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Thomas Glenn Martin's Answers
Contributor Level 11
- 82 Legal Answers
- 8 Legal Guides
3
Attorney answers:
Does California recognize common law marriage and can I apply for social security benefits?
Unfortunately, Marshall is correct that common law marriage has been banned in California since 1895. Also, here's some information I obtained from the Social Security Administration's website that may pertain to your situation: "A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she: -was married to the former spouse for at least 10 years; -is at least age 62 years old; -is unmarried; -is not entitled to a higher Social Security...
10 people marked this answer as helpful
3
Attorney answers:
Under CA law is employer required to provide benefits to full time employees
(a) generally 40 hours a week is full time. (b) no, an employer is not required to provide benefits.
5 people marked this answer as helpful
1
Attorney answers:
Under CA trust and probate laws do all people named in a living trust receive a copy of the trust
After the person who created a living trust dies, the beneficiaries should be notified by the trustee of their right to request a copy of the trust.
5 people marked this answer as helpful
3
Attorney answers:
California trust law, when can an executor be removed from the estate
Please describe what's going on and we can advise you if there is a basis for removal of the trustee or executor.
3 people marked this answer as helpful
1
Attorney answers:
CA probate laws, who covers funeral expenses if no plans are set
Your estate (i.e., any assets you leave behind).
2 people marked this answer as helpful
2
Attorney answers:
Domestic Partnership AND Community Property Waiver
You may consider a Domestic Partnership Agreement (akin to a prenuptial agreement) that addresses the very issues your concerned about. My firm focuses on these types of contracts and LGBT issues. We are located in Long Beach and would be happy to answer any questions you may have about the process.
1 person marked this answer as helpful
1
Attorney answers:
Can i marry a illegal alien without papers in the u.s.? If yes, how?
You do not need to be a California resident to marry in California. To marry in California, the two parties may not be already married to each other or other individuals. Marriage by proxy is NOT allowed in California. Family Code, Section 420(a) requires the two parties, marriage officiant and witness if applicable, be physically present together in the same location for the marriage to be performed. Blood tests are NOT required to obtain a marriage license in California. Both...
1 person marked this answer as helpful
3
Attorney answers:
Can creditors lay claim to property or assets if those assets are in a trust?
Yes. (assuming it is a living trust) No. (assuming it is an irrevocable trust) Maybe. (assuming it is an irrevocable trust created to avoid creditor claims after such claims existed) DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal...
1 person marked this answer as helpful
2
Attorney answers:
Avoiding Probate?
Yes. You need a probate attorney.
1 person marked this answer as helpful