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Thomas Glenn Martin

Thomas Martin’s Answers

82 total


  • One caveat asset if you re-title your home to the trust what happens if your spouse and children are both living

    would homesteading be another way to protect another home or can you have more than one caveat or homestead.

    Thomas’s Answer

    Please restate your question. I'd like to help, but it's unclear what you're asking. Thanks.

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  • For real property owned by several persons, does recording title for one person in a living trust bring on jeopardy to the other

    The property is owned by 3 people; a brother with 1/2 interest; a sister and her husband with the other 1/2 interest

    Thomas’s Answer

    No.

    That said, an improperly prepared deed could cloud title and potentially trigger a property tax reassessment. Consult with a lawyer.

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  • Custodain Savings Acct.

    My son was given 30K from his grandfather that is now passed. His dad is the custodian and was to release his money at 18yrs old. My son is 18 and his dad is refusing to release his money. He had already taken at least 10k for his own personal us...

    Thomas’s Answer

    Retain attorney, sue dad, get money. Bank will likely not release funds without court order.

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  • If a man dies in ca. and is succeeded by a common law wife, can his children still claim shares that name them as beneficiaries?

    man is 90 and curretnly living with common law wife of 30 years. Man has dementia and will not make will. Son currently taking care of estate without any legal power of attorney

    Thomas’s Answer

    A) There is no such thing as a common law wife in California.
    B) Children can't claim inheritance if they are properly disinherited by will or trust.
    C) Children can claim inheritance if man dies intestate or provides for them in will or trust.
    D) Son should petition court to be appointed conservator so that he may legally take care of his father's personal and financial affairs.

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  • We are an childless elderly couple wanting to name a non family member as our next of kin. Is there a document for this?

    We have them in our will but want them to be able to help us while we are still living.

    Thomas’s Answer

    To assist you with health care decisions while you are still living but incapacitated, you will need an advance healthcare directive also known as a power of attorney for healthcare or living will.

    To assist you with financial decisions while you are still living but incapacitated, you will need a durable power of attorney.

    These documents may be the same in Kentucky. I am only advising with respect to California, which is where I am licensed.

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  • Is the house paid for?

    My granmother and I are looking for a house, I am a lil scared she is in good health but what if something were to happen is the house paid for or do I have to continue the loan. Someone told me the house would be paid for in full but i do not wan...

    Thomas’s Answer

    If the person making mortgage payments can no longer make mortgage payments, then someone needs to continue making mortgage payments; otherwise, the loan will go into default and the bank will foreclose on the house.

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  • Can i marry a illegal alien without papers in the u.s.? If yes, how?

    I want to marry a women that has been in the U.S. since she was 10 yrs old. She has never been naturalized this whole time. Her family has failed miserably. She had a I.d. but was revoked due to a traffic violation. Now can not get one. Is there a...

    Thomas’s Answer

    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 parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.

    If you have been married before, you will need to know the specific date your last marriage ended, and how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.

    Marriage licenses are valid for 90 days from the date of issuance. If you do not get married within 90 days, the license will no longer be valid. You must purchase a new license.

    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 issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Is it legal to marry someone who has a green card?

    My fiance has lived in the US most of his life, but do to an arrest in his early 20's was unable to apply for citizenship. Can we still get married? He has his green card and that means he is here legally, he his planning to apply again for citi...

    Thomas’s Answer

    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 parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license in California. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state issued identification card, drivers license, passport, military identification, etc. Some counties may also require a copy of your birth certificate.

    If you have been married before, you will need to know the specific date your last marriage ended, and how it ended (Death, Dissolution, Divorce or Nullity). Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or nullity.

    Marriage licenses are valid for 90 days from the date of issuance. If you do not get married within 90 days, the license will no longer be valid. You must purchase a new license.

    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 issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • The fastest way to bring a foreign spouse to US

    I'm a US citizen dan recently got married to an Indonesian wife. I went to the US embassy only to find out that, I have to apply for I-130 in the U.S first, & leave my recently wedded wife alone in Indonesia. If I get this right, I'll have to appl...

    Thomas’s Answer

    You should post this question in the Immigration category so that an immigration attorney will see it and be able to answer it for you. Good luck.

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  • Can you make a prenuptial agreement after you got married

    Can you make a prenuptial agreement after you got married

    Thomas’s Answer

    No, but you can enter into a post-nuptial agreement.

    By using a post-nuptial agreement, you and your spouse can choose to opt out of California's community property laws and agree to treat your assets as separate property.

    You should consult with an attorney to take care of this for you. Our firm is located in Long Beach.

    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 issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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