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Gregory Paul Benton

Gregory Benton’s Answers

8,787 total


  • How does one go about getting a new order for distribution under Probate Code 11603(c)? File a motion or file a Petition?

    Is it necessary to reopen the estate and appoint an executor again? Right now, the money is with the State Controllers Office, having been transferred from the County Treasurer. How can one obtain a new order of distribution pursuant to 11603(c)...

    Gregory’s Answer

    Yes a motion would need to be filed requesting relief under the probate code cited. The administrator has a duty to do this but if the administrato doesn't, the any heir/beneficiary of the estate can file a motion to request the relief being sought.

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  • Under what law can a court make me sign a document to release records under a FOIA request in a probate matter? Is there a law

    or statute allowing this?The person contesting my conservator ship over a family member filed a motion to execute documents to have me sign the dox (which are FOIA releases for my info which will, according to the petitioner, prove I violated the ...

    Gregory’s Answer

    Your question is very confusing. But generally discovery rights pertain to the right to have documents and information relevant to a case and to insure that a proper decision is made by the courts.

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  • Can anAttorney file, tortious interference with expectancy of Inheritance before Grantor has died? ProbateCourt or civil court?

    My brother has unduly influenced my father to change the living trust and will after he physically abused, emotionally/financially abused him. This is after my father changed the will & Living trust and disinherited him. My father does not have ca...

    Gregory’s Answer

    There is no such thing as you state. But a claim could be filed under elder abuse and that would be filed in the probate court. Seek experienced help from an attorney.

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  • My mom and her sisters are going through probate what would happen if my mom passed during probate who would get her share?

    My grandmothers house is going through probate and my mom and her sisters are the surviving children. My mom is ill what would happen to her share if she passed away? Would it go to her sisters? Can she sign something saying who she wanted her sha...

    Gregory’s Answer

    Your mom's share would be divided equally with her surviving children. She should have a trust drafted to insure that her shares and her whole estate go where she wants them to go

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  • Can I file a Response to a different superior court than the one filed by the petitioner?

    I live in Los Angeles County and my wife filed a petition for a divorce but the court she filed to is far from where I live. Can I file a response to a different court than where she filed to? Or should I file a response to the same court where ...

    Gregory’s Answer

    You must file your response at the same court where the petition was filed.

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  • About to go through divorce\separation & my husband & I had a car that was in his name, the car got repoed am I liable to pay?

    haven't started divorce\separation process, been living apart for a year, reposed vehicle,

    Gregory’s Answer

    If the car was purchased during the marriage and the loan was taken out during the marriage then probably the loan company could make both of you jointly and/or severably liable. But if the repo was caused by actions after separation and caused by negligence on his part, the there is a possibility that the debt could be awarded to him. You would need indemnifications against his negligence though.

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  • If an elderly person dies in CA and has no will, but does have adult children. Do they automatically get the estate?

    The person has no assets besides cash in the bank. What is the simplest document that could be created to avoid probate or other things so that they adult kids can get equal share of the proceeds? Is a Will sufficient? Assets are under $1M.

    Gregory’s Answer

    No they do not. A probate case will need to be opened and the estate must go through the probate process and they will only get their shares after an order from the probate court. The simplest document to avoid probate is a Revocable Trust. A will won't avoid the probate process.

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  • Been married to my husband for 15 yrs. I did not sign the prenup. Will I recieve any money If we get a divorce? shane

    we live in California

    Gregory’s Answer

    No way of knowing exactly without having facts about any real or personal property/bank accounts/ etc that may have been acquired during the marriage. In theory you have a community property right to anything acquired during the marriage regardless of whose name is on title or ownership. There is also a possibility of spousal support. If there were children born from this marriage, then there is a possibility of child support. Seek assistance from a family law attorney who can give you specifics after taking the time to determine all of the facts needed to answer you questions.

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  • My father in law passed away a couple of weeks ago. He was married to my husband's step mother for 40 years.

    My husband and step mother do not get along. My husband doesn't know if his father had a will or life insurance policy and he did not ask his step mother nor she has contacted him for anything. If there is something in a will or a life insurance p...

    Gregory’s Answer

    Trying to find a will or life insurance policy at this point is almost a futile task. If your father in law had assets worth at least $150,000, it is best that your husband file a petition to administrate his father's estate and be appointed as the administrator. Once appointed, he can use that authority to research and try to locate assets that his father may have had. He should really seek the services of a probate attorney.

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  • If filing a an Marriage Settlement Agreement, do you need to file a lot of other forms to finalize a separation?

    My wife and I filed the petition and response for an uncontested legal separation and want to move forward without attorneys due to the costs. There is a huge packet of forms we were given at the courthouse, but they all seem to contain the same ...

    Gregory’s Answer

    It depends on the issues and the division of property involved in your legal separation. Talk to the courts self help office on what forms you will need to attach to the MSA.

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