Thomas Glenn Martin’s Answers

Thomas Glenn Martin

Long Beach Immigration Attorney.

Contributor Level 11
  1. Does California recognize common law marriage and can I apply for social security benefits?

    Answered almost 6 years ago.

    1. Marshall William Waller
    2. Thomas Glenn Martin
    3. Thuong-Tri Nguyen
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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  2. Under CA law is employer required to provide benefits to full time employees

    Answered almost 6 years ago.

    1. Thomas Glenn Martin
    2. John M. Kaman
    3. Kathleen Dillon Hunt
    3 lawyer answers

    (a) generally 40 hours a week is full time. (b) no, an employer is not required to provide benefits.

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  3. Under CA trust and probate laws do all people named in a living trust receive a copy of the trust

    Answered almost 6 years ago.

    1. Thomas Glenn Martin
    1 lawyer answer

    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.

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  4. California trust law, when can an executor be removed from the estate

    Answered over 5 years ago.

    1. Douglas Anthony Dube
    2. Thomas Glenn Martin
    3. Peter Robert Stone
    3 lawyer answers

    Please describe what's going on and we can advise you if there is a basis for removal of the trustee or executor.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  5. What are the children's rights to our father's assets who recently passed away

    Answered almost 6 years ago.

    1. Douglas Anthony Dube
    2. Thomas Glenn Martin
    3. William Robert Falcone
    3 lawyer answers

    If your father left a will - a probate proceeding will need to be opened to transfer certain assets under the will. The will will then be filed with the court and will become public record. If your father died without a will (intestate), the same process will have to occur. Under intestate succession, you and your sister are heirs. If your father left a living trust, under California state law, you will also be informed when the administration of the trust is opened and you are entitled to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. CA probate laws, who covers funeral expenses if no plans are set

    Answered almost 6 years ago.

    1. Thomas Glenn Martin
    1 lawyer answer

    Your estate (i.e., any assets you leave behind).

    1 lawyer agreed with this answer

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  7. WILL/TRUST

    Answered almost 6 years ago.

    1. Alec Scott Rose
    2. Thomas Glenn Martin
    2 lawyer answers

    You can also go to the county courthouse and look up the case number. With the case number, you can pull the file and make a copy of the will. The name and contact information of the petitioner's attorney should be on the probate petition. Call him/her. Also, you could file a Request for Special Notice with the court and serve a copy on the petitioner's attorney. That will require him to notify you and serve you with copies of the papers s/he is filing with the court. I agree you should...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. What is the procedure for setting up a trust

    Answered almost 6 years ago.

    1. Thomas Glenn Martin
    2. Gabriel Cheong
    2 lawyer answers

    Setting aside the fact that Quicken WillMaker Plus is not really ideal for anything but the most straightforward outright distribution to beneficiaries (which your suggested plan is not), I believe you have some very important practical considerations to think over. If your wife dies first and leaves you, your stepson and close friends the house, this could force a partition action and sale. Do you intend to continue living in the house? Also, what happens if you go first? Also, have you...

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  9. California probate laws, beneficiaries right to transfer title of home, dispute with bank

    Answered almost 6 years ago.

    1. Thomas Glenn Martin
    1 lawyer answer

    If your parents left their home to you in their will, the house will have to go through probate in order to transfer legal title to you. You cannot simply transfer legal title with a death certificate unless you were joint tenants with rights of survivorship, which I presume you weren't. Also, the bank accounts could be transferred with a death certificate if you were the pay on death beneficiary or transfer of death beneficiary. I am based in Long Beach and handle probate administrations....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Trust owner has passed, what is the successor trustee's requirements to manage the trust in CA

    Answered about 6 years ago.

    1. Bruce Givner
    2. Bryan Don Eisenbise
    3. Thomas Glenn Martin
    3 lawyer answers

    The first question is easy to answer. You can obtain a TIN online by following this link: http://www.irs.gov/businesses/small/article/0,,id=102767,00.html. The other questions can be answered after consultation with an attorney who can assist you in administrating the estate and after after careful review of the trust. Generally, however, the trustee will be responsible for seeing to it that all required notices are given, the settlor’s debts are paid, all taxes are paid and that all...

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    1 person marked this answer as helpful

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