Archived
A CA citizen told me that in CA, one may shield assets from lawsuits by using a trust in combination with a will. Any truth ?
James's answer
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Answered on September 17, 2014
Agree with colleagues. Each case requires specialized strategies and EP devices unique to your situation to achieve your goals. No simple answer...
Archived
I am trying to understand what benefits I have as part of my monthly contribution for legal services.
James's answer
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Answered on September 17, 2014
Question not clear. Recommend you check with administrator of the legal services plan.
Archived
Both my grandson's parents are incarcerated and his other grandmother is trying to keep him from me. can she do that?
James's answer
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Answered on September 17, 2014
Agree with colleagues advise and observations. Absent a court order, neither grandparent has rights to custody of children. You should consider...
Archived
My sister in law passed away. My brother is in prison. What are my options when it comes to guardianship over my niece?
James's answer
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Answered on September 17, 2014
Agree with colleagues. You need to file a petition to be appointed guardian. Your brother, father of children, does have rights. He is not...
What is an ex parte? What are the steps to file one to release funds from county?
James's answer
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Answered on September 17, 2014
Agree with colleagues. Ex parte is a request for some type of emergency action. Next step is to file Order on petition and distribution of funds....
Probate: In CA, what form do I use to file a COMPETING petition to administer estate?
James's answer
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Answered on September 17, 2014
Agree with colleagues. Judicial Council form DE-111 and DE-121 are correct forms. Additionally you must file objections to appointment of...
Archived
Family Never Put Property Through Probate
James's answer
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Answered on September 17, 2014
Agree with colleagues. Los Angeles County Recorder/Registrar will have copy of deed if it was recorded. Digging may be required if deed not...
Archived
Can a collection agency continue their efforts to collect a debt that has been disputed w no resolution or judgment on it?
James's answer
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Answered on September 16, 2014
Agree with colleagues. Appears that debt validation requirement has been complied with. Creditor can resume collection activities. Resolution is...
Archived
If both spouses file for bankruptcy protection but only 1 reaffirms, can creditor do a wage garnishment after discharge?
James's answer
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Answered on September 16, 2014
Agree with colleagues. Non-reaffirming spouse discharged from personal liability. Reaffirming spouse is personally liable. His wages can be...
Archived
My company and I are being sued for not paying back a note. The company is responsible for the note. How do I protect myself?
James's answer
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Answered on September 16, 2014
Agree with colleagues.
May/not be in your interest to file answer before default deadline. Consultation with BK counsel will determine best...