California Questions & Answers

Q: What forms do I need to file with court to get a divorce trial date BACK on calendar after it was taken off?

1 Answer | Asked in Divorce for California on
Answered on Mar 30, 2017

It depends on what you want to do. If you're looking to set a trial date, that requires one thing; if you're seeking to file a motion, that requires another. I hear no basis for sanctions in these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law...
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Q: Myy mom didnt started getting child support for me untill I was 10 years old .

1 Answer | Asked in Child Support for California on
Answered on Mar 30, 2017

The custodial parent files for and receives child support commencing when the order is issued, not retrospectively. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: What would be the process between the death of both parents and the child going to their next legal guardian?

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Mar 30, 2017

Typically the willing guardians would have to file for guardianship rights in NY asap, and they can file an emergency order in the meantime. A solid will, trust, living will, and related estate documents is crucial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: If someone has been on welfare for two years and has not worked is that fraud?

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Answered on Mar 30, 2017

It depends on what she's telling the government in her welfare filings re: her efforts to look for work or educate herself. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: when I die want my sons protected if something should happen to my husband. Family member to get custody

1 Answer | Asked in Child Custody for California on
Answered on Mar 30, 2017

It's best to write a solid estate plan including a will, trust, living will, and related documents, which the survivors would use to apply for guardianship if necessary. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: i have somebodys stocks from 1955 they are passed away can i get money from them

1 Answer | Asked in Probate and Securities Law for California on
Answered on Mar 30, 2017

Yes, if you are an heir to the estate. The correct probate procedure to use would depend on the type of property and the value of all the property in the estate. Consult with a probate attorney for a full consultation.
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Q: Son passed away separated with restraining order against him, how does chain of command work? Everything in Arizona.

1 Answer | Asked in Family Law and Probate for California on
Answered on Mar 30, 2017

If he lived in Arizona at the time that he passed, then Arizona law would apply. Please repost your question in Arizona.
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Q: i am the beneficiary of a policy for my deceased brother check was issued but to his estate why would this happen?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Mar 30, 2017

Since your brother passed in Illinois, then Illinois law would apply. Please repost your question in Illinois.
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Q: Can a 3rd party avoid/get out of a pre-incorporated company contract? Please explain. Thanks in advance! (Business Law)

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Mar 30, 2017

The answer depends on the language of the contract and if there was any consideration and what has happened to the corporation, if anything?
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Q: Who inherits a mothers estate?

2 Answers | Asked in Probate for California on
Answered on Mar 30, 2017

I assume that the mother died without a will.

If there is a question as to the order of death or whether there was a simultaneous death, then you may have to bring a Petition to Determine Order of Death and Proceeding to Determine Survival.

However, if there is no doubt that the child died after the mother, and that child had no children, then there are two probate proceedings. The mother's estate would be divided in two. The deceased child's estate, which presumably is half...
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Q: Girlfriend was told she could re-enter us with a waiver. Where do we start? Finding an employer or hiring a Lawyer?

1 Answer | Asked in Immigration Law for California on
Answered on Mar 30, 2017

Attorneys very on their prices depending on a lot of factors. Processing times vary depending on the country of origin and how quickly you can provide the necessary documents. You will need to call around to various attorneys for the information.
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Q: I purchase an adult coloring book. Do the colored images belong to me?

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.
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Q: I was injured at an Indian Casino in Northern CA. It was a slip and fall having head injury-concussion. Advise.

1 Answer | Asked in Personal Injury and Gaming for California on
Answered on Mar 29, 2017

Contact a member of the CAOC in the County where it happened. They give free consultations and can best address the peculiarities of the situation.
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Q: Should I submit this nut bolt that I broke my tooth on in my dinner to the company responsible?

1 Answer | Asked in Personal Injury and Products Liability for California on
Answered on Mar 29, 2017

For starters was the tooth fixed?Did you get an estimate? Is there a way of having them look at it in your presence and give it back to you? Contact a member of CAOC--they give free consults.
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Q: My husband has been falsely accused of sexual battery this case is going on 2years what can we do? There is no evidence

1 Answer | Asked in Criminal Law for California on
Answered on Mar 28, 2017

It frequently happens that an alleged victim will recant and want to drop the charges against the defendant but the District Attorney will not agree. It sound like your husband case has been in the criminal justice system long enough that he already has an attorney representing him. Your husband might want to ask for a copy of his preliminary hearing transcript so that he can get an opinion from another attorney on how to best defend him from this false allegation.
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Q: My step father has unclaimed money to chase bank. Recently my mother passed away. The bank is now asking let of autho.

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Mar 28, 2017

Letters of Authorization are issued through probate proceedings. If the assets sitting outside the living trust (ie not titled in the trust name) cumulatively are over $150,000 then a probate is needed and; therefore, Letters of Administration. If the assets sitting outside the living trust is less than $150,000 then we can utilize a Small Estate Affidavit in lieu of Letters of Administration.
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Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on Mar 27, 2017

an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary Treating PHysician that found you at Maximum Medical Improvement (we say MMI now; P&S is no more), and your attorney agrees with that Treating Physician's findings -- and those findings address ALL the...
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Q: In California, our neighbor has an easement on our property which says "An easement for well purposes located within

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Mar 27, 2017

This is a great question and unsuitable for analysis in this Q&A forum. Hire a lawyer to review the related documents. See: http://law.justia.com/codes/california/2010/civ/887.010-887.090.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?

1 Answer | Asked in Antitrust, Civil Rights and Intellectual Property for California on
Answered on Mar 27, 2017

This is a vague question. Perhaps you're referring to a Motion to Compel Discovery? See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=2030.300.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,...
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Q: How does the stuff discussed below work if there was a divorce? I live in California

1 Answer | Asked in Divorce for California on
Answered on Mar 27, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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