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Sean Gjerde’s Answers

48 total


  • What is the going charge for making reciprocating wills?

    I was married 47 years when my wife passed away. I have met a widowed lady, several years younger than I. She has been taking care of me for the last 4 years and I would like to leave her all my worldly possessions. She and all she owns is mo...

    Sean’s Answer

    Cost dependes on where you are. The cost of doing a will in New York City is very different then lets say North Dakota.

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  • My son 13 was on a sleep over at his sister's house and stayed in a double bed with his niece 12

    during the night he awoke to find himself having a wet dream his hands were up his nieces top and he was trying to kiss her.the next day the niece told her mum his sister that my son tried to rape her???? my son told me he awoke not knowing where...

    Sean’s Answer

    • Selected as best answer

    I think you need to post this on the criminal law side. Family law wise, other than a juevenille case this really shouldn't have any effect.

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  • Is a digital copy of a video co-owned by my ex-wife and I?

    During a marriage, my wife took video of our child with a camcorder purchased during the marriage. Years later, still during the marriage, I transferred that video to our home computer and eventually uploaded one clip to a YouTube channel that I h...

    Sean’s Answer

    Sounds like its community property, so wheather she took it or not the income derived from it is yours. Since you are now getting seperated she may claim its her work and that any income derived from the video should know be her seperate property. Depending on how much money is will depend on how big of a issue this is, doesn't sound like its going to be a huge issue.

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  • Temporary vs. Final Orders for Support?

    I wanted to know at what point is a Child Support & Spousal Support Order - Final. My ex keeps hauling me into court every few months to change the support order. At some point I thought that you are only allowed to go back to court if there are...

    Sean’s Answer

    A final order for support in regards to child support is not possible, at least I have never seen it. Spousal support is another matter. If you can get the divorce done you will get a sort of "final" order in regards to spousal support, assuming of course it is a long term marriage. I would probably get your divorce done as soon as possible.

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  • We are getting a divorce. Shall I sign off a condo to my husband?

    We've been living in a condo for one and a half years. It's FHA loan so we can't rent it. I can't afford making payments on my own. He can. So he suggested I leave a condo to him and move out. Shall i do that? Condo depreciated in value and if we ...

    Sean’s Answer

    Given what you are saying it wouldnt' be a bad idea, assuming of course there is no equity in the property. Even though you might sign off the Condo, if you are on the loan you still are going to be responsible for the debt.

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  • Does facebook postings constitute a violation of a temporary restraining order?

    I am taking my boyfriend's ex girlfriend to court. She has been harassing me and threatening me since December and I finally decided to get the restraining order because I was scared to even go outside of my house thinking that she may appear & tr...

    Sean’s Answer

    If the intent is to contact you then yes.

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  • How do I find out if my record has been expunged or not?

    My violation date was in 1993 - 242 pc assault (i.e. misdemeanor) in Ventura County, CA. I paid all of my fees and completed my probation / Anger management time. How do I find out if this is still on my record or not. I am getting ready to deploy...

    Sean’s Answer

    The question being did you have it expunged yourself or not?

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  • HOW TO GET A COPY OF OUT OF STATE POLICE PEPORT IF THE DA THERE SAYS NO

    I NEED A COPY OF A POLICE REPORT I FILED IN BROOKINGS OR. CURRY COUNTY DA SAYS NO I CANT HAVE IT DUE TO PENDING OF FILING CHARGES. HOW CAN I SOPENIA THIS QUICKLY FOR CUSTODY COURT?

    Sean’s Answer

    Retain counsel to do the subponea.

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  • I am in the process of a divorce and my husband removed me from his health insurance plan when I was about to undergo a medical

    procedure. I am in great pain and will now continue to be until I can have the proceedure accomplished. I was under the understanding he could not unilaterally remove me from the health plan till the divorce was final. I was also under the impress...

    Sean’s Answer

    I think your remedy is to go after your husband in family law court. You can maybe join the insurance company in to the family law matter but probably a long shot.

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  • Left Oregon to have support in CA with my parents. can I file for a legal separation here or have to do in Oregon?

    My husband got 2nd dui in 6 months time, ruining cars, bank account, my life. We have 2 daughters. I needed to leave and try to figure out if I should just leave him for good. I don't trust him anymore and am worried for myself and my kids and our...

    Sean’s Answer

    You can file for legal seperation here in California at any time and don't need to meet the residency standards. Later you can convert to a divorce.

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