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I plan to retire from a high paying job. I expect to divorce shortly thereafter (1-2 years). My spouse of 20 years has not worked (initially to raise kids, then simply refused) for the duration of the marriage. We are both in our mid 50's. Division of community assets would leave us each a... View More 
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answered on Aug 8, 2023
It is a factor the court will consider. Some judges will give it more consideration, some less, hard to know. If you can work, make good money and it appears you may have retired in anticipation of divorce, I believe the court will give great consideration to your earning ability. Spousal... View More
He has a MPI retirement plan which he is now claiming, am I mistaken in thinking that I am also eligible for this. He has been trying to hide the fact he is claiming it, when I found out he became quite nasty and send that he needed all the money
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answered on Aug 5, 2023
You are generally entitled to half the interest earned while married. This should have been addressed in your divorce judgment. Often times it is and the party's are supposed to prepare a qualified Domestic Relations order to split it. However, a lot of times parties to a divorce just forget... View More
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answered on Jan 25, 2024
Yes, you're just not eligible for a discharge at the end. In fact, you can file another 13 again if helpful.
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answered on Nov 29, 2023
If you are the petitioner and the other party hasn't filed a response, it's usually not a problem.
I am a man in my late 60s and I want all of my death assets (money, house) to go to a trustee (my attorney's office) when I die. When my underage sons turns the age of majority, then I want him to control these assets.
Should I do a testamentary trust or a pour over will?
Edit:... View More
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answered on Nov 29, 2023
You probably want a revocable living trust. I suggest getting two consultations with estate planning attorneys. Most do not charge for consults.
My spouse plead guilty and got convicted of a federal statue in April 2023, but we got married anyway in June 2023. We knew each other and were dating since 2021. Approximately $120k restitution was imposed on her for property damage in early September 2023. Currently we are experiencing... View More
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answered on Sep 28, 2023
I agree with the above answer. Moreover, the crime and the conviction were both premarriage, so on the facts given, it doesn't appear to be a community obligation. It really arose BEFORE marriage.
I'm in California
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answered on Sep 21, 2023
No. Property and debts you acquire after separation are separate property.
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answered on Aug 17, 2023
Yes, but California is a no-fault state. So it won't get you any more money or a better division of your marital assets.
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
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answered on Aug 15, 2023
If you need to transfer real property, by Wll, and you're the Executor. You'll need to do it through the Probate Court. You may want to look for some lawyers close by on Justia or consult your local bar association as they probably have a qualified referral list. Good luck!
Rob T.
I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect
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answered on Aug 5, 2023
No, credit reporting, even when accurate, is not instant. It can lag days to weeks. Check with the court for an accurate status on your case. You may want to consult an attorney, as in my area, it's extremely rare for somebody to successfully file and complete a Chapter 13 on their own.
The buyer put the executor name on the check and the executor deposited the check into the estate account. The bank did process the check into estate account. Will this pass the clerk of court.
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answered on Aug 5, 2023
That's how it's supposed to work usually. All receipts are deposited in the estate account, all expenses are paid out of the estate account and then the end what's left over is distributed to the beneficiaries.
The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More
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answered on Aug 4, 2023
Yes, if he's attorney for the executor he should not be giving you legal advice. It would be a conflict of interest. You should consult with another, independent attorney.
He needs it to be stress free and without costs to inherited, but can this be done?
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answered on Aug 3, 2023
It sounds like you'd be a good candidate for a living trust or a transfer on death deed but we'd have to know more before we could say for sure.
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More
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answered on Aug 2, 2023
You need to open a probate, be appointed executor of the estate and then you can file an evection proceeding. Just being named executor in a will is not enough.
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