Gregory Paul Benton’s Answers

Gregory Paul Benton

Glendora Family Law Attorney.

Contributor Level 20
  1. Can Uncontested Divorce Judgement be successfully appealed.

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. Herb Fox
    3. Michael Douglas Shafer
    4. James Louis Miller
    5. Joseph Torri
    6. ···
    7 lawyer answers

    It isn't easy and I don't see on what basis she could "appeal" a stipulated judgment. Her only avenue might be a motion under CCP 473 but I doubt if she could prove that she was negligent or signed it in error.

    15 lawyers agreed with this answer

  2. Can a title search and survey help me? I am a co-trustee inheriting 25% of a property. Size and map are recorded wrong.

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. Michael Leo Potter
    3. Celia R Reed
    4. Stephen Dean Ingram
    4 lawyer answers

    First hire an attorney and demand all documents needed to get this done. Then if he doesn't produce, file a motion to demand the documents. Second, you might need to have a separate hearing in a civil court regarding the boundaries. Please first seek out counsel.

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  3. How can I contest the benificiary on my fathers life insurance? How can I fight for what is rightfully my sisters and I?

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. Christine James
    3. Donna R Blaustein
    4. Celia R Reed
    4 lawyer answers

    Fighting the designated beneficiary of a life insurance policy is very difficult to do. Given that the house and the "property" are in his name would give the assumption that it was intended that the life insurance also be paid to the same designated beneficiary. This is a very difficult presumption to overcome. The people who say they know. . well did they actually hear your dad say this or are they presuming? Again a very difficult proposition. If you dad had property,though, was it...

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  4. If married and receive a personal injury or workers comp settlement, is that my separate property if we divorce?

    Answered about 1 year ago.

    1. Gregory Paul Benton
    2. Michael Douglas Shafer
    3. Christian K. Lassen II
    4. Manuel Alzamora Juarez
    5. Christopher John Gansen
    6. ···
    7 lawyer answers

    It depends on the manner or how the injury happened and how the damages were calculated.

    11 lawyers agreed with this answer

  5. Recently my father was put on hospice to die. My brother and I were not included in the decision. Were our rights broken?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Gregory Paul Benton
    3. Rosemary Jane Meagher-Leonard
    4. C. Donald Briggs III
    5. Christian K. Lassen II
    5 lawyer answers

    You did not indicate who made the decision to put him into hospice. Maybe that person has an advanced health care authority executed by your father? Given that he died only a few days after being put into hospice, I can't see that as being too soon. If he was not competent to make his own decision then maybe the person who did make the decision acted under the an advanced health care directive. I don't know what personal rights that you claim were violated. You need to focus on his estate...

    11 lawyers agreed with this answer

  6. My great great grandfather died some 75 years ago intestate. He owned land purchased with his first wife.

    Answered over 1 year ago.

    1. Christine James
    2. Gregory Paul Benton
    3. Paul Rutledge Durr III
    4. Cheryl Rivera Smith
    5. Celia R Reed
    5 lawyer answers

    You will need to get legal expertise on this as there are estate issues and real property issues that could include a claim in adverse possession. You will also need to do title searches to determine how the property was previously held.

    11 lawyers agreed with this answer

  7. US citizen medical doctor married in Japan to Japanese citizen with no pre-nuptial contract. Where should I divorce her?

    Answered about 1 year ago.

    1. Gregory Paul Benton
    2. Giacomo Jacques Behar
    3. Alexander Joseph Segal
    4. Gary D Sparks
    5. Robert J Adams Jr.
    6. ···
    9 lawyer answers

    Since there were no family law attorney responses, I feel compelled to respond as this case presents some sticky issues. As long as you have been living here in CA for at least 6 months prior to filing a divorce matter, then you can file here. Your biggest problem will be enforcement of custody and visitation matters since your child is in Japan. I do not know of Japan was a signer of the Hague convention treaty on recognition of U.S. child custody and visitation issues but you should seek...

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  8. My parents are currently in the process of divorce which won't be finalized till around august.

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. John Henry Perrott
    2 lawyer answers

    Your mother's liability on medical bills stopped as of the date of separation. Your father has a right, though, to information that your mother has in order to establish his medical insurance and coverage for his conditions. Any bills accumulated before the date of separation will be community property and will, in theory, be divided up between them. The information your father needs should become a negative on your mother during the divorce. They need to seek legal help though.

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  9. Whats the name of the documents to probate in court

    Answered 3 months ago.

    1. Gregory Paul Benton
    2. Candice Andrea Garcia
    3. James Charles Shields
    3 lawyer answers

    You can't do anything until you are appointed as the Administrator of your father's estate. You do this by filing a Petition To Probate and request for Letters of Administration. Suggest you hire an attorney to do what you are seeking as you will undoubtedly need to issue subpoenas and/or file a cause of action against the person who is did what you allege.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Is there a time limitation to file as an heir and/or contest mishandling distribution of a relative's trust/estate?

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. Christine James
    3. Craig Martin Scalise
    4. Charles Adam Shultz
    4 lawyer answers

    If you deceased aunt had a husband living at the time and children living at the time of the estate administration, then you probably don't have standing to contest anything. Only the heirs have standing to contest this. I don't know what you mean by 3rd cousin so it is hard to tell if you have any legal standing in this matter. Also, if the will was not found did the estate get probated via intestate succession. If so, then the administrator had to distibute the estate via probate law and...

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