Questions answered by Gregory Paul Benton

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How do I find out where and how to go to probate court over assets my father had? There was no will, & can't afford an attorney

Gregory's answer | Answered on October 10, 2013

Was your father married at time of his death? If the estate has less than $!50,000 in value then you can file an affidavit under Probate Code...

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Separate assets in divorce if I have to pay for her lawyer

Gregory's answer | Answered on October 10, 2013

I believe that cash gifts are different than loans. If you transfer money that was a gift back to your parents to avoid it being declared, it...

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Fee waiver, filing fees for divorce, as a full time student living off of student loan?

Gregory's answer | Answered on October 10, 2013

It is income but go ahead and attach an explanation to the fee waiver form. Don't forget to also file the Order form also.

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Proper service for petition for divorce in CA?

Gregory's answer | Answered on October 10, 2013

The process server isnt' doing their job. A good and competent process server would know when he is at home and then would accomplish it while he...

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How do I collect a 5 year old judgement without hiring an atty for the 4th time?

Gregory's answer | Answered on October 10, 2013

File your own Writ or contempt of court proceeding.

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My mother died a year ago. My brother is executor. I found out recently that he has done nothing about her estate.

Gregory's answer | Answered on October 10, 2013

File your own petition and ask the court to order that your brother file an accounting and ask the court for an order to remove him. Or, call him...

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After the settlement agreement, what is next on the journey to end this divorce?

Gregory's answer | Answered on October 10, 2013

You need to submit a judgment package to the court for signature by a judge. The judgment packaged will consist of an FL-180 and all necessary...

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Can my spouse and I enter into an agreement the court will accept that my petition for divorce can be my answer. She filed first

Gregory's answer | Answered on October 10, 2013

You do not need to pay another $4365 filing fee. Yes the two of you can agree that your petition will be deemed as the response. If she refuses,...

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In a trial separation, in CA, does the man "have" to be the one to move? As sole provider, I'd like to have her consider leav'g

Gregory's answer | Answered on October 10, 2013

There is no rule that requires the man to move out but the court will consider all circumstances if one party requests a move out order. Also you...

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My wife will not give me the name and number of the lawyer she talked to about our divorce, do I have options?

Gregory's answer | Answered on October 09, 2013

If no divorce matter has been filed, then you really don't need to do anything. If she has a lawyer, then yes you msut be given that information...

Gregory Paul Benton's Answers (19798)

How do I find out where and how to go to probate court over assets my father had? There was no will, & can't afford an attorney

Separate assets in divorce if I have to pay for her lawyer

Fee waiver, filing fees for divorce, as a full time student living off of student loan?

Proper service for petition for divorce in CA?

How do I collect a 5 year old judgement without hiring an atty for the 4th time?

My mother died a year ago. My brother is executor. I found out recently that he has done nothing about her estate.

After the settlement agreement, what is next on the journey to end this divorce?

Can my spouse and I enter into an agreement the court will accept that my petition for divorce can be my answer. She filed first

In a trial separation, in CA, does the man "have" to be the one to move? As sole provider, I'd like to have her consider leav'g

My wife will not give me the name and number of the lawyer she talked to about our divorce, do I have options?