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California Questions & Answers
1 Answer | Asked in Probate for California on
Q: My mother, a California resident, passed away about a week ago, with an estate that will be valued at less than $100,00.

My questions pertain to the proper way to deal with her checking account, to which I have online electronic access, and considering her checking account has no beneficiary designation. Specifically, what should I do, as the named executor in her will, concerning the following:

1. I’ve... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

The correct way to handle this, assuming your mother's total estate is less than $150,000, is to return the checks along with a Small Estate Affidavit instructing the bank to make the checks payable jointly to the three beneficiaries.

1 Answer | Asked in Criminal Law for California on
Q: My friends and i were stopped by police. I was nervous upon being questioned. They asked my name and i gave my nickname

I go by jay. My real name is Justin. I gave them my proper last name and birthday. I realized by mistake and informed them PRIOR to them searching for me. They had not found i gave false info, i simply realized my mistake and was honest with them before i was searched. They gave me and obstruction... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

more info needed.

it is certainly not serious.

ask for a public defender IF THE DA FILES and tell him all this.......i bet it gets tosses based on what you have said.

1 Answer | Asked in Criminal Law, Internet Law and Probate for California on
Q: california, can p.o.'s monitor internet browsing aside from social media that was handed over

this is not me but a friend because he thinks he can get into more trouble asking stuff and like watching even youtube videos. basically they have access to his instagram account and stuff. he was considered a gang member with fire arm possesion but hes not 18 yet. yeah hes dumb too lol but i think... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

more info needed.

Suggest to him, that he asks the lawyer who represented him on the underlying case. That lawyer will know all the terms and conditions of the sentence.

1 Answer | Asked in Criminal Law for California on
Q: I’ve been charged w felony grand larceny, accused of taking certain antiques that valued almost hundred thousand .

My fathers friend came up w a list - she gave this list to police . My sister got involved and it’s a witch hunt. My father recently passed so family went to clean house and these pieces were found ! My warrant had been since 2018 which was also the last time I saw my father . Can I sue this... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

much more info needed.

are you suggesting your father took it all?

you need to request a public defender at the first appearance.

don't discuss facts on an open forum like this..........anyone can read it.

1 Answer | Asked in Medical Malpractice for California on
Q: My Husband needs surgery on his foot and was told a date, but the doctor canceled.

It has been twice they canceled because They keep missing information till the last minute. We keep missing work and they just say sorry we'll reschedule.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2020

There wasn't a question included in your post, but if you're wondering whether the doctor's conduct would be considered medical malpractice, the short answer is, "very unlikely." It might be inconvenient, or it might evidence poor scheduling. But unless the cancellations and delays led to a... Read more »

1 Answer | Asked in Criminal Law for California on
Q: How do I successfully find a pro bono lawyer for criminal law?

A man is being held at Twin Towers, the case started in Long Beach, CA on May, 2019 from robbery/murder charge.

Dale S. Gribow
Dale S. Gribow answered on Jan 23, 2020

more info needed.

however, a defendant has a right to a lawyer and one will be appointed at the arraignment if s/he requests one.

2 Answers | Asked in Probate for California on
Q: Father lived in Nevada with no assets to distribute in Nevada so probate was never opened, but he owned land in Arkansas

Can I open probate in Arkansas if it was never opened in Nevada? I have his Will which designates me as executor of all assets. The land is worth less than 25k

James Edward Berge
James Edward Berge answered on Jan 23, 2020

Yes, you can. You may even be able to avoid a full probate by a small estate affidavit procedure under the laws of the State of Arkansas. Best to consult with an Arkansas probate attorney for availability, pricing, and other details.

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1 Answer | Asked in Employment Law for California on
Q: I work at a dealer ship from 8am to 5pm monday to friday. but I'm on call from 6am to 7pm everyday

I get paid per call if I dont resive any calls I dont get paid is there any laws against that ?

Neil Pedersen
Neil Pedersen answered on Jan 23, 2020

There is nothing unlawful about not paying you to be on call but if you get a call you must be paid for the time you spend on that call. Also, if you already are working an 8 hour workday, any time spent on these calls after hours should be compensated as overtime.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I work at a golf course. Are they required to post a schedule by a certian time
Neil Pedersen
Neil Pedersen answered on Jan 23, 2020

Sorry but no. There is no state or federal law that even requires a written schedule ever. I realize not knowing your approaching schedule is extremely inconvenient. If you cannot work in that kind of place, it is time to use your at will right to go elsewhere. Good luck to you.

1 Answer | Asked in Animal / Dog Law for California on
Q: Ex boyfriend stole my therapy dog and then licenced him under his name. How can I get my therapy dog back?

Broke up in early November. Lived together as roommates until late December (due to a lease) when he stole my dog. Has refused to let me see him.

I called the police, they said that the dog was licenced to him now. Isn't he in possession of stolen property?

William John Light
William John Light answered on Jan 23, 2020

ANSWER: You can sue in Small Claims Court for return of the dog.

Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)

Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)

Order on...
Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: my ex kept the cat I adopted. Am I responsible for her bills?

I adopted a cat in California in 2016. I moved to Oregon in 2018. My ex and I agreed that he would keep the cat but no transfer of ownership was made. Because my ex is shady and has tried to push his bills on me -even stole money from my account- am I legally responsible for the cat if he doesn’t... Read more »

William John Light
William John Light answered on Jan 23, 2020

It's his cat. You abandoned ownership or gave it to him. It is no longer yours. There is no formal "transfer of ownership" for a cat. If the cat was licensed and or chipped, you might consider contacting that entity and informing it of the new ownership.

1 Answer | Asked in Estate Planning and Probate for California on
Q: Do I notify the lender that my parents have passed? The mortgage is current
James Edward Berge
James Edward Berge answered on Jan 22, 2020

It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Recommendations on lessening prison time on an inmate who has been sentenced.

I have a friend who was sentenced for armed robbery, and was also given the maximum of 10 years for a gun enhancement. We do not have enough money to hire a private attorney. Can someone please provide any suggestions on where to go to have a pro bono attorney review his case and see what our... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

THE COURTS WILL APPOINT A PUBLIC DEFENDER TO DEFEND HIM AND I ASSUME THAT TOOK PLACE.

THAT LAWYER HAS ALL THE INFO RATHER THAN BITS AND PIECES YOU ARE SHARING............

IE: PRIOR RECORD? PULL GUN OUT?

IF YOU CAN NOT USE PD OR COURT APPOINTED...
Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad passed oct 2019, mom passed dec 2019. There is no will & there is a mortgage. Do I continue to pay house?
James Edward Berge
James Edward Berge answered on Jan 22, 2020

Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: can a person still be charged for a crime, when there's video proof of it, even if it's past the statute of limitations

can a man still be charged for a crime, if there's irrefutable video proof found of him commiting it, even if the statute of limitation has reached it's deadline.

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

AS I COMMENTED, THE DA'S OFFICE CAN BE VERY CREATIVE IN FILING TO TRY TO AVOID CERTAIN DEFENSES..................BUT THE ST/L SHOULD BAR A PROSECUTION OR BE THE SUBJECT OF A 1538.5 MOTION TO DISMISS

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1 Answer | Asked in Criminal Law for California on
Q: What if a man put his crime on a video site when he did it, but the statute of limitation has run out

I know who they are, The video site is active and the person's video is still up on the site for everyone there to see it, how does the law deal with this, it's not an illegal website, if someone's found video evidence of the crime,after the statute of limitation has reached it's limit, could the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

DA'S CAN BE VERY CLEVER IN HOW AND WHAT THEY FILE TO TRY TO GET AROUND IT.

1 Answer | Asked in Social Security, Employment Law and Personal Injury for California on
Q: What are the guidelines for California ssdi

I worked most of my life and did pay into disability benefits. I was not employed at the time of my injury and was granted ssi. Can I put in an appeal to get ssdi benefits?

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

YOU NEED TO ASK THIS QUESTION ON AN EMPLOYMENT LAW FORUM.....I ONLY HANDLE DUI AND PI

2 Answers | Asked in Consumer Law for California on
Q: How long does the Consumer Protective Service take to respond for a licensee with a criminal record?

I applied to get my licensure for physical therapy. The California Physical Therapy Board sent my application to Consumer Protective Services to review my criminal background and decide if I can get licensed. I was wondering what this process is typically like and how long it takes. Thank you in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 22, 2020

I do not think anyone can answer this with exactness. The CA Bar licensing usually takes about 4 months and does not include folks *usually* with criminal records. It DOES have a LONG exam. IF it takes more than 6 months, I'd recommend you politely reach out to the body doing the screening, and to... Read more »

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for California on
Q: I was my mothers care taker and I was living in her house when she died,my question is can my siblings evict me?

My mother left no will it's got to go through probate,also I have been the sole care giver and have lived there for 5yrs what are my rights.

James Edward Berge
James Edward Berge answered on Jan 22, 2020

Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If... Read more »

1 Answer | Asked in Tax Law for California on
Q: Is a non-California LLC making just passive (interest) income in California liable for California income tax?

I am a Texas resident who lives in Tijuana, Mexico. I am the manager and sole member of a single-member Wyoming LLC that only makes passive (interest) income from a loan and bank account interest in the state of California. Is my LLC subject to California income tax on this income? I have not... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

California considers you to be “doing business” if you meet any of the following:

Engage in any transaction for the purpose of financial gain within California

Are organized or commercially domiciled in California

Your California sales, property or payroll exceed...
Read more »

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