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Gregory Paul Benton

Gregory Benton’s Answers

10,535 total


  • Brother has 10yr old will giving him 100% new will 3yrs ago giving me half the estate gone missing dont have copy what can I do.

    lost contact with mom for few yrs she thought I was dead made will giving my brother 100% of her estate got back in touch with her 5yrs after original will she made new handwritten will giving me half 3yrs ago she had it in her house brother got t...

    Gregory’s Answer

    Has mom passed away? If so, then file a petition to probate her estate. Talk to a probate attorney for help.

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  • What does it mean to vest or be vested in a real estate transaction?

    There s a letter concerning the transaction that states when I purchased the property the vesting was under my bane, MARY DOE, since then we have transferred ownership to the MARY DOE FAMILY TRUST What is this transaction about and is it legal if ...

    Gregory’s Answer

    It simply means that any rights that you may have had are now real. It means that you have an "interest" in something.

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  • Do I have a legal malpractice case?

    I retained a family law attorney who took my money, screwed up my case and then abandoned me two weeks before court. I was fully cooperating with my defense. These actions were extremely expensive and damaging, as I had to retain another divorce...

    Gregory’s Answer

    I dont' see any facts above that would give you cause for malpractice. What did you do that would cause an attorney to be subbed out of a case?

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  • Do I need to share my phone number and current address with my husband after divorce when there is a child involved?

    My husband is requesting my contact number and current residence address. I have a past history where he would break-in into my residence. I shared my parent's contact details with him who live with me. He is still forcing me to provide his reside...

    Gregory’s Answer

    Unless there is a court order as to NOT doing this, you need to do this as part of the co-parenting details. If he abuses it in the future, then seek a restraining order.

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  • How does the date of separation affect community property governed by Qdros?

    I have been separated from my wife for over 2 years. We both have pensions, ira's and 403b accounts which have to go through the qdro process.

    Gregory’s Answer

    The DOS is important because that is the date used to determine when the CP value of the retirement plan ceases. Any contributions made after that date are the SP of the payor.

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  • Separation Date Question - Two Divorce Cases - Same Family

    Dear Legal Experts, In January 10 2014 - my ex-spouse filed for divorce, took kid and half-money without my knowledge. Took kid out of country with my knowledge, provided she will return at a date, but did not return for 6 months over that date...

    Gregory’s Answer

    If a DOS is at issue, each case is fact specific and you only stated a few facts. Given the recent changes in CA law as to a DOS, one fact would that would need to be looked at would be whether or not the two of you continued to live under the same roof after the alleged dismissal of the first divorce filing. Talk to a family law attorney personally on this to also get firm and sold child custody/visitation order to prevent a repeat of taking the children out of the country without boundaries and enforceable provisions.

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  • Can I annul a marriage in the state of California if 10 months into the marriage spouse revealed mental issues?

    I've been married for 11 months and my husband woke up one day and said he never wanted to be committed and states he married me to try an conceal his mental issues. He is now diagnosed with PTSD and bipolar disorder, which he claims to have conce...

    Gregory’s Answer

    Talk to a family law attorney. It would probably be easier to file for a Summary Dissolution then to pay the expenses of going through an annulment trial/hearing.

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  • How much longer must I wait for final Probate distribution?

    I received a preliminary distribution from my aunt's Estate over 21 months ago. All properties have been sold as of last October. Does anyone have an idea of why we the heirs haven't received the final distribution. I've attempted to contact th...

    Gregory’s Answer

    Write a letter to the attorney demanding a full report and request an accounting with a petition for distribution. Find an attorney to help you.

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  • What are my rights as a military spouse? Am I applicable for an annulment? Can I find a lawyer with low costs or payment plan?

    I was married in November 2015. My husband is an active duty soldier. From the day we married till now, I have suffered verbal & mental abuse. He is narcissistic racist that constantly belittles me. I have extended the idea of counseling or chapla...

    Gregory’s Answer

    If you aren't in the military (just because you are married to a soldier doesn't make you military) I strongly suggest you file in civil court and seek RFO"s if needed, When served on him, his commanding officer will take notice and he will put your husband in line. You do have rights, full rights, as to protections etc and even possible spousal support if indeed he has and is abusive. Talk to an attorney now. Don't give the ring back.

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  • What's the fastest most cost efficient way to file for divorce?

    My wife and I have chosen to divorce. She and I are in agreement as to custody, property division, etc. We would like to end our marriage in the quickest and cheapest way possible. What is the process to do this? Can we just file a joint agreement...

    Gregory’s Answer

    There is no such thing as a fast divorce. You might qualify for a summary judgment but you did not present any facts that would allow me to make a more definitive opinion. Sit down with a family law attorney who is open to getting this done. Any agreement would not become effective until the 6 month time period has passed since the filing of the summons and petition and filing of a proof of service.

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