Archived
Does the ATRO over our finances prevent me from filing for Ch. 7 bankruptcy protection as an individual during the divorce?
James's answer
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Answered on January 30, 2016
No. ATRO's do not affect your right to file BK during pendency of FL matter.
FL order to pay spouse attorney fees and costs is dischargeable in BK.
Archived
Will our agreement on child support duration until they reach 26 is allowed by laws? is yes, how do I fill that in FL 342?
James's answer
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Answered on January 30, 2016
Yes. You and spouse may agree to CS until age 26. FL forms you refer may not be used for non-standard CS agreement. Your agreement is...
Archived
Can they take my car and then make me pay half of my loan back in order to give it back to me?
James's answer
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Answered on January 30, 2016
Lender may repossess vehicle when you miss payment.
Contract may contain clause(s) which control redemption rights. Read contract regarding your...
Archived
What are the normal steps once a Plaintiff files for divorce and the Defendant files the Answer and Counterclaim what follows
James's answer
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Answered on January 30, 2016
No plaintiff and defendant in FL matters. There are petitioner and respondent.
You can expect case to progress including: petition, response,...
Archived
What to expect in child support hearing for Dept of Child Support case
James's answer
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Answered on January 30, 2016
You appear to have prepared case very well.
Expect judges to hear case, accept evidence, decide matter based on evidence admitted.
Hearing...
Archived
Does the trust or the beneficiary (or both) pay taxes on the proceeds? How is the tax calculated? (Thank you for your help)
James's answer
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Answered on January 30, 2016
If there is no gain realized on sale, neither trust nor beneficiary will pay tax.
Hypothetically, if trust sold property and any gain tax incurred...
Archived
What can i do?
James's answer
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Answered on January 30, 2016
Verbal contracts are enforceable.
Many options. Possible solutions include, not limited to:
-formulate repayment plan;
-securitize the...
Archived
What am I owed for the sale of marital home?
James's answer
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Answered on January 30, 2016
H is likely incorrect.
Direct his attention to Moore/Marsden rule which is well settled California governing law.
You likely have pro-tanto...
Archived
When a will is refused by the representatve , can the beneficiary's lawyer demand it from drafter lawyer of will ? Testater died
James's answer
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Answered on January 30, 2016
All good questions.
No. Witnesses and beneficiaries need not be subpoenaed. May be subpoenaed if reasonable cause exists.
Yes. Case will...
Archived
Should I sell her house before she passes? Or should I wait and sell the house as an inheritance?
James's answer
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Answered on January 30, 2016
Answer depends on key information not provided, including, not limited to:
-authority given to you in POA;
-equity in home; value of home; debt...