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Questions Answered by Chris M. Bradford
3 Answers | Asked in Estate Planning for California on
Q: How to distribute of an estate?

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 »

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

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 »

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4 Answers | Asked in Estate Planning for California on
Q: My brother lives with my elderly mother. She would like a letter stating he has to vacate the house in a certain time.

This would be after her passing.

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

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 »

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1 Answer | Asked in Family Law for California on
Q: how old does my child have to be to be able to say they no longer talk with they father?
Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

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 »

1 Answer | Asked in Divorce for California on
Q: I was married in 1978 & divorced in 1985. I then married again in 1986 & divorced in 2006. The court shows no record of

my first divorce ever being finalized. What do I need to do if anything?

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

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 »

2 Answers | Asked in Divorce for California on
Q: In CA when turning in Petition-Dissolution of Marriage/Partnership (FL-100) what other papers need to be filed with it?

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

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 »

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1 Answer | Asked in Child Support for California on
Q: lived in California 5 years and last year noticed on my credit report a child support case but have no children here

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

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 »

3 Answers | Asked in Probate for California on
Q: my aunt put me on the deed to her house she passed away and didnt have a will do i need to go throuqh probate
Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

Sorry to hear that your aunt passed away.

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...
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1 Answer | Asked in Education Law, Small Claims, Family Law and Child Support for California on
Q: How do I let my school know I got kicked out of my house at 14 and I don't live there anymore?
Chris M. Bradford
Chris M. Bradford answered on Jul 12, 2020

Go to the administration building of the school and tell them. If you have guardianship over you, tell the school about that too.

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: Can I sue my Guardian for threatening me at 14?Can I get a job at 14 if I was kicked out of my house?
Chris M. Bradford
Chris M. Bradford answered on Jul 12, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi, I'm currently going through a custody battle for my daughter and I was granted my order to default. What now?
Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

1 Answer | Asked in Divorce for California on
Q: Can a paralegal working on my divorce get into trouble

Been asking her for days to get the papers signed she keeps putting me off

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

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.

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: The mom of my almost 1 year baby is lying to child support service about my involvement with my baby & now i was serve

We have never been married

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How can we get visitation orders added to the order for child support?
Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

2 Answers | Asked in Divorce for California on
Q: Do I have any rights to claim a % of an irrevocable trust where my husband is the beneficiary?

The trust was set up by his parents

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

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 »

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1 Answer | Asked in Family Law for California on
Q: Are there any lawyers that can prove parental alienation,and purgery, in a family law case?

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 10, 2020

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 »

1 Answer | Asked in Probate for California on
Q: Dad died yeas ago, one gift refused to take the money he had been left (~$5000), then he died . What is status of money

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.

Chris M. Bradford
Chris M. Bradford answered on Jul 10, 2020

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 »

1 Answer | Asked in Family Law for California on
Q: My xhusband is trying to keep my kids from me
Chris M. Bradford
Chris M. Bradford answered on Jul 10, 2020

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 »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Mom lived in house 50+yrs & paid off original mortgage in her mom's name. She has 3 siblings, who owns it?

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.

Chris M. Bradford
Chris M. Bradford answered on Jul 10, 2020

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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