How can I enter an appraisal into evidence? Can I just add the appraisal to my statement of issues and contentions?
James's answer
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Answered on January 12, 2016
Appraisal by itself is hearsay. To be considered as evidence you must label and properly include as exhibit at trial and call appraiser as...
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Can I force my ex spouse to provide alternative child care options?
James's answer
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Answered on January 12, 2016
Yes. You may file RFO requesting court order changes to custody and babysitting arrangements. Disparagement by third party which you describe is...
Archived
How do I get him to be able to come live with me?
James's answer
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Answered on January 12, 2016
File RFO to modify custody based on material change in circumstances. Cite pending move to Georgia and isolation in Georgia as opposed to access...
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What do I need to do that I can get more $ than the regular calculated dissomaster $ for the children? Thank you!!
James's answer
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Answered on January 12, 2016
Not much to add to information provided. input information into California Child Support calculator.
Check custody numbers before proceeding. ...
Archived
Can my dad modify his trust to include community property assets that were NOT included in the trust prior to my mother dying?
James's answer
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Answered on January 12, 2016
Probably. Father's rights depend on several material facts not provided.
May/not be advantageous to fund assets into trust at this point. Assets...
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Can I force a probate to open in court?
James's answer
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Answered on January 12, 2016
Yes. You may file petition to probate partner's estate. However, this may not be in your interest. Partner's family members have priority for...
As trustee of my mom's trust, can I sell her house in order to pay my sister's Deed of Trust?
James's answer
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Answered on January 12, 2016
Impossible to answer question without knowing additional facts and seeing the settlement agreement.
You may/not have authority to sell the house. ...
Archived
What is the appropriate way to get a court order compelling transfer of custody?
James's answer
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Answered on January 12, 2016
Beneficiary of CUTMA account may do either of following. Recommend you proceed in following order:
1. Present proof of majority and court order...
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I need clarification on if I can hire a probate lawyer myself and have the estate pay for it. I am one of the trustees
James's answer
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Answered on January 12, 2016
Yes. You may retain attorney to assist you in performing your duties as successor trustee. Trust is responsible for attorney fees incurred for...
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Can he pay himself under this scenario? If so, how much? Do I have grounds to displace him as trustee?
James's answer
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Answered on January 12, 2016
Yes. Trustee entitled to reasonable compensation for performing duties of trustee. Emphasis on word reasonable.
No duty to re-instate you as...