Matthew Scott Crider’s Answers

Matthew Scott Crider

Sacramento Estate Planning Attorney.

Contributor Level 9
  1. Trust and surviving spouse

    Answered over 1 year ago.

    1. Matthew Scott Crider
    2. Michael Raymond Daymude
    3. James P. Frederick
    3 lawyer answers

    From your description it sounds like you started divorce proceedings but did not complete them. It also sounds like your husband may have funded the trust in part with community property. I suggest that you contact a qualified estates and trusts lawyer with litigation experience immediately.

    6 lawyers agreed with this answer

  2. Spouse was served on Oct. 18th with summons. When is the 30th day for them to file AND serve me the response? Nov. 16th?

    Answered over 1 year ago.

    1. Matthew Scott Crider
    2. Shawn Michael Haggerty
    3. Michael John Harrington
    4. Daniel Seth Williams
    4 lawyer answers

    It is unlikely a court would enter a default under the facts you described.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I need to find out if I could sue my sister she was executor of my fathers trust who passed in 2003. He had the trust made 1997

    Answered over 1 year ago.

    1. Matthew Scott Crider
    2. Eric Jerome Gold
    3. James P. Frederick
    3 lawyer answers

    I would need more information to answer your question. Answers to these questions are dependent in large part on the language of the trust document. For example, what are you saying your sister did wrong? Does the trust have a no-contest provision? Is the trustee estate opened or closed?

    4 lawyers agreed with this answer

  4. What forms do I fill out in California to finalize my divorce and get my divorce certificate?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Daniel Seth Williams
    3. Matthew Scott Crider
    3 lawyer answers

    You typically need a stipulated judgement or marital settlement agreement, a final judgment form, and noticeof entry of judgment.

    4 lawyers agreed with this answer

  5. Are there laws in place that govern siblings of the opposite sex sleeping in the same room in the state of California.

    Answered over 1 year ago.

    1. Shawn Michael Haggerty
    2. Michael Charles Doland
    3. Matthew Scott Crider
    4. Michael John Harrington
    4 lawyer answers

    There is no law in California family law mandating separate rooms for kids, even if the kids are of the opposite sex. If there is an existing final custody order, and the other parent is seeking to change custody, he or she will have to show a material or substantial change of circumstance such that it impacts the best interest of the children to convince the court that something (i.e., the living situation) must be changed.

    4 lawyers agreed with this answer

  6. My husband's mother has living trust, 4 siblings, 1 died recently, the other has cancer, suspect brother of bad behavior

    Answered over 1 year ago.

    1. Matthew Scott Crider
    2. Christopher B. Johnson
    3. James P. Frederick
    3 lawyer answers

    Your question presents a number of issues: How old is your husband's mother? Does she have any memory problems? Is your husband receiving anything from the trust, or is he a beneficiary only after his mother's death? It may be possible for your husband to ask for an accounting. However, if his mother has capacity and is not incapacitated, she can change the trust and remove your husband as a trustee.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Ok i want my child name with my last name where i have to go or what i need to get done this

    Answered almost 2 years ago.

    1. Matthew Scott Crider
    2. Vincent Barney Garcia
    3. Martin Paul Weniz
    3 lawyer answers

    There is not enough information to fully answer your question. Are you the child's mother or father? What is the custody arrangement? Do you have visitation? Will the other side agree to the name change?

    3 lawyers agreed with this answer

  8. Child support issue

    Answered over 1 year ago.

    1. Martin Paul Weniz
    2. Matthew Scott Crider
    3. Daniel Seth Williams
    3 lawyer answers

    Your husband would have to show a material change in circumstances to his income to be successful in seeking to change support.

    2 lawyers agreed with this answer

  9. If a divorce is administratively dismissed, does that mean the court will have no record of it?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Daniel Seth Williams
    3. Regina Powers Hunter
    4. Richard Forrest Gould-Saltman
    5. Matthew Scott Crider
    5 lawyer answers

    There will still be a record of the filing. The court will keep the records in some form forever.

    2 lawyers agreed with this answer

  10. Can divorce papers be served through email? (in California)

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Daniel Seth Williams
    3. Manuel Alzamora Juarez
    4. Matthew Scott Crider
    4 lawyer answers

    No. A summons in a divorce case must be either personally served, or the other spouse may sign a Notice and Acknowledgment of Receipt if he or she is willing to sign such a document.

    2 lawyers agreed with this answer