California Recent Legal Answers from Lawyers

You should be able to ask your attorney questions regarding anythign you receive from the court on your case, if you used an attorney to file.  Without seeing the notice, I would say it is notice for the trustee or someone the trustee employed in your case to file an application for compensation since it appears as though your case had assets.  ... Read More

You should discuss the facts of this case in a free private phone conversation with counsel. There may be several remedies that you can seek. In addition to filing a civil restraining order against your abuser, you may file a lawsuit against both your perpetrator and any other person who knew or should've known about the misconduct and failed to take actions to stop it. My co-counsel is licensed in California    Stephen Black, Esq.  (407) 581-2581... Read More

The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that remain in your father's estate after all non-probate transfers occur.  Yes, you should either open an account or contact an independent financial advisor and accountant to consider all other options for rolling the asset over to another institution.  Please consult with an Estate Planning attorney to do a comprehensive evaluation of your father's entire estate and your unique situation.   Best of luck.... Read More

You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper it's written on.  If you want your friend to inherit your property after you die, you have to so provide in a validly executed will.  Alternatively, you could prepare an instrument giving it to him now but retaining a life estate for yourself, but that is probably a bigger hassle than simply preparing and executing a will.... Read More

I assume that you and your son's ex are tenants in common, not partners, and that you are using the term "partner" is the colloquial sense.  Your son's ex cannot simply sell real property that she owns as a tenant in common with another.  If one tenant in common wants to sell and  the other doesn't, and tthey can't work something out, all she can do is sue for partitiion.  In a partition action it is theoretically possible that a court could order the place sold and the proceeds split, but you haven't written anything in your question that makes that appear likely.... Read More

USCIS sends out an email notification receipt as soon as it receives the premium processing request. You can ask your lawyers to show you a copy of that receipt. I note that premium processing is not a guarantee that the case will be approved immediately within 15 calendar days. Within that time, a case can be approved, denied, or a request for evidence (RFE) issued. If an RFE was issued within the 15 calendar days, perhaps your attorneys had to fight through and respond to the RFE before having your case approved. 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

I will assume that you are talking about a change of status in the United States, that you are in the US with F-1 status, and are inquiring about a change of status to B-2 with USCIS. The closing of consulates and embassies has no effect upon the work of USCIS. When the agency adjudicates a change of status, it does not give a visa – it gives a piece of paper (form I-797) notating the change. The change of status is good during the period of time given or your departure from the United States, whichever is the sooner event. 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

According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there is no prenuptial or premarital agreement between you and your husband stating otherwise. Generally, you do not have to return the money spent during marriage whether the source is through pension, wages, salary or other means. I hope this answers your questions. However, l suggest that you consult with an attorney to get more specific answers that will apply to your case. You May contact our office to schedule a telephonic consultation. ... Read More

If you have enough evidence, you can force your daughter through a court order to sign title back to your name.  Emails, texts, etc might show intent of the transfer.  But, if the intent of the transfer to your daughter was to avoid creditors, the court might deem you to have "unlcean hands" and not allow you to take the property back.  It is an evidentiary issue.... Read More

You have the right to redeem the collateral by paying the creditor the value  of the collateral or the balance you owe, whichever is less, in a single lump sum payment.  If you surrender the collateral they have no right to collect any amount from you since your personal liability was discharged.... Read More

So technically in every lease there is a implied covenant of quiet enjoyment and an implied covenant of good faith and Fair dealing. This act would be something that Could breach that covenant because it is pretty disturbing, and it also disturbs your right to be left alone with your own personal property and privacy, so if you do so desire you could bring an action to evict her if you signed a lease with her. ... Read More

If mom knew and failed to put an end to the sexual abuse, then her homeowners insurance policy ,in effect at the time of the incidents, would most likely pay out the policy limits which could be in the hundreds of thousands of dollars. My co-counsel is in California. Would love to discuss your case on the phone. Feel free to call anytime. 407-581-2581   OK if you were raped by your stepfather, and your mother was well aware of that fact, then your mother could potentially be exposed to civil liability and your stepfather could be exposed to both civil and criminal liability. You should discuss your case with counsel on a possible contingency fee basis, which means you don't pay anything unless you win. The statue of limitations may become an issue, but because you are a minor there is a period of time in which it is tolled or in laypersons terms ,suspended, until you reach the age of majority. But I would not hesitate to discuss this case with a private attorney in a private phone conversation. Who owned the home that you were raped in? and when did the last rape incident occur?... Read More

The mandate is completely legal.  Your GF has the option of getting the vaccine or being subject to regular tests.  This is a public safety issue.  The vaccine has been approved by the FDA.  The vaccine is safe.  If she does not want the vaccine, she can be tested or find another job.  Very simple. ... Read More

It appears that your son is well-adjusted and you know how to handle him.  Other than a "disturbing mood," I do not see any "damages" from your story, i.e., did he have to go to the hospital, does he require more therapy, OR are you the one damaged, OR was there any physical injuries.   In other words, did you have to expend any "out-of-pocket" money for his care and recovery?  If not, then you have no case to be filed in court.  This world is not perfect and things happen which may be no one's fault.  You should be lucky your son was not injured.... Read More

Of course, you can take your children to another state for a visit.  However, I would suggest that you try to convince your husband that he should grant you permission.  That is probably good for your children.  Without knowing his reasoning, I cannot commit on his reasons.  Good luck!... Read More

Child Support can become very complex.  If you are living together and he is paying expenses, then he should not have to pay child support even at this time.  I would recommend you get married again, enjoy each other and your children together.  That's more important for your children.  You can enter into an agreement making all the agreements in your divorce void and unenforceable.  Just make sure that you can take care of California Child Support Services requirements if California Child Support Services is involved.  I wish you the best... Read More

Nobody. "Pressing charges" occurs in criminal cases, which are investigated by the police and prosecuted by a government prosecuting attorney. You would bring your complaint to the police. You could also bring a civil suit against your son, but you would babe to pay for that yourself. ... Read More