Questions answered by Gregory Paul Benton

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I have a pending lawsuit against car manufacture for vehicle purchased during marriage, will ex be entitled to compensation?

Gregory's answer | Answered on April 13, 2015

If the car was purchased during the marriage, then your claims under any "lemon law" provisions are also CP claims and the refinance option won'...

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I refuse to replace my tiles to carpet. Condo is pending probate. Will I get in trouble with probate court if I make this change

Gregory's answer | Answered on April 13, 2015

HOA requirements are separate from probate proceedings. As far as improving the condo, that won't affect probate and there are no rules that say...

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What type of lawyer should I contact to better understand my rights as a beneficiary of a will?

Gregory's answer | Answered on April 13, 2015

You need a probate attorney with experience in contesting Wills and Trusts.

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Can a person who has a interest in real property file a notice of joinder even if they are n\ot a party on their own?

Gregory's answer | Answered on April 13, 2015

Yes and that third party can and should be joined as to their real property rights.

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Pros & Cons of probate homestead for surviving spouse?

Gregory's answer | Answered on April 13, 2015

Here is your problem. If there are no minor children of this marriage or minor children from your wife's previous marriage, then your chances and...

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Given money by inlaws during marriage now divorced they are asking for repayment plus interest no promissory note?

Gregory's answer | Answered on April 13, 2015

The remedy for payment would have to rooted in contract law and if there was no contract here, then they have no basis for demanding payment,...

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What the legal cap a judge can order me to pay ? Child/spousal support

Gregory's answer | Answered on April 13, 2015

The total amount of support cannot exceed 50% of your net earnings. You might need to seek legal assistance.

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If home you are living in is owned as joint tenants, and one person moves out during dissolution process.

Gregory's answer | Answered on April 13, 2015

Each parties share of the CP asset and any reimbursements/credits that any party assets are NOT dependent upon the other party's income. Income...

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Can my ex-wife take my daughter to live in another country without my consent even if it was not required on the divorce decree?

Gregory's answer | Answered on April 13, 2015

Get an attorney now and get a motion filed prohibiting her from taking the child out of even CA and your county of residence. Request a hearing on...

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How Do I get my trust fund back?

Gregory's answer | Answered on April 13, 2015

You need a probate attorney because there are estate issues related to your parents and your caregivers had fiduciary duties under the probate code...

Gregory Paul Benton's Answers (19797)

I have a pending lawsuit against car manufacture for vehicle purchased during marriage, will ex be entitled to compensation?

I refuse to replace my tiles to carpet. Condo is pending probate. Will I get in trouble with probate court if I make this change

What type of lawyer should I contact to better understand my rights as a beneficiary of a will?

Can a person who has a interest in real property file a notice of joinder even if they are n\ot a party on their own?

Pros & Cons of probate homestead for surviving spouse?

Given money by inlaws during marriage now divorced they are asking for repayment plus interest no promissory note?

What the legal cap a judge can order me to pay ? Child/spousal support

If home you are living in is owned as joint tenants, and one person moves out during dissolution process.

Can my ex-wife take my daughter to live in another country without my consent even if it was not required on the divorce decree?

How Do I get my trust fund back?