Eliz C A Johnson’s Answers

Eliz C A Johnson

Danville Estate Planning Attorney.

Contributor Level 17
  1. How do I get a civil lawsuit's file expunged?

    Answered over 3 years ago.

    1. Eliz C A Johnson
    2. Pamela Koslyn
    3. Frank Wei-Hong Chen
    3 lawyer answers

    You cannot. They won't destroy the file because it may be embarrassing or because you might lose. Yes, it is a public record but that was understood when you filed your action. As to Defendant's copying records and passing them out, there may or may not be a slander or libel suit for invasion of privacy if no longer protected by the litigation privilege veil. Use the AVVO.com to find an attorney in your area. In addition to that, contact your local bar association for referral to an...

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  2. I have several annuities, plus a savings account, all of which have a definite beneficiary, named by me.

    Answered over 3 years ago.

    1. Eliz C A Johnson
    2. Michael Robert Weinstein
    3. Henry Daniel Lively
    4. Jerry E Shiles
    4 lawyer answers

    If it is ONLY the asset transfer issue you are looking at, yes, naming a beneficiary on accounts is sufficient to pass the assets to that person. Probate is not necessary in that case as to those assets. Real property held in JT also transfers outside probate. There is a bigger issue though. A Trust is MORE than just an asset transfer device. There are other estate planning issues that are equally important like your potential incapacity, for one example, and choices about...

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  3. Can I be in trouble for neglect if I know my elderly father needs help in the house and his wife will not allow it?

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Christine James
    3. Michael Leo Potter
    4. Eliz C A Johnson
    5. William Ray Pelger
    5 lawyer answers

    Indeed, you should really consider notifying Adult Protective Services right away.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What can be done? Can he get bail? Is restitution an option? he is held by the Feds/IRS for tax related fraud.

    Answered about 1 year ago.

    1. Eliz C A Johnson
    2. Stephen Patrick Pfeiffer
    3. Evan A Nielsen
    4. Raymond George Wigell
    5. Steven Andrew Brody
    5 lawyer answers

    Restitution is very helpful but the crimes have been committed. Courts often consider voluntary restitution at the sentencing phase. Bail is likely if this is a first offense but your facts are thin. In all events, your friend needs to find her spouse some legal counsel ASAP. Best to you

    5 lawyers agreed with this answer

  5. If I get remarried and I had a will and it just designates my Daughter and Son as beneficiary, is my new husband entiled to any

    Answered almost 2 years ago.

    1. Daniel J. Krause
    2. Eliz C A Johnson
    3. James P. Frederick
    4. Michael J. Briggs
    4 lawyer answers

    There is a concept of "pretermitted heir' that applies to after born children or spouses that are not covered in a pre-existing will. The law presumes for you, taking away your choice, that you would have intended they get a share of your estate. Your spouse can and may file for his share of your estate whether you intended he get that or not. The other two attorneys are absolutely right in saying these issues need to be dealt with now. They should have been dealt with prior to marriage...

    5 lawyers agreed with this answer

  6. Is a will made before marriage valid in California and are stocks brought into the marriage community property?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Daniel Kenneth Printz
    2 lawyer answers

    A spouse from a marriage after a will is drawn can make a claim in California to a share of the estate and take against the will. The will does not fail because of the later marriage but the omitted spouse is allowed to claim against the estate. As to the real estate, if it is held as joint tenants, by operation of law, the surviving spouse gets 100% of the property. If it is held as community property only, then, yes, the deceased spouse may leave his half as s/he chooses. Generally, in...

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  7. IRA account after death.

    Answered about 1 year ago.

    1. Christine James
    2. Charles Adam Shultz
    3. Eliz C A Johnson
    4. John Arthur Daniels
    4 lawyer answers

    Mr. Schults nails it here. You do need more detail for us to give more of an answer. Ask for a copy of the IRA and you will see what you need to know. Good luck.

    3 lawyers agreed with this answer

  8. Where do I find a list of cases in probate for Los Angeles County ?

    Answered almost 2 years ago.

    1. Eliz C A Johnson
    2. Abbas K Gokal
    3. Eric Jerome Gold
    3 lawyer answers

    You can research it at the county court house, some times on-line. You can look at the legal publications because probate requires publication of notice. What are you needing?

    3 lawyers agreed with this answer

  9. Do i need to report income from a source that is not 1099?

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Michael Raymond Daymude
    3. Eunjin Chang
    4. David Warren Klasing
    5. Robert Kenneth Morrow
    6. ···
    8 lawyer answers

    Of course the answer is yes. You earned the money irrespective of whether a 1099 was issued. Not to do so would be called 'moral turpitude' at a minimum.

    3 lawyers agreed with this answer

  10. My sister and I have Power of Attorney for our mother, who is in nursing home, and is not expected to live much longer. She owns

    Answered almost 2 years ago.

    1. Charles Richard Perry
    2. Michael Leo Potter
    3. Eliz C A Johnson
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    In addition to the other remarks, you lose a very valuable 'step up' in basis opportunity if you inherit the property instead of take it by quit claim deed. Basis would be raised to FMV from what she paid for the home. Even if the property is not worth what it once was, it is worth more than when she bought it, usually. I too question if you can do this with a Power of Attorney, whether you would not be breaching your fiduciary obligations and whether you will have Medicare, Medi-Cal...

    3 lawyers agreed with this answer