California Recent Legal Answers from Lawyers

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486 legal questions have been posted about by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
California Recent Legal Answers from Lawyers
Page 15 of lawyers' answers to legal questions about California.

Recent Legal Answers

Anytime a person petitions for child support or make some motion for modification for child support, each side if requested by the other side, needs to provide financial information about their household finances. This may implicate disclosing the income of the household which would include your new spouse. So in that context, that would be required.    ... Read More
Anytime a person petitions for child support or make some motion for modification for child support, each side if requested by the other side, needs... Read More
Contact HICAP -- they can help you with issues regarding Medicare.
Contact HICAP -- they can help you with issues regarding Medicare.

who would be next of kind

Answered 4 years and 3 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
If there is no Will or Trust, then the instestacy laws of California will generally distribute evenly to all of the children.
If there is no Will or Trust, then the instestacy laws of California will generally distribute evenly to all of the children.

How to become power of attorney

Answered 4 years and 3 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
If your parents still have capacity to understand that they are giving you legal authority to make decisions for them - testamentary capacity - then they can retain counsel to prepare the powers of attorney. If not, then you will need to consider a conservatorship.
If your parents still have capacity to understand that they are giving you legal authority to make decisions for them - testamentary capacity - then... Read More

Question regarding medical mistreatment

Answered 4 years and 3 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
It is not clear if your friend was in a skilled nursing facility, but if she was, then cannot give up her bed if she has to go to the hospital.
It is not clear if your friend was in a skilled nursing facility, but if she was, then cannot give up her bed if she has to go to the hospital.

can i sue someone for defamation

Answered 4 years and 3 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer
Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com   www.LawyerJaffe.com You may want to consider hiring a lawyer to send a Cease-and-Desist letter to the known third party.  While a cease-and-desist letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.   ... Read More
Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330)... Read More

Protecting Personal Injury settlement

Answered 4 years and 3 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
Contact a bankruptcy attorney in your state. 
Contact a bankruptcy attorney in your state. 
A US citizen Adult child can sponsor their foreign national parent for a green card, and then once the parent obtains their green card, then they could sponsor their spouse. Unless your mom married your stepfather before you reached the age of 18, then you cannot petition your stepfather directly. ... Read More
A US citizen Adult child can sponsor their foreign national parent for a green card, and then once the parent obtains their green card, then they... Read More

Do I get to Green card faster as a German national born in India?

Answered 4 years and 3 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Immigrant visa backlogs are determined by country of birth and not country of nationality. Therefore, your becoming a German national will not speed up the quota for you under US immigration law. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
Immigrant visa backlogs are determined by country of birth and not country of nationality. Therefore, your becoming a German national will not speed... Read More

can my mother remove me from the will her and my dad had made after he died

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
Most likely two wills were made. Your mother had her will, and your father had his will.  Usually a will can be revoked and changed whenever desired.  However, sometimes it can be argued that one's will was made on reliance of the terms of one's spouse's will; and, therefore, the wills cannot be changed.  More facts are needed, and the wills need to be reviewed.... Read More
Most likely two wills were made. Your mother had her will, and your father had his will.  Usually a will can be revoked and changed whenever... Read More
Yes the boy can be charged with first degree murder. There is no self defense claim if another party kisses the killer's girlfriend. There may be a mitigation defense due to murder in "the heat of passion", but that doesnt apply where there has been a "cooling off period."  It appears that you need to get an attorney and you should make no statements to the police without the presence of your lawyer. ... Read More
Yes the boy can be charged with first degree murder. There is no self defense claim if another party kisses the killer's girlfriend. There may be a... Read More

What is the capital cap for funds being raised through a DPO?

Answered 4 years and 3 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Business Law
Try the "JustAnswer" website
Try the "JustAnswer" website
You need to use your legal name, which is your married name.  Just be sure to leave nothing for your current husband, by naming him by his legal name.
You need to use your legal name, which is your married name.  Just be sure to leave nothing for your current husband, by naming him by his legal... Read More

Can they force me to vacate my housebthat i lived in for 15 years? House paid off. I pay taxes. I dnt want to sell

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Hi,  I simply need more information.  Who owns the house? Was it owned by the parents, and now by you and your siblings? Is it in a trust?  Please provide me additional information.
Hi,  I simply need more information.  Who owns the house? Was it owned by the parents, and now by you and your siblings? Is it in a... Read More

Calif trust Law.

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
Hi, It should be easy to transfer the  judgment to your name since you are the trustee.  BUT that is assuming the judgment was part of the trust.  I would need to read the trust.  Otherwise, you might have to go to court to change the name of the judgment creditor.  How fast this can be done also depends upon the amount of the judgment.   I also happen to do a lot of collection work.  Is the judgment still valid?  When was it entered? Was it renewed?   I would need more information to give you difinitive answers.... Read More
Hi, It should be easy to transfer the  judgment to your name since you are the trustee.  BUT that is assuming the judgment was part of the... Read More

Can I take an executor to court?

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the 11/22/2005 will is the last will, then you will have to challenge its validity in order to have the two older sisters not be the co-executors.  For that I would need more information.  Please be aware that they cannot do as they please, since the probate court in theory will be there to make sure the terms of the will are followed.... Read More
If the 11/22/2005 will is the last will, then you will have to challenge its validity in order to have the two older sisters not be the... Read More

Son passed away and his father wonโ€™t split his belongings

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
You rights are equal to your ex-husband, assuming your son had no will or trust.  Your son's children or siblings, could also have rights.
You rights are equal to your ex-husband, assuming your son had no will or trust.  Your son's children or siblings, could also have rights.

Poaching of web content

Answered 4 years and 4 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer
If your friend has his own copyright he can send a DMCA take-down notice.  He can also sue for money damages based on HIS coyright.    
If your friend has his own copyright he can send a DMCA take-down notice.  He can also sue for money damages based on HIS... Read More

Can I sue a company for false claims to sell my house?

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Hi, What a strange story.  What I find important is that somehow title was changed and put in your dead husband's name as joint tenancy.  With whom?  With you? If so then it is your property.  I would need to know more about the property and the deeds relating to the property.... Read More
Hi, What a strange story.  What I find important is that somehow title was changed and put in your dead husband's name as joint tenancy. ... Read More

Does joint tenancy grant automatic transfer of ownership at death?

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Joint tenancy means that the survivor becomes the owner of the whole property.  Even if he had a will, it would not help; the owner is the remaining person on the grant deed.  I would have to see the grant deed to know for sure.
Joint tenancy means that the survivor becomes the owner of the whole property.  Even if he had a will, it would not help; the owner is the... Read More

I am married to an older retired man. He is 79 and I am 57, we have been married for 17 years.

Answered 4 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds have been recorded.
If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds... Read More
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you have the case number?  I would begin by looking at what was filed in the case.  I would also like to see the settlement agreement.
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you... Read More

Where do I start

Answered 4 years and 4 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should contact CPS immediately.  CPS are compelled to locate and place the children with family members. Good luck!
You should contact CPS immediately.  CPS are compelled to locate and place the children with family members. Good luck!

BK

Answered 4 years and 4 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
Are you sure that's the correct amount of your student loan, i.e., $341?  To file a bankruptcy the court filing fee is about that amount.  If you have more debt than this loan, then it might be worthwhile.  You need more than "out of work" to get relief from a student loan.  You need total disability to work now and in the future.  Also, it depends on so many factors to determine how you will pay or not.... Read More
Are you sure that's the correct amount of your student loan, i.e., $341?  To file a bankruptcy the court filing fee is about that amount. ... Read More

My friend was molested

Answered 4 years and 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
Your friend can file a lawsuit against those parties who both molested her, as well as any third-party who knew or should've known of the child molestation but failed to take measures to inform the police. If that person was molested in a home, where the third-party had homeowners or rental insurance, there would be a source of recovery that she could sue for. Discuss your case with counsel on contingency fee, which means she doesn't pay anything unless she wins The case. I cocounsel with attorneys in California  on these cases, and I have had a lot of success with them. The statute of limitations is suspended in California during the period that the child was a minor, so there may be enough time that she can bring her case. Discuss with counsel.... Read More
Your friend can file a lawsuit against those parties who both molested her, as well as any third-party who knew or should've known of the child... Read More