Questions answered by Gregory Paul Benton

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What options do i have to get a copy of the will?

Gregory's answer | Answered on March 03, 2014

The will must be probated and all heirs of the estate must get notice of the petition to probate the estate. Get legal assistance from a probate...

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I am 63 going through a divorce, we own a home in Ca. since 1972. She is wants to buy me out of the house and keep prop 13.

Gregory's answer | Answered on March 03, 2014

Her prop 13 issues on her inherited house are totally different. She is making you an offer and I suggest that you talk to a tax specialist on the...

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If you filed for Divorce in 2013, would the courts be using W2 from 2012 to decide child/spousal support?

Gregory's answer | Answered on March 03, 2014

If a person had a lot of fluctuations in their income and the type of work created this, then it is possible that an average is needed, although...

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Can a mediator meet with one party and make decisions based on what that party says without consulting the other party first?

Gregory's answer | Answered on March 03, 2014

I don't know as the court's order would need to be scrutinized. Also don't know exactly what was said by the mediator. Also, is there an order in...

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How do I register a Japanese divorce in the US??

Gregory's answer | Answered on March 03, 2014

If you move back to CA, then you must wait 6 months to establish that CA has jurisdiction over the divorce. If you file in Japan, then file or...

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I filed for abandonment back in 2004. I want to get married what do I do?

Gregory's answer | Answered on March 03, 2014

There is no such thing as filing for "abandonment", you would have had to file for divorce. If the divorce was not finalized, then you can't get...

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If one spouse ask the other to leave the home, what are the legal rights of the other?

Gregory's answer | Answered on March 03, 2014

Leaving a home will not affect any property rights. In your case, there may be an immediate need for payment of spousal support, though. There is...

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Am I eligible to receive an annulment rather than a divorce in California?

Gregory's answer | Answered on March 03, 2014

It is possible based on the few facts stated above, I suggest that you sit down with a family law attorney who can ask more questions to get more...

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Should I consult a lawyer and know my rights, even though my husband says we should go through a mediator?

Gregory's answer | Answered on March 01, 2014

How can you mediate if you don't know what your property, support rights are? A mediator won't tell you as that would be a conflict of interest. ...

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Under the divorce issue, the court system in different counties/cities in CA are different?

Gregory's answer | Answered on March 01, 2014

Why would you be filing in a different county than your residence? That doesnt' make sense. All courts must follow the Family Code, the state...

Gregory Paul Benton's Answers (19798)

What options do i have to get a copy of the will?

I am 63 going through a divorce, we own a home in Ca. since 1972. She is wants to buy me out of the house and keep prop 13.

If you filed for Divorce in 2013, would the courts be using W2 from 2012 to decide child/spousal support?

Can a mediator meet with one party and make decisions based on what that party says without consulting the other party first?

How do I register a Japanese divorce in the US??

I filed for abandonment back in 2004. I want to get married what do I do?

If one spouse ask the other to leave the home, what are the legal rights of the other?

Am I eligible to receive an annulment rather than a divorce in California?

Should I consult a lawyer and know my rights, even though my husband says we should go through a mediator?

Under the divorce issue, the court system in different counties/cities in CA are different?