Would it be more accurate and meaningful to refer to someone who dies WITHOUT A WILL as dying WITH REAL ESTATE/ ASSETS?
Judith's answer
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Answered on December 24, 2023
No - it is someone who died without a will so that all property passes by what is called “intestate succession” with immediate heirs usually...
Custody orders attorney fees?
Judith's answer
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Answered on December 24, 2023
Generally, income & liquid assets (“access to funds”) are considered, but as the custodial parent who isn’t yet back to work, it’s unlikely he’d...
Are there cases where if a plaintiff loses at trial in civil unlimited court the court does not awadrd costs to the defendnat ?
Judith's answer
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Answered on December 23, 2023
Did you file a timely Memorandum of Costs? If so, why did the judge deny it? If not, how and when did you make the request?
I have a judgement for Spousal Support (2015). I now need an Earnings Assignment (FL-435) signed. Do I also need form FL-300?
Judith's answer
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Answered on December 23, 2023
No - you only need the FL-435 - but a copy of your Judgment or Support Order (ideally certified if your case is old) attached as an exhibit would...
Does an interested party have standing under CCP 48 to object to conservator acct, or must trustee?
Judith's answer
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Answered on December 23, 2023
It’s not CCP 48 - it’s Probate Code 48 - and you are an interested person but that doesn’t mean you file an Objection; as someone posted, you file...
No response filed by Respondent in court of appeal?
Judith's answer
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Answered on December 23, 2023
Why do you think the court isn’t aware that no Responsive Brief was filed? The Court of Appeals is very different from the trial courts: you don’t...
How does Ct set timeshare % for child support calculation AFTER child turns 18 but before graduate high school?
Judith's answer
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Answered on December 23, 2023
It doesn’t; the court no longer has jurisdiction to order a custodial plan for an adult (turning 18).
New property after divorce?
Judith's answer
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Answered on December 23, 2023
Husband would have no claim because you paid for it with your separate funds - or at least with your community funds with new husband.
Can a father get 50 percent custody after not having it for 8 years?
Judith's answer
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Answered on December 23, 2023
Yes - but you have to show a ‘substantial change in circumstances” since the Judgment was entered It might be better to just ask for an increase...
Can I ask for a retrial?
Judith's answer
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Answered on December 23, 2023
You can request a retrial but only after the trial is concluded - and on these facts, you’ll be denied again because judges must do this all the...
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