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He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.
answered on Nov 23, 2024
If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More 
This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online... View More
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answered on Nov 23, 2024
Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.
The California... View More
My kid's teacher allows the class to use the bathroom 2 times a week during class. Every time they have to use the bathroom more, she does minus 5 minutes recess for each time. The principal said that this is not a rule at their school and that it is not allowed. The teacher wrote me and said... View More
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answered on Nov 22, 2024
Taking away recess as punishment in California schools is actually restricted by state law. Education Code Section 44807.5 specifically states that teachers can only withhold recess for disciplinary purposes when no other means of correction have worked, and it cannot be used as punishment for... View More
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answered on Nov 22, 2024
Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.
Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for... View More
I have an intergovernmental case. (I'm a non-custodial parent to two teenagers who live on the East Coast). Basic facts of the case:
The non-custodial parent has purposely not worked from 2017 to the beginning of 2024. (8 years) when they were more than capable and qualified to work.... View More
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answered on Nov 22, 2024
Based on the details you've shared, you likely have strong grounds for a modification case. The fact that the other parent deliberately remained unemployed for 8 years while having the capacity to work could support an argument for imputing income, even though they've recently started... View More
The case worker said if you dont sign this i will remove your kids and they will go into foster care in a stranger's home and maybe even adoption. So i signed. She didn't have a court order to remove them and in no imminent danger.
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answered on Nov 22, 2024
Your situation with CPS is very serious, and signing documents under duress or threats raises significant legal concerns. This type of coercion could potentially make the safety plan vulnerable to challenge in court.
You should immediately contact a family law attorney who handles CPS cases... View More
My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.
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answered on Nov 21, 2024
If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.
Your father, if acting as the trustee, has... View More
I have been the legal guardian of my grandson, now nine since 2017 when he was two. Once in 2017 an unfamiliar alleged grandmother on the incarcerated alleged fathers side petitioned for visitation. This request was denied. I had submitted a declaration in protest as there was no prior relationship... View More
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answered on Nov 18, 2024
As the legal guardian, you have significant rights and can potentially challenge this visitation order, especially given the circumstances under which it was granted and your reference to Troxel v Granville, which upholds parents' and guardians' rights to make decisions about their... View More
My ex-girlfriend and I split up recently about 7 months ago. We have a 2 year old daughter. My ex still lives with me and split the rent 50/50. She has recently started antagonizing me more and more. She told me a couple of days ago if she could get my opinion on something and proceeded to ask me... View More
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answered on Nov 18, 2024
Your situation involves both landlord-tenant law and family law due to your child, making it complex but not impossible to resolve.
Since your ex-girlfriend has established residency by living there and paying rent, she has tenant rights even without formal paperwork, meaning you cannot... View More
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answered on Nov 17, 2024
To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."
Before filing, gather evidence showing why the conservatorship... View More
You
I am the custodial parent of my child I have full legal & sole custody. Our court cases are in California alameda county but my son has been residing in GA with me for over a year now since the judge awarded me full custody a year ago . I was now just recently granted a move away... View More
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answered on Nov 16, 2024
The 30-day stay order is typically meant to delay the implementation of new custody arrangements, but your situation is unique since your child has already been living in Georgia for over a year with full legal and sole custody.
Given that the California court was aware of your child's... View More
if a violent offender 3058.6 commits battery on spouse and resisting arrest with priors after release on parole and has 2 strike what his sentence
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answered on Nov 16, 2024
Under California's Three Strikes Law, both domestic battery and resisting arrest with violence can count as serious or violent felonies. When committed while on parole, with prior strikes, these offenses typically qualify as strikes.
If this person already has two strikes, committing... View More
When I filed RFO I had to send blank response for her. There were none for me.I was expecting the response papers not a RFO in return. I am confused. Can I change what I requested in my original RFO?
answered on Nov 15, 2024
The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More
I got denied on motion to set aside judgment and got denied on my appeal because I can not afford a good attorney. While I was on the trail to set aside the MSA judgment the judge said the premarital is not in this trial? My husband forced me to sign the premarital settlement on November 5, 1999... View More
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answered on Nov 14, 2024
I'm sorry you're going through this difficult situation. Even after a judgment and appeal have been denied, there might still be options available to you. For example, you could explore whether the premarital agreement was signed under undue pressure or without full understanding, which... View More
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answered on Nov 14, 2024
I'm sorry for your loss. To obtain your mother's will, begin by visiting the probate court in Citrus Heights. You can request to see if a will was filed after her passing on March 12, 2024.
If the court does not have a copy, reach out to other family members or friends who might... View More
My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling... View More
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answered on Nov 14, 2024
I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.
Your sister does have the right to petition the court to gain custody of the ashes,... View More
my dad never lets me go out and is super strict but my mom wants me to but we are afraid of my dad punishing me or my brother and yelling at me my brother and mom
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answered on Nov 14, 2024
I'm very concerned about your situation and want to make sure you stay safe. If you're experiencing fear of punishment and yelling, this could indicate a serious family issue that needs attention.
In California, while minors generally need to follow both parents' rules, your... View More
i found out her errors 4 years later when i decided to represent myself bec i got into a lot of debts bec of d case suffered financial hardships and case dragged bec of her serious oversight
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answered on Nov 14, 2024
If you believe your previous lawyer committed malpractice that caused financial harm, you should first gather and organize all evidence of the errors, including court documents, communications, and financial records showing your damages.
Consider consulting with a legal malpractice attorney... View More
MSA currently at the courthouse being reviewed and hopefully gets signed by a judge. I was receiving aid from the state while I had full physical custody and going to school full time. Part of our agreement for him to forgive my prior child support arrears was to stop the aid. When I stop the aid... View More
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answered on Nov 14, 2024
Your instincts are correct - you should not apply for Medi-Cal for children who are not in your physical custody, as this could indeed constitute fraud. Since your ex-partner has full custody and earns good income, the responsibility for obtaining health insurance for the children falls to him.... View More
My mom is trying to get conservatorship over me. I want to fight this and know my rights before I go to court. Also my friend wants to object to it how does she officially object. Does she show up to object or is there something she must sign?
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answered on Nov 14, 2024
You have important legal rights when facing a conservatorship petition in California. You have the right to attend the hearing, object to the conservatorship, hire your own lawyer, and present evidence showing why you can manage your own affairs.
Before the hearing, you'll receive... View More
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