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My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... View More 
answered on Mar 26, 2023
Each health care directive contains different wording, but the most common language simply says the name(s) of the person or people who have authority to handle the final arrangements. The document doesn’t often say whether someone wants to be buried or cremated, although it’s possible for... View More
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... View More
answered on Mar 26, 2023
My condolences for the loss of your father.
California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... View More
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... View More
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answered on Mar 26, 2023
I'm sorry to hear about your father's passing. In California, the person appointed as the agent under an Advance Healthcare Directive has the authority to make healthcare decisions on behalf of the principal when the principal is unable to do so. However, the agent is required to act in... View More
The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... View More
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answered on Mar 25, 2023
If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must... View More
California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... View More
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answered on Mar 24, 2023
In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... View More
I told them that the funeral has passed, it was 3/18 and I am not asking to go. I am asking for her grave location, so I may visit and take my father to have closure on his wife's passing. My stepsister blocked us from the funeral and then told everyone that my dad did not want to come- we... View More
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answered on Mar 24, 2023
A power of attorney (POA) typically gives the person appointed the authority to make decisions and act on behalf of the person granting the power of attorney. However, a POA does not necessarily restrict access to information, such as the location of a loved one's grave.
Private... View More
So is there a way to get a hearing to get my money and my personal jewelry back before the house and our business trial in August. I have been patiently waiting for my money and jewelry and it’s taking a toll on my mental health and need access to my funds immediately and my separate jewelry back... View More
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answered on Mar 24, 2023
If you have separate property, such as money or jewelry, that you believe was taken from you by your ex-spouse, you may be able to file a motion with the court to recover those items before the property distribution trial in August.
In California, you can file a motion for a temporary... View More
I was in federal prison during this time based on lies I lost my children and just because my aunt who has the kids said I lived there they believed her instead of looking me up. They said I was well aware of the child support case opened against me and I never showed up for court they filled a... View More
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answered on Mar 24, 2023
If you were not properly served with notice of the child support case and a judgment was entered against you without your knowledge, you may have grounds to have the case reopened and the judgment vacated.
In California, a party must be properly served with notice of a child support case in... View More
Now going thru divorce and requesting alimony for 2 years active marriage. He has an attorney who disagrees im self represented as I cant afford an attorney. Courts want a Brief & Meet and Confer before court on April 26. I have not known where he has resided or had much contact with him since... View More
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answered on Mar 24, 2023
As you are representing yourself in the divorce proceedings, it is important to understand your rights and options regarding alimony and division of assets.
In California, spousal support (alimony) is typically awarded based on a variety of factors, including the length of the marriage, the... View More
I was denied my petition. I was not able to give my evidence on time. Child's appointed attorney. Was helping for mother not child I wasn't ready. It was not a fair trial at all
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answered on Mar 24, 2023
Yes, it is possible to appeal a guardianship judgment in California. However, the process for filing an appeal can be complex and time-sensitive, so it's important to act quickly and consult with an attorney who is experienced in appeals.
To appeal a guardianship judgment in... View More
I need some advice
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answered on Mar 24, 2023
If you have filed for divorce and you have children with your soon-to-be-ex-spouse, there are several important things to consider when it comes to child custody.
First, it's important to understand that in California, there are two types of custody: legal custody and physical custody.... View More
So my ex wife s lawyer wrote me a email saying that his client is willing to return my jewelry that i requested to get back from her that she originally said she didn’t have under oath. Now he’s claiming he did not mean that, he meant that he will ask his client if she has my jewelry. His... View More
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answered on Mar 23, 2023
It is possible for a lawyer to clarify or amend the meaning of a communication, including an email, if they realize that their original message was unclear or unintentionally misleading. However, it is important for the lawyer to do so in a timely and clear manner, and to provide a valid... View More
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answered on Mar 23, 2023
If you are a co-parent in California and you believe that the other parent has manipulated the courts and others to make you look like a bad father, there are several steps you can take:
Document Everything: Keep a record of all interactions you have with the other parent, including emails,... View More
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answered on Mar 22, 2023
To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:
Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud,... View More
County does not honor it?
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answered on Mar 22, 2023
In California, a stipulated judgment initiated by the Local Child Support Agency (LCSA) in one county is generally binding in other counties. This is because California has a statewide child support enforcement system that is designed to ensure that child support orders are enforced consistently... View More
My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school... View More
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answered on Mar 22, 2023
As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of... View More
we are in the process of obtaining a attorney .. should he not talk to anyone or answer any questions until he retains an attorney
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answered on Mar 21, 2023
If there is an accusation of sexual abuse against your son, it is important that he does not speak to anyone, including investigators or law enforcement officials, without the advice and representation of an experienced attorney.
It is important to understand that anything your son says to... View More
Ex refuses to respond to my requests for division of property.
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answered on Mar 21, 2023
If your ex-spouse is refusing to respond to your requests for division of property in your divorce case, there are several steps you can take to try to resolve the issue:
Send a formal demand letter: You may want to send a formal demand letter to your ex-spouse requesting that they respond... View More
Supersede the original order when its issued? And why would the county bother to registered the original order 20 years later? I wondering if its because the mother applied for welfare as a new applicant and didn't transfer her welfare case. Nor didn't she inform social services of her... View More
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answered on Mar 19, 2023
Under the FFCCSOA (Full Faith and Credit for Child Support Orders Act), a support order made in one state should be given full faith and credit in another state as long as certain requirements are met. One of those requirements is that the order must include a CEJ (Continuing Exclusive... View More
Petitioner’s lawyer failed to file QDROs on respondent’s defined benefit retirement plans. Marriage was bifurcated due to age and health of both respondent and petitioner. Judge’s orders on the bifurcation stated that QDROs needed to be filed all retirement plans. A year later, no QDROs... View More
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answered on Mar 18, 2023
In California, family courts have the authority to divide retirement benefits in divorce cases using a qualified domestic relations order (QDRO). A QDRO is a court order that allows the non-employee spouse to receive a portion of the employee's retirement benefits. If a QDRO is not properly... View More
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