Richard Melone Bryan's Answers

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

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

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.

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

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.

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

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.

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Community or seperate property? - a house owned by one party before marriage but sold during the marriage.

In California, a house owned prior to marriage is presumptively separate property. But, the community estate can obtain either an equitable interest based on use of community funds to reduce mortgage principal or make improvements or be entitled to a right to reimbursement. The question implies that the marriage has not yet occurred. If there is adequate time before a marriage date, a prenuptial agreement should be considered. Definitely, a consultation with an attorney is recommended so...

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Premarital agreement

I can't give you specific advice about your case without a consultation and full details. But, as a matter of general information: 1. Under California law, your husbands debts during marriage can subject community property to a lien to pay the debts. It wasn't clear whether you were referring to a garnishment of wages. Under California law a garnishment is usually against te debtor, only. 2. A premarital agreement can protect separate property from the otehr spouse's debts. 3. A...

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I filled for legal separtion and no one told me the fine print

You have several alternativies. You mention that your Husband does not know that you filed for legal separation. You should serve the papers on your husband if you want a court to take jurisdicition and have the power to issue court orders. You can hire a lawyer for "limited representation" which can be for consultation only. You can also get help from the self help facillity in the court where you filed the legal separation action. You can attempt to negotiate a written agreement that...

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Is it possible to get advice/help from a family law attorney for a fee without retaining one?

Yes. Many attorneys will provide a "consultation only" or "limited scope" assistance to clients in your daughter's circumstances. In this arrangement, the attorney provides advice and guidance on an as needed basis. The arrangement can work well as long as the roles of the attorney and client are clearly understood. If the client needs the attorney for a contested court proceeding, the attorney and client can agree to have the attorney handle that portion only.

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Divorce agreement - can we change it?

Most of the time divorced parties can by mutual consent modify their prior agreements. Modification should be in writing and documented. However, a court will not modify an agreement over the objection of one party unless the section is legally modfiable. Spousal and child support are often modifiable by court order depending on the language of the agreement. A court is unlikely to modify spousal support and a share of the pension so that the former husband can support a new wife. In this...

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Me and my husband have been separated or over 17 years because we were both in Federal Prison and We were both released in 2010.

If one of you resides in the State of California, you can petition for legal separation or to dissolve your marriage in this state. An attorney should be consulted if there are any issues of spousal or child support or any property division issues. In California, you can use an attorney or represent yourself to file the papers.

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