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Gregory Paul Benton

Gregory Benton’s Answers

8,654 total


  • Is my spouse at risk?

    So under default CA community property laws, assets and liabilities are part of the community, correct? However, I have a judgment, but the creditor does not go after my spouse who has community assets in their own checking accounts, and has w...

    Gregory’s Answer

    First this is post judgment and its too late to go back and "parse" out accounts. Second, creditors are not bound by court judgments. Hopefully the judgment contained a clause about indemnifications regarding debts awarded to either party.

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  • Alhambra California.. What specific newspapers carry Notice to Creditors/Notice of Petition/Notice to Administer Estate?

    Researching Probate

    Gregory’s Answer

    I use the San Gabriel Valley Examiner. It is the cheapest in this area.

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  • Permanent restraining order and property control: attempting to retrieve a vehicle

    I'm the petitioner of a restraining order which is permanent now. My ex partner is the defendant, he's driving my car on a revoked license and unauthorized , refuses to give it back. I'm the sole owner and registered owner of the vehicle; the judg...

    Gregory’s Answer

    The police should escort you to retrieve the car by showing them a certified copy of the restraining order. Or you can report it stolen to the police.

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  • Is the administrator of the estate entitled to the attorney files?

    I hired a lawyer to manage the probate of an estate that I was administrator of. At the end of the administration, am I entitled to the files and correspondence with the parties and businesses contacted throughout the administration the same as w...

    Gregory’s Answer

    Yes and in fact the file that the attorney keeps is actually the estates file and you have a right to al documents that are in that file.

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  • My husband and I are not divorced he got tricky lawyer to screw me and even forge my signature

    He gave an offer the lawyer said don't take it that he was going to give a fight and ask he did was nothing for me sent a legal assistant in his place at court and never gave me the court date so I could show and from the start I started I wanted ...

    Gregory’s Answer

    First it was very hard to understand this post. Second, you need to personally talk to a family law attorney about this as it appears that what you are talking about occurred over 16 years ago.

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  • How to amend a divorce decree in California.

    Hi, I would like to know how to make modifications to a divorce judgment after the divorce is final. I am looking to (1) modify child support and (2) add additional items that were previously overlooked and not specified in the decree. I have all ...

    Gregory’s Answer

    The court always retains the authority to modify child support after judgment but the basic standard would that need to show a significant change of circumstances for the court to consider modifying the child support. As to the additional items, that is puzzling. Why weren't these included in the final judgment? Who left them out of the declarations of disclosure? You can get them ordered for distributions/division but I am really curious as to why they weren't included in the previous judgment. What were they? If they are items of personal property, why can't that be divided amicably? You really should talk to a family law attorney about the specifics of your case.

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  • Mom passed away, had 2 paid for Timeshares. Not in will/not dealt with. Probate over Estate closed. How 2 stop collections ?

    Estate lawyer was aware but did not deal with them as not in will and he had no experience with them. Both resorts were notified of death and that there were no heirs. One is deeded the other is not. There is no market to sell them. Letters keep ...

    Gregory’s Answer

    • Selected as best answer

    I can't believe that there wasn't some sort of residual clause in the Will that would have made inclusion of the timeshares a part of the distribution. Go back to the lawyer to get this corrected as there is a possibility that the attorney made a huge mistake and if he/she doesn't correct it, then it could be either malpractice or negligence on the attorney's part. Did the lawyer have any previous experience in probate? This is basic.

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  • In California can the spouse stop paying spousal support if he or she retires?

    The marriage was over 10 years.

    Gregory’s Answer

    No you cannot stop paying spousal support if you retire. Stoppage of spousal support would only be accomplished via a court order. If you do retire, that would give the court the authority to modify it. Stoppage would depend on other factors. Suggest you seek legal assistance from an attorney.

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  • What to do with delayed child support and spousal support?How to make sure I get the support on time and have ex sanctioned?

    Different reasons for the delays: For the CS, ex paid me CS for 1 yr so far, we recently had custody order modified, and having issues so that we have not having it finalized, but no problem with the new CS amount, ex has not paid me for months, ...

    Gregory’s Answer

    She can't withhold payments to force you to sign something. File and RFO requesting back support payments plus interest and seek wage assignments. Also consider asking the court to find her in contempt.

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  • I have a property that with my parents. I just found out someone just transfered $15,000 out of the account. I believe my

    sister inlaw is doing it. They have been doing things similar to this but in smaller amounts for a while. My parents are getting old so are forgetful. What can I do ? Who should I talk to? What will happen if I report them to someone?

    Gregory’s Answer

    You can get a conservatorship of their estate if needed and you could pursue your sister in law under an Financial Elder Abuse action. You could report them to the DA's office but they probably won't do anything unless it is substantial and you have actual documentation and proof of their actions. You might need to seek help from a probate attorney or Elder Abuse Attorney.

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