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Questions Answered by Chris M. Bradford
1 Answer | Asked in Probate for California on
Q: If I am seeking to end a gaurdenship, but want a change of venue, can I ask for one?

gaurdenship was granted of my kids to thier aunt, but I didn't understand at all what my options were at the time. Both people asking for the kids knew the judge. The judge acknowledged this and said I could change venues. At the time Both parties lived in orange county, and Santa Ana was only... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 17, 2020

You can challenge a judge but it has to be at the beginning of the case and your case has already been decided. Once a guardianship has been set up, you can make a motion for it to be terminated, but you have to have a good reason to do so. If a guardianship was ordered in Orange county, you have... Read more »

2 Answers | Asked in Family Law for California on
Q: My boyfriend is currently incapacitated by a stroke. I would like to get gardian ship

I'm on SSI. I can't afford a lawyer. I don't drive. Need someone to file & go to court for me, for little to free

Chris M. Bradford
Chris M. Bradford answered on Jul 17, 2020

Are you in Chicago and your boyfriend too? if yes, you need an Illinois attorney, not a California attorney. This is the California section.

For an adult you need a conservatorship, instead of guardianship.

If you are in California, read this link:...
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3 Answers | Asked in Estate Planning for California on
Q: Do I have the right to a copy of my deceased parents will of whom my brother has failed to give me?

My brother is the appointed executor of the will. He failed to let me see it or even give me a copy. That goes with both of my parents death certificates. I also have questions regarding the estate left behind.

It has been nearly 1 year now and I've asked him for it and no response.

Chris M. Bradford
Chris M. Bradford answered on Jul 17, 2020

A good place to get a copy of the death certificates is from the funeral home. They often get extra copies from the local health department as a courtesy to the family. Try that first.

Also the death certificates are public record. Here is a link to California Department of Public...
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1 Answer | Asked in Divorce and Family Law for California on
Q: My ex quit his job, long term spousal support in Ca has stopped. How do I get money owed?

Support was court ordered indefinitely for 27 year marriage. His employer would issue mandatory check to me when he got paid. He no longer works there. Do I have to petition the courts?

Chris M. Bradford
Chris M. Bradford answered on Jul 16, 2020

The meter keeps on running on spousal support until the judge changes the order. Even though you are not getting paid, the meter is still running and he is beginning to owe you what are called "arrearrages." If his income has dropped he can ask the court to lower or stop his support... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I have an issue i need help with

*Comments: *I have an issue i need help with ASAP.. Me and my husband got into it we were in oregon when this happened. He put hands on me because he didnt want me leaving to go to California with or without my 3 kids. He had me get in the car and he was driving wreckless and to prevent from... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 16, 2020

It sounds like you and your husband and children have lived in Oregon for over 6 months before you just recently moved to California. If that is correct, you need to ask this question again, but ask it as a divorce and child custody issue in Oregon. I am a California attorney. I cannot answer an... Read more »

4 Answers | Asked in Estate Planning for California on
Q: Adding beneficiary

Hello,

If i am adding a beneficiary to my trust and wish to assure them I will not remove them as beneficiary ever, is there a legal agreement that can be signed stating they and I must mutually agree before they can be removed?

Chris M. Bradford
Chris M. Bradford answered on Jul 16, 2020

You are the one in charge because you are the one creating or changing your trust. You have no obligation legally or morally to lock yourself in for the benefit of a beneficiary. You could just say: "Look I have provided for you. I am not planning on changing my mind. I don't need to... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Runway Law

I have a question about runway law and how the law treats minors who have ran away. What if they ran away because of abusive (or perceived abuse) and that's why they don't want to go home. What resources do they have in a situation like this

Chris M. Bradford
Chris M. Bradford answered on Jul 16, 2020

Availability of resources for a minor who has run away is not really a legal question, but see below at the end of this response. In certain situations a minor can petition the court for what is called "emancipation" so he she can be free from parental control.

Here is a good...
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3 Answers | Asked in Estate Planning for California on
Q: if a will says to split the assets but the asset is in another sibling name, does she have to honer the will?

the asset is a home that is now in my sisters name.

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

If the deed is in two names, the person who died and your sister, then the home probably is now 100% your sister's. She must get the old deed transferred into her own name exclusively. To do this right she should have an attorney. It is not expensive. The first deed should be checked by an... Read more »

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2 Answers | Asked in Probate for California on
Q: lived unwed with SO for 30+ yrs. He passed no will, daughter wants to claim everything. She have rights to items in home

There was a restraining order against the daughter 6 years ago but I’m not sure if it’s still in place, we didn’t renew it. She wants to take everything in our home and says everything is hers. My name is not on the house title.

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

First, the restraining order has no effect on division of items after death.

Secondly, who gets what, when there is no will, is broken down into two major categories.

The first category is items which have ownership papers of some kind. For example a house has a deed, which is an...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: My rights oldest daughter only one father passed what are my rights owns house in Walnut Creek calif
Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

I am sorry for your loss. It is unclear who passed away. It sounds like the father of your oldest daughter passed away. Is that correct? There are three main ways to collect assets from someone who passed away: First the person wrote will or trust and left you a gift. You have to read the... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: My wife passed away I have her child in my care dad is still alive but somehow had child support stopped can he do that?
Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

The old order for child support was written payable to your wife. Since she is no longer here, that order can be stopped. She is not available to cash the checks. If there was direct deposit, the checks would have to be returned because the order was payable to her, not you. The checks were FOR... Read more »

1 Answer | Asked in Child Support for California on
Q: I was served with child support papers and we have 3 kids and watch them evenly?
Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

When you were served with papers you should also have been served with blank forms for you to fill out. Use those forms and follow the instructions. If there are no blank forms, call up the office where the papers came from and ask for the blank forms that you fill out and send back. File your... Read more »

1 Answer | Asked in Child Support for California on
Q: My ex just petitioned for child support and our child is 21. I was never served child support papers. What do I do?
Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

You are writing from Ohio. If the case has a hearing date and place in Ohio, you need help in Ohio, not California.

First you should have been served with papers. If not, call the office where the child support papers originated and get a copy. You should also have been served with blank...
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1 Answer | Asked in Child Support for California on
Q: Where do I go to get help filling out a child support response if the help centers are closed?

What happens if I don’t get help

Filling out the response before court? I have court in about a week and still haven’t responded. I was served back in February but because of the pandemic it’s been pushed until next week. The petitioner submitted pay stubs for December of 2019 and... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

Call the Self-Help Centers. Many are answering questions and helping people fill out forms on the phone, even though their offices are closed. If you haven't filled out your papers before the court date, be sure to go to the court hearing and ask the judge for more time, explaining why you... Read more »

1 Answer | Asked in Estate Planning for California on
Q: requirements for a grantor trustee of a Revocable living trust She resigns To a new successor trustee
Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

As you probably know, the "Grantor" is the person who created the trust, wrote the trust. The "Trustee" is the person who follows the instructions in the trust. Yes, a Trustee may resign. The procedure for how to resign is stated in the trust. The resignation must be done in... Read more »

1 Answer | Asked in Estate Planning for California on
Q: There are 2 executors for my family's estate, one of them is dragging the situation.

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

A beneficiary can ask the executor for an accounting. If you are a beneficiary, ask that in writing and keep a copy. If you believe one or more of the executors is not performing his/her job properly you can petition the court for the executor to be removed. You should not do this on your own.... Read more »

1 Answer | Asked in Divorce for California on
Q: My wife agree not interested in the house and she agree to sign off if we get divorce we don’t have to fight on the

Property . Could you please provide me the process thank you very much?

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

The process for a divorce starts with a "Petition." This is what it looks like: https://www.courts.ca.gov/documents/fl100.pdf This is just the beginning paper. You need many others and you should get advice on how to fill them out. If you and your wife are in full agreement on all... Read more »

1 Answer | Asked in Family Law and Divorce for California on
Q: I want to know if someone in a domestic partnership moves out of state to help family, would that void the DP.

That person was still getting mail at the home with the partner in CA. That person was only gone for 6 months. The other person in the DP was suppose to eventually move to the one that was already out of state.

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

Moving out of state does not void a Domestic Partnership. To end a Domestic Partnership in California, either you or your partner would file a Petition to the court. This is what the Petition form looks like. This is the first of many forms that involved in that process:... Read more »

1 Answer | Asked in Divorce for California on
Q: It is possible to seal a divorce petition if it has not already been served and we didn't go through with the divorce?

I filed the petition and did not end up going through with the proceedings or serving my partner. However, we are now finding that when you search for our names on Google, it shows a record of the document in Trellis, a third party data source. Could we request that this be sealed if I did not... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 15, 2020

You are concerned about privacy, but it appears that the cat is already out of the bag because your petition showed up on Trellis. Yes, you can petition the court to seal the case. This must be done BEFORE the case is dismissed. Once the case is dismissed it it closed. You must show a... Read more »

1 Answer | Asked in Family Law for California on
Q: How can my son's mother get alimony after being divorced from me over 30 years?

The county of Los Angeles children services has harassed me with child support, arrears and now alimony for a mother who has only had our son for 3 years following our divorce. I lived in LA for more than 30 years, I now live in North Carolina.

Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

Sounds strange. The fact that it has been 30 years since the divorce shows that she hasn't needed spousal support for all this time. That would be one of your arguments. But since they are asking for it, you need to respond on the forms that you were served with. If you fail to respond,... Read more »

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