Richard Melone Bryan’s Answers

Richard Melone Bryan

San Francisco Divorce / Separation Lawyer.

Contributor Level 10
  1. Validity of California divorce

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Richard Melone Bryan
    3. Stephen Peter Anderson
    4. Donald Frederick Conviser
    4 lawyer answers

    Your California divorce will be recognized in all states of the United States and most foreign countries. The tenor of your question implies that your former spouse may be contemplating or taking some form of legal action to establish that you are married in some other country. If this is presenting a potential or actual serious problem for you, I suggest that you consult with an attorney to get advice on whether some action should be taken by you.

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  2. Default dissolution in California, rejected proposed judgment with MSA, lack of jurisdiction, do I need to file form FL-130?

    Answered over 1 year ago.

    1. Richard Melone Bryan
    2. Daniel Seth Williams
    3. Donald Frederick Conviser
    4. Nancie Yomtov
    4 lawyer answers

    I agree in general with the other comments. If your spouse checks the box stating that the Respondent consents to jurisdiction in California that will normally give the Court jurisdiction to adjudicate issues involving non California resident as to support and property rights. I would recommend that you have a consultation with a California attorney to review what has been filed and what needs to be done - since you may qualify for an uncontested dissolution if a general appearance is made....

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  3. Can I file my documents and forms online with the San Francisco court?

    Answered almost 2 years ago.

    1. Richard Melone Bryan
    2. George Baker Richardson
    3. Joseph Torri
    3 lawyer answers

    I dont' think SF Superior Court has any email type of online filing. I suggest you try One Legal. You can find them on line. You send documents to them, and they take care of the filing for you for a fee.

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  4. I owe premarital taxes. Will a postnuptual agreement protect my spouse's wages & assets from garnishment by the IRS? - CA

    Answered over 2 years ago.

    1. Richard Melone Bryan
    2. Henry Daniel Lively
    3. Christopher Michael Larson
    3 lawyer answers

    In general under California law, the community estate is liable for premarital debts of eiher spousel, but the earnings of a spouse are not liable for a premarital debt of a spouse. Thus, the IRS should not be garnishing your husband's wages for yur premarital debt. However, community accounts could be subject to liablity. A postnuptial agreement could be of help to define community and separate assets, but may carry other features that don't work for you. I suggest you consult with counsel...

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  5. Tricky financial situation in a divorce - who owes who? (California)

    Answered over 1 year ago.

    1. Richard Melone Bryan
    2. Michael Charles Schwerin
    3. Michael John Harrington
    3 lawyer answers

    Unless you have a prenuptial agreement to the contrary, California law provides that earnings from personal effort and skill belong to the community estate. It is unclear whether your "trust fund" is inherited or gifted money. Assuming that your trust fund is inherited or gifted, those funds and earnings from those funds are probably your separate propertyi. Thus, if I assume no prenuptial agreement and 1)his "income" is probably community property, and 2) your income is probably your...

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  6. Can child's father keep my child without my permission if there is no custody agreement?

    Answered almost 2 years ago.

    1. Richard Melone Bryan
    2. Mary Katherine Brown
    3. Carol Anne Jasinski
    4. Donald Frederick Conviser
    5. Scott Charles Maccabe
    5 lawyer answers

    I agree with the other attorneys that you probably need a specific court order. However, I noted that your "child support order" states that you have full custody. A child support order usually finds that you have a certain percentage of custodial time. I recommend that you consult with an attorney who can review the actual orders in place and make concrete recommendations. In particular, you need an order about the specific times for visitation.

    4 lawyers agreed with this answer

  7. Hello. My sister and I are having trouble getting our inheritance from our brother who is the trustee, should we get a lawyer?

    Answered almost 2 years ago.

    1. Paula Brown Sinclair
    2. Richard Melone Bryan
    3. Peter Walter Weston
    4. Michael E Freedman
    5. Matthew Thomas Majeski
    6. ···
    7 lawyer answers

    I agree with the comments of the other attorneys. If there is a trust that is being administered or a will in probate, you have rights to obtain information, obtain an accounting of funds, and a right to a prompt distribution of any funds to be distributed. Accordingly, you should obtain at a minimum a consultation with an attorney

    4 lawyers agreed with this answer

  8. Sale of real property which is beneficiary's primary residence by other beneficiary who is trustee?

    Answered over 2 years ago.

    1. Richard Melone Bryan
    2. Richard W Beck
    3. Frank Wei-Hong Chen
    4. Charles Adam Shultz
    4 lawyer answers

    There is no specific rule or rule of thumb. To preserve harmony and minimize cost, it is always beat to work this out by collaboration if you can. I would recommend a consultation with an attorney to help you weigh and balance all factors.

    4 lawyers agreed with this answer

  9. Removing a co-trustee when grantor of living trust is decesced

    Answered over 2 years ago.

    1. Richard Melone Bryan
    2. Molly Cristin Hansen
    3. Cecilia A Tsang
    4. Steven J. Fromm
    5 lawyer answers

    I suggest you consult with an attorney who can determine whether there is a bsis for removal of your brother. The information you provided is insuuffient to indicate whether removal should be investigated.

    4 lawyers agreed with this answer

  10. Removing a co-trustee when grantor of living trust is decesced

    Answered over 2 years ago.

    1. Richard Melone Bryan
    2. Molly Cristin Hansen
    3. Cecilia A Tsang
    4. Steven J. Fromm
    5 lawyer answers

    I suggest you consult with an attorney who can determine whether there is a bsis for removal of your brother. The information you provided is insuuffient to indicate whether removal should be investigated.

    4 lawyers agreed with this answer