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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?
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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.
After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More
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answered on Sep 27, 2023
There's no rush to settle this case because your child can sue until they're 18. So if there's a chance they may have suffered some permanent injury, you don't want to settle the case before that's discovered. Chances are they're fine and that's the most important... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 27, 2023
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More
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 Sep 20, 2023
If you own something in "joint tenancy," that generally means that if one joint tenant dies, the other(s) automatically get the decedent's interest. In a case like this, you would expect the company's stock certificates to be issued to your parents as "joint tenants."... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
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answered on Sep 20, 2023
You might try the Legal Aid Society of San Diego, "https://www.lassd.org." That said, you should probably consult a couple local attorneys first. Most offer a free consultation and most will work out some sort of payment plan. Chances are that if you can't afford an attorney, you... View More
My father passed last year without a will, my half siblings (his first marriage) want to sell his property, the home I grew up in with him and my mother. My mom took out a loan and purchased our home years ago but she is now also deceased. Both her and my dads names are on the deed to the house. CA... View More
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answered on Aug 25, 2023
Did your Mom have a will? How is title on the house held? Can't really answer without knowing these things first. I suggest seeking a consultation with an attorney. If title passed to your father when your mom passed, and your father later passed without a will, trust, spouse or transfer... View More
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answered on Aug 23, 2023
Usually a lawyer shouldn't represent both driver and passenger because there's a possibility, or at least an argument might be made, that the driver is at fault or at least partially at fault. Obviously it's a conflict of interest if the lawyer represents the driver, well at the same... View More
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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'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).
I'm disabled and reley on my car for everything! Every/many reasons!
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answered on Aug 14, 2023
You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More
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
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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