Archived
I co signed for an apartment for my daughter they didn't pay the landlord is trying to garnish my wages can I do anything
James's answer
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Answered on March 30, 2015
Yes. Landlord may sue all parties on the lease. May sue you, daughter, boyfriend. After landlord obtains judgment, he may proceed to enforce by...
Archived
I put my teenage son with autism as the second beneficiary on my life insurance. Should I change that?
James's answer
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Answered on March 27, 2015
Yes. You should change beneficiary designation. Son's qualification for federal and state assistance may be compromised if he receives the life...
Archived
Does a child beneficiary of a 529 college savings plan have any recourse against their parent owner, when the parent drains the
James's answer
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Answered on March 27, 2015
Maybe.
General Rules:
If parent owner funded the 529 plan, no recourse.
if parent did not fund the 529 plan, there may be recourse.
Need more...
Can I file a motion for a new trial in a California probate case if I have just cause?
Or is my only option reconsideration?
James's answer
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Answered on March 27, 2015
Yes. assuming that there was a trial and decision, you may file a motion for reconsideration.
Reference Code of Civil Procedure which does apply...
Archived
In probate , My sister has passed and I'm including my sisters kids (my niece and nephews) in the distribution of my moms estate
James's answer
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Answered on March 27, 2015
Yes. Children entitled to inherit from deceased parent under facts you described. Former spouses generally have no right to inherit from deceased...
Archived
Am I legally responsible to pay for my father's credit card debt?
James's answer
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Answered on March 27, 2015
Maybe. Father,s estate is liable. You are not personally liable unless you improperly transferred estate funds from father's estate to you. If...
Archived
Has anybody wanted to prove a PAS parental alienation father against mother possibilities are checked
James's answer
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Answered on March 27, 2015
Yes. Parental Alienation is a viable provable action in California.
Viability depends on specific facts of case. Consult FL counsel.
Where can I find the authority to cite for "calendar preference/priority on appeal" California probate guardianship appeal?
James's answer
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Answered on March 27, 2015
Yes. Code does provide preference and priority on California Probate matters.
Reference California Code of Civil Procedure section 44 which...
Archived
Deadline to file Spousal Property Petition
James's answer
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Answered on March 26, 2015
Technically there is no deadline. However, there are practical deadlines. You should file your petition as soon as possible to ensure you receive...
Archived
Do I need to change my asset title to the name of the Living Trust?
James's answer
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Answered on March 26, 2015
Maybe. After a trust is created, it is necessary to fund the trust by placing certain assets into the trust.
Choosing which assets to fund into...