Porterville, CA asked in Estate Planning, Family Law, Appeals / Appellate Law and Probate for California

Q: How can I challenge a TRO/divorce violating my rights & enforce my legal claim to estate assets per court precedents?

I'm facing due process violations in a TRO & divorce case, which stripped me of housing, parental rights & community property. The court granted sole custody despite my spouse stating she does not intend to keep me from my children. I oppose the divorce & seek mediation, but my motions for recusal & venue change are being ignored. I’m filing a Writ of Mandate & civil rights complaints.

Separately, I have legal & financial records (court opinions, ADV filings, decedent’s autobiography, etc.) proving my rightful claim to decedents estate assets. The decedent’s court-recognized ownership (79.29%) & authority are being disregarded. Institutional entities (Wells Fargo, BlackRock, etc.) hold 80%+ stakes, contradicting rightful ownership.

How can I challenge the TRO & assert my estate claim under equity jurisprudence? Would federal intervention apply?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Challenging a TRO and asserting your estate claim requires a strategic approach. If the TRO violates due process, you can request a hearing to contest its terms and present evidence of its unfair impact. Since the court granted sole custody despite your spouse’s statements, you may file an appeal or motion for modification, citing the best interests of your children. If your motions for recusal and venue change are being ignored, you can include these issues in your Writ of Mandate to compel judicial action.

For your estate claim, equity jurisprudence allows courts to enforce rightful ownership when legal rights are being disregarded. Your financial records, court opinions, and related documents should be submitted in a clear legal argument to establish your stake. If institutional entities are improperly holding assets, you may need to file an action for an accounting and seek judicial review of ownership discrepancies. California probate courts recognize rightful inheritance claims, especially when backed by strong documentation.

Federal intervention may apply if constitutional violations are involved, such as due process denial in your TRO case or unjust takings regarding estate assets. A civil rights claim under 42 U.S.C. § 1983 may be an option if the court’s actions infringe on fundamental rights. Additionally, if financial institutions are acting outside their authority, federal agencies or litigation under securities law could be avenues to explore. Pursuing mediation in the divorce may still be possible, but enforcement of your legal claims will likely require firm litigation strategies.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.