citizen spouse

Here is the situations. Husband and wife are both US residents. Husband is a Green Card holder, wife is a US Citizen. Do we need to file any tax form when the husband transfer large assets assets (e.g. money and stocks for $300K) to the US citizen wife? is it best to use a joint account or can the... Read more »

Shawna Murray
Shawna Murray
answered on Jul 22, 2020

This question would be best answered by a tax expert so that they can advise you of any possible gift tax repercussions.

Tax advice disclosure: To ensure compliance with Treasury Department Circular 230, we inform you that unless otherwise specified, any federal tax advice contained in this...
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1 Answer | Asked in Estate Planning for California on
Q: My sibling has moved in with my elderly mother. She would like something stated in her trust that he has to vacate the

property after her passing. He does not pay rent or have a lease. Can I do this without paying a lawyer. Funds are tight. Thanks

Shawna Murray
Shawna Murray
answered on Jul 22, 2020

Revising/amending a trust without the legal advice of an attorney is not advisable. Even if the trust is amended, you should note that your sibling may still overstay his or her welcome. The successor trustee may have to file an eviction case to get the sibling out. Even relatives living for free... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Splitting the cost of group health insurance for our children with my ex-wife?

Final Judgment reads "Commencing (date included) Respondent/wife shall maintain health insurance coverage under Family Code Section 3750-3753 of the minor children if that insurance is available at no cost or at a reasonable cost to Respondent/Wife as defined by Family Code Section 3751(a)(2)... Read more »

Shawna Murray
Shawna Murray
answered on Jul 22, 2020

From the information that you provided, it does read that Wife must pay for the health insurance coverage (premiums) if they are free or available at a "reasonable cost." I suspect it is her contention that the cost of the premium is no longer reasonable. If that is the case, she could... Read more »

1 Answer | Asked in Adoption and Family Law for California on
Q: Are there any laws or family codes that regard a parent who has had violent offenses?

Proving a parent is unfit based on past of criminal violence and domestic violence.

Shawna Murray
Shawna Murray
answered on Jul 22, 2020

Yes, there are many Family Law codes regarding domestic violence. When making a child custody decision, the judge must look at the "best interests of the child." Family Code 3011 requires that a history of family violence be taken into consideration by the judge. In addition, the court... Read more »

2 Answers | Asked in Probate for California on
Q: How can I get some help with a small estate affidavit. I need help with documentation prep & any follow up needed.

My mother is recently deceased and the insurance company denied her claim. They did however, mail me a check to the estate of my deceased mother. There is no estate or a need for one or probate, there is no assets, money, property etc and I am the Survivor/Heir/Beneficiary and Executor. I was... Read more »

Shawna Murray
Shawna Murray
answered on Aug 22, 2018

If you are interested in preparing the affidavit on your own, you could visit the local county law library. Alternatively, you could try looking for a California probate book published by Nolo Press. They are very straightforward and often have samples for you. You might find a sample affidavit in... Read more »

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1 Answer | Asked in Probate for California on
Q: Why do heirs who are not mentioned in the will continue to receive notice of hearings from the court

I am one of two beneficiaries who are named in a will that is in probate. The will state's that the two beneficiaries and only them are to share the entire estate equally. One of the beneficiaries is also the executrix. Why is it that notices coming from the court pertaining to court hearings... Read more »

Shawna Murray
Shawna Murray
answered on Apr 30, 2018

The heirs are receiving notice because California law requires that notice be given to the beneficiaries and heirs during the probate. The heirs may have a remote chance of inheriting, for example, if one or both of the beneficiaries were to die before the probate closed or if one or both of the... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My parents are planning on giving their home to one of my siblings. The home's value makes up half of the estate.

They really want her to have the home, but at the same time, keep things equitable with the other 3 kids. Is there any way to do this?

Shawna Murray
Shawna Murray
answered on Apr 19, 2018

Yes, if your parents want to keep the division equitable, they should consult an estate planning attorney. If they try a DIY plan like adding your sister's name onto the deed now or put it on a transfer on death deed, not only would the house would go directly to your sister but there are... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Married, 62 and wife 59. Calif. Me SS, her disability.

Selling house (Sacramento) to downsize to buy Nevada house within 6 months, hopefully. If house cannot be found to buy, can an RV be next step in place of buying house and put into trust. This is an medi-cal recovery situation. Also, would any proceeds that is left, subject to medi-cal recovery?

Shawna Murray
Shawna Murray
answered on Apr 13, 2018

According to California's Department of Health Care Services (DHCS), a surviving spouse's assets are exempt from Medi-Cal recovery (if the proper forms are filed on time). As of 1/1/2017, Medi-Cal cannot recover from the estate of the surviving spouse, if the survivor did not get the... Read more »

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