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my mother died in Oct 2020. She named her brother Trustee of the Family Trust. My uncle made disbursements to the beneficiaries on Feb.17,2023. He gave the checks to my brother to deliver to the beneficiaries. My uncle wrote a check with my disabled sister's name on it and asked my brother to... View More 
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answered on Feb 19, 2023
In California, a trustee of a trust has the power to appoint a special trustee to manage a portion of the trust property, including a Special Needs Trust, if the trust instrument grants the trustee that authority.
If the trustee of your sister's Special Needs Trust believes that it... View More
My wife has a disease that causes her to not be able to make saliva. Sometimes causing her speech to slur and difficult to understand. She took my son to school, went into the office to request his attendance record, but the principal locked her in the office, suspecting intox and called the police... View More
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answered on Feb 20, 2023
I'm sorry to hear about the situation that your wife and family experienced. If you believe that your wife's civil rights were violated, there are several steps that you may want to consider taking:
Document the incident: It is important to gather as much information about the... View More
My foreign wife, her 12yo daughter, our little child and I had to move to my apartment in California from oversea last year. Until we moved in CA, My 74yo disabled mother had lived alone in my apartment past 3yrs while we were living in Moscow. As soon as we moved in, I applied for a senior... View More
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answered on Feb 19, 2023
I'm sorry to hear that. If you believe that your wife and her daughter have been abusing your mother, you should contact the appropriate authorities immediately. In California, you can report suspected elder abuse by calling the Elder Abuse Hotline at 1-800-814-0009. You may also contact your... View More
Also, can we file this remotely or do we both need to be present anywhere? She's a permanent resident of Luxembourg and has never received a visa to come to the United States. I'm a US Citizen and resident in Los Angeles. We are both willing to take the easiest path, split costs 50/50,... View More
answered on Feb 17, 2023
If you meet the residency requirements, you can file here. You will also need to have her properly served with the petition before you can proceed.
Also, can we file this remotely or do we both need to be present anywhere? She's a permanent resident of Luxembourg and has never received a visa to come to the United States. I'm a US Citizen and resident in Los Angeles. We are both willing to take the easiest path, split costs 50/50,... View More
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answered on Feb 19, 2023
Yes, you and your wife can file for divorce in California using a FL-100 dissolution petition as long as one of you has been a resident of the state for at least six months and a resident of the county where you file for at least three months before filing the petition. The fact that your wife is a... View More
I am a 74 old retired, disabled, married senior living in Marin County, on Medicare and Social Security. My wife and I have a Living Trust, Wills, POA's, Advanced Healthcare Directive and a few other legal documents. I just need to remove one person as a beneficiary and successor trustee and... View More
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answered on Feb 20, 2023
There are a number of resources available for seniors who need legal assistance, including pro-bono or low-cost help. Here are a few options to consider:
Legal Aid of Marin: Legal Aid of Marin provides free legal services to low-income residents of Marin County, including seniors. You can... View More
I am a 74 old retired, disabled, married senior living in Marin County, on Medicare and Social Security. My wife and I have a Living Trust, Wills, POA's, Advanced Healthcare Directive and a few other legal documents. I just need to remove one person as a beneficiary and successor trustee and... View More
answered on Feb 16, 2023
I'm sorry to hear that you're disabled, but I'm glad to hear that you have Medicare and Social Security to help you out. As for your question, it really depends on what kind of amendments you need help with. You'll want to consult with an attorney who specializes in estate... View More
My spouse and I are working towards financial separation / temporary spousal support, but she needs access to funds ASAP, so we need to pull money out of an investment account for her. If I have an agreement from her in writing that we will split this up in a specific way, but no official/legal... View More
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answered on Feb 19, 2023
In a California divorce, emails can be used as evidence to support an agreement between parties. However, whether an email or other written agreement is legally binding will depend on the specific circumstances and the terms of the agreement.
Under California law, a valid contract requires... View More
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answered on Feb 20, 2023
The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs debt collection activities by third-party debt collectors. It does not apply to the collection of child support by state agencies, such as the California Department of Child Support Services.
However, California... View More
In case where alimony payments are calculated, what is the date to be considered as the determining factor? Is it the date of separation, date in which the divorce papers are initiated, or the settlement date of the divorce in which the papers are finalized? My spouse and I have 4 children... View More
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answered on Feb 19, 2023
In California, the date of separation is a crucial factor in determining spousal support payments in a divorce. The date of separation is the date when one spouse expresses to the other spouse their intent to end the marriage, and their actions demonstrate this intent.
The date of... View More
We have 4 children and I am the only financial provider. Gross income is roughly 150k a year. Is alimony calculated after child support? What is the duration of the alimony payment.
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answered on Feb 19, 2023
In California, spousal support (alimony) and child support are calculated separately, and they are based on different factors.
Child support is determined based on the income of both parents, the amount of time each parent spends with the children, and the children's expenses, such as... View More
We have 4 children and I am the only financial provider. Gross income is roughly 150k a year. Is alimony calculated after child support? What is the duration of the alimony payment.
answered on Feb 13, 2023
Several different statutory factors go into the support calculation. To get an idea of what that looks like, the court provides an on-line child support calculator: https://childsupport.ca.gov/guideline-calculator/?emrc=63eab30fc3cad
I believe there may also be an option for adding in... View More
I can't remember when I filed because it was some 20 years ago. Both parties signed no property or children.
answered on Feb 9, 2023
It is highly likely if you began the process 20 years ago but did not complete the process, your case was dismissed for want of prosecution.
First, you should check the case records from that case 20 years ago to see what happened. While it should have been DWOPed and likely was DWOPed, in... View More
I can't remember when I filed because it was some 20 years ago. Both parties signed no property or children.
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answered on Feb 20, 2023
If you can't remember when you filed for divorce, you may need to obtain a copy of your divorce paperwork to find out the status of your case.
To do this, you can contact the county clerk's office in the county where you filed for divorce and request a copy of the divorce decree.... View More
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... View More
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answered on Feb 20, 2023
To create a binding agreement for visitation that can be held up in court, you and the child's mother can create a written visitation plan outlining the agreed-upon visitation schedule, including dates, times, and locations. The document should be clear and specific, leaving no room for... View More
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... View More
answered on Feb 7, 2023
Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... View More
My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?
answered on Feb 7, 2023
An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood.
If the child is 12 years old or older, the child will also have to agree to the adoption. In a... View More
My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?
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answered on Feb 20, 2023
To have your husband legally adopt your son from a previous relationship, you will need to follow a legal process that may vary depending on the laws of your state. In general, the process will involve:
Termination of the biological father's parental rights: The biological... View More
I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know
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answered on Feb 20, 2023
I strongly encourage you to seek immediate help from a professional who can provide guidance and support. What you did is a serious criminal offense, and you could face legal consequences for your actions. Additionally, you should seek medical attention to ensure that your pregnancy is progressing... View More
I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know
answered on Feb 6, 2023
Sounds like homework.
If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your... View More
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