A trust has all cash plus a primary house. Trust calls for equal distribution among 4 co-beneficiaries (same 4 are also co-trustees). House will not be sold. Option 1: Single beneficiary "A" takes house, and only house, no cash, as her sole share. Option 2: All beneficiaries take equal... Read more »
The person asking this question is from Brooklyn New York, but it has been sent to California attorneys. Is the home in California? If the home and trust are in New York, you need an answer from a New York attorney. The wording of the trust is critical, not just the distribution pattern but also...Read more »
Your mother needs to write a will and a trust. In the trust she can state who is in charge of her estate. Maybe you? She can also give instructions to have the house sold and divided up among her children, if that is what she wants. Or she can give the proceeds to whomever she wants. She would...Read more »
Age 18, when the child is no longer a child, but is an adult. In practice a lot of parents allow their children to decide not to talk to the other parent, but that is not a decision that a child can legally make. There is a general consensus that frequent and continuing contact of the child with...Read more »
What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,...Read more »
Yes, you need to finalize your first divorce and when it is finalized it needs to be made retroactive back to before your second marriage. Get a copy of your first divorce records at the courthouse. Take all the papers from your first divorce to a family law attorney and see what needs to be done...Read more »
Do I have to turn in a Property Declaration Form (FL-160) or will we be able to discuss that in mediation? I haven't turned in any papers to the court yet so I do not have the initial court date to start the process. I know the papers have to be seen by a judge in order to have a court date... Read more »
The short answer as to what papers to file is: It depends. It depends on whether you have children or not. Here is a link for a starting point at the Self-Help Center in Los Angeles County. Other counties have similar Self-Help Centers....Read more »
I have never had kids in this state but have in Michigan. I've never received any paperwork or documentation from the state of California or any other since I've lived here regarding child support in any way. And now I recently started drawing unemployment and was informed 25% would be... Read more »
First you have to find out what is going on. Ask unemployment WHO is taking out 25% of your benefits to tell you where the money is going. In California it is probably going to the Child Support State Disbursement Unit. Here is a link to their site....Read more »
This information that follows only applies to deeds in California. If the deed is in another state, you will need get information related to that state. Assuming the house is in California, first you need a copy of the deed. You can get a copy...Read more »
To partially answer your question about the problem with your guardian, until you are age 18 it is likely the judge will keep your guardianship in place. However the guardianship judge has the power to change the guardian to another person, if the current guardian is not doing his or her job...Read more »
This sounds like you were granted what you wanted by the judge. Did the judge tell you to get the court order typed up for him/her to sign, or did the judge sign the order already? The next step if it has not been done, is to get the order typed up and then signed by the judge. I recommend the...Read more »
A paralegal cannot give legal advice. A paralegal can only type up documents based on your instructions. So a paralegal would not be signing your papers. You would be signing your own papers. A paralegal might be signing a Proof of Service form, for example Proof of Service by Mail, if that is...Read more »
I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.
Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies...Read more »
We broke up and she kept my daughter away i call i txt i go to the home and she and her family dont let me watch my daughter i offer help she does not want anything. I was there for her the hole pregnancy it all started when i made a biological test to determine... Read more »
First you need to read the papers you were served with. Read them twice. They should have given you blank forms for you to fill out, and file back with the court, stating your side of the story. A copy of your papers also has to be mailed to the other side with a form called "Proof of...Read more »
You are in Texas, so if the case is in Texas, you need to ask a Texas Attorney. If the case is in California the answer depends on what court you are in for child support. If child support is processed through Child Support Services in California, or the Child Support Services Court, you cannot...Read more »
Probably not. To know for sure, the trust needs to be read. A gift through an irrevocable trust is like an inheritance. An inheritance or a gift exclusively to one spouse is the "separate property" of that spouse, which means it is exclusively his. "Separate property" is a...Read more »
I am in the middle of a custody battle for my 5 year old son. His mother has withheld him for 6 months at 1 point without any court order. And is currently withholding him from me based on false accusations of domestic violence and drug use. The 1st time my son has been kept from me, he was hidden... Read more »
Proving perjury is difficult to do, even for the best of lawyers. Sometimes it can be done. But no lawyer could promise you they could prove perjury. There are too many variables. However proving perjury is not the only way to win a case. A lawyer would have to review the whole history of the...Read more »
My uncle did not take money because he did not trust the government in China. When he died, his wife also would not take money for the same reason, they had 2 sons, one has died. We do not have any contact with them. My dad died in 1982. We are trying to resolve this issue.
If a beneficiary to a will or trust refused to take a gift given to him or her, it goes back into the "remainder" of the estate. Then the executor of the will or the trustee of the trust reads the will or trust and sees who gets the "remainder" of the estate. The will or trust...Read more »
If you have an ex-husband, then that means you have been divorced. If you have been divorced you have a court order, called a Judgment. You need to find a copy of the Judgment. If you don't have one, go back to the court and ask for records to see your case and make a copy. You will be...Read more »
Grandmother died in 1970's. There was no probate. Her siblings want to sell the house now to split cash for retirement, but she does not want to leave. Can they force my mom to move and sell? Who owns the house? Unknown if there is a will or who's name is on the title of the house.
The first step is to look at the deed to the house. Whose name is it in? Is it in your grandmother's name or your grandmother and someone else? That will make a big difference. It could be in "Joint Tenancy" or "Community Property" or just in your grandmother's...Read more »
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