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 »
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 »
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.
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 »
*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 »
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 »
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?
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 »
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
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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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