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Questions Answered by Chris M. Bradford
1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I apply for a passport if joint legal says ‘ all other matters parents can act alone’

We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services

Chris M. Bradford
Chris M. Bradford
answered on Jun 20, 2020

Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't... View More

1 Answer | Asked in Estate Planning for California on
Q: I have a question about a statutory will in CA. On page 1, paragraph 2, does it pertain to the residence in

the estate at the time of the will's making, or a residence that could be in the testator's estate sometime in the future?

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

This question is impossible to answer without seeing the actual document that you are filling out. I assume you are trying to save money by filling out a statutory will, but if you have assets over $150,000, you should also consider getting a trust to save possible future probate fees for your... View More

1 Answer | Asked in Divorce and Tax Law for California on
Q: Can I still claim my stimulus check money if I filed my taxes in 2018 but left the US after that?

I reside outside of the U.S. right now, however, my ex-husband (though he is still working on his divorce papers) got the check through our old joint bank account and refuses to send it to me.

He explains that since I am not physically in the U.S. he can not send my check to me and he... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

You say you "ex-husband" is working on his divorce papers. Does that mean he is working on the divorce papers from you? The divorce papers that he or you filed in California? If the California divorce is not finished between you and him, then he is not your ex-husband yet. It sounds... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: My father passed this month and I need advice with family members and estate I’m confused
Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

First look in your father's papers for a will or a trust or both. They should be all together in one place. They could be in a family safe or safety deposit box. Then you need to read them. The person in charge of the will is the "executor." The person in charge of the trust is... View More

1 Answer | Asked in Estate Planning for California on
Q: Trustee never put 1/2 of the million estate Into a Trust for the beneficiaries, no accounting info.Time limit to sue?

I made my brother the trustee of our grandmothers million dollar estate. Ya screwed the whole family, stated he got greedy. My grandmother & I were very close, statements made by both my mom & grandmother they were scared of him as I was. Threatening kind of guy, in your face. Family drama... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

You posted this a month ago. Have you had this question answered? It is unclear from your statement whether a trust was actually signed by your grandmother or not. You say in the beginning: "I made my brother the trustee." That sounds like you created a trust. Did you sign one? You... View More

1 Answer | Asked in Domestic Violence for California on
Q: married 21 years judge ordered my divorce in 2002 my life was in danger my ex makes good money but i never got alimony

i been homeless for 18 years now i feel like giving up my ex always win

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

First you MUST get a copy of the court order for the divorce. It is called the "Judgment." You can get this in the records department of the courthouse where the divorce was granted. The cost is 50 cents per page. You can also get the records for free, but you first have to fill out... View More

1 Answer | Asked in Estate Planning for California on
Q: I have a 20th Century non negotiable account certificate stating I am the sole shareholder, custodian for (my son).

Is it possible for the person who bought this for us to revoke or cash it in themselves without my knowing?

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

Not likely that it can be cashed or revoked. An attorney cannot answer that question without looking at the actual document. As you probably know "non-negotiable" means it can't be cashed or transferred. It's locked in until a certain date. It was set up for the benefit of... View More

3 Answers | Asked in Estate Planning for California on
Q: How can my mother can remove her husband as executor for her individual trust and designate me instead?

My mother has had her husband (my stepfather) as the executor to her individual trust for 30 years, but due to his dementia he is unable to handle the responsibility after her death. When I use the word executor I'm referring to the person who will manage my mom's trust and assets after... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

The person who is in charge of a trust is a Trustee.

The person who is in charge of a will is the executor.

The executor's job does not start until the person who wrote the will passes away.

Since no-one has passed away, I believe that what you are talking about is...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: What can i do legally about my husband not returning our children to me after a visit?

I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

The short answer is: You file a "Contempt of Court." The forms for this are at:

https://www.courts.ca.gov/documents/fl410.pdf

also:

https://www.courts.ca.gov/documents/fl412.pdf

There are more forms that go with this.

There is more to it than just...
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1 Answer | Asked in Family Law and Adoption for California on
Q: What is involved in court ordered reunificatiin
Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

This is what the California Court system has to say about reunification in Juvenile Dependency Court:

You can find this at this link:

https://www.courts.ca.gov/1205.htm?rdeLocaleAttr=en

Scroll down the page.

"With certain exceptions, the court must offer you...
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1 Answer | Asked in Family Law for California on
Q: What exactly is the ptoocol of reunification process in family law?
Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

You are asking: "What is the protocol?" The word protocol means: "The official procedure or system of rules governing affairs of state or diplomatic occasions." So basically you want to know: "What are the rules?"

Try this link:...
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1 Answer | Asked in Family Law for California on
Q: When CPS. Has child in there care what exactly is the whole re unification process
Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

Child Protective Services will do an investigation and either return the child to the parent or send the case to the Juvenile Court. In the Juvenile Court each parent and the child get his or her own attorney. Usually there are several hearings. Often the judge will order one or both parents to... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What will most likely happen with him?

I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 18, 2020

What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... View More

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2 Answers | Asked in Estate Planning for California on
Q: In the state CA and AZ is a will and last testament valid if the executor is on federal probation in CA

My brother-in-law who resided in the state of Arizona what is originally from the state of California where his eldest brother live and it's also on federal probation was given his brothers last will and testament when he made a visit to California the last will and testament is signed by two... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

As to your first question, wills are not filed in the County Clerk's office in California. If a will needs to be filed, it is filed in the probate division of the Superior Court. But first you need advice as to whether a will needs to be filed at all. To get that advice I recommend you get... View More

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2 Answers | Asked in Estate Planning for California on
Q: What time frame does the fiduciary and his lawyer have to submit their bill to the estate?

Dad died Nov 2018. I was appointed executor Jan 2020. Lawyer for fiduciary had a final accounting hearing Apr 2 2020. How long do I have to wait for the lawyer to send me the final bills for herself and the ficuciary of my dad’s estate?

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

Here is an undeniable fact of life for an attorney: Lawyers get busy and they stay busy. So if you want something to get done with some attorneys, you need to be a pest. A squeaky wheel does get the attention. So I would recommend sending a letter (not just a phone call or email, a real letter)... View More

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2 Answers | Asked in Estate Planning and Banking for California on
Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013

she gave my trust to step daughter and grandson forged my name on it.

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

There two answers to this question. The word "embezzlement" means that a crime has been committed. If you want the person who stole the money to go to jail, then you go to the District Attorney in your county and file a complaint. Their job is to investigate your claim and then either... View More

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3 Answers | Asked in Estate Planning for California on
Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

As you may know, the executor is in charge of following the will and a trustee is in charge of following the instructions in the trust. Many times they are the same person. First you must put your objections to the distribution IN WRITING to this person. Better to send a certified letter than to... View More

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2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

I agree with the previous answer and I would add, DON'T WAIT. You may have a time limit to respond to the citation. Read the citation carefully. Even if you are past the time limit, you need to respond. It won't go away. You may get some leniency to fix the problem because of Covid.

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for California on
Q: grandfather passed will states house goes to sister mother has POA and hasn’t transferred name over what can sister do ?

He passed about a year ago and the will is very clear our mom is complaining of legal issues but hasn’t specified what’s holding up the transfer over to my sister what can we do?

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

You don't have to wait for your mother to do something if you have a copy of the will. You can see a probate attorney and start a probate proceeding. At least make an appointment and get some advice. It is also possible there is a "Trust" that was signed by your grandfather. Ask... View More

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2 Answers | Asked in Elder Law and Estate Planning for California on
Q: Can county put mother in a home and take estate through court conservatorship based on an undocumented diagnosis?

County is trying to put my mother in a home and take our family estate by court order conservatorship. Temporary conservatorship granted. Hearing for permanent is on June 24th. I am at loss as to what to do. They have provided no understandable explanation as to details, although I have requested... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

First, no matter what happens, go to the hearing on June 24, with or without an attorney and tell the judge you are objecting and ask the judge to give you more time to file written objections. If you don't have an attorney ask the judge to continue the hearing until you do get an attorney.... View More

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