I filed a restraining order, and temporary custody for my son, both got approved, police handed over my son last week and today i received an ex parte, i do not have a lawyer and want to know what i need to prepare on such short notice.
It depends on what the opposing side is requesting. You should try to find counsel asap to prepare but if you can't you should do your best to read the pleading and prepare an argument in opposition. You should definitely plan to attend the hearing, of course (whether with or without counsel).See question
My husband that i am currently in process if divorce but still legally married continues to bring our children to his family members house that has threatened my personal life and are verbally abusive people, narcissistic , bipolar and toxic peopl...
The short answer is that yes, it is possible to request that the court restrict the children from being around dangerous or abusive people but based only on what you're saying in this post, it sounds like these people (the family of your children's father) are displeased with you. Do you have any evidence that they're harming your children or threatening to do so? If you're not currently represented by counsel, you should speak to a lawyer as soon as you can about this. If you are represented, you should speak to your counsel.See question
Are the Schedule J expenses the same as the IRS allowable living expense national standards?
No. Schedule J is where you list your real ongoing monthly expenses. Don't forget to include the monthly amount for expenses you pay quarterly or annually, as well.See question
I am currently in the process of filing for Ch 7 bankruptcy; a family member would like to gift a car and motorcycle to me but I am unsure what the courts will do with these items.
All good answers. Contact a bankruptcy attorney in your area. The fact that you're receiving these items as gifts is not relevant. What really matters is if you can protect them with exemptions. A bankruptcy attorney will be able to help you determine which exemptions you may use and then whether these items will be safe from your bankruptcy trustee.See question
I own one half of a house given to me before my mother died in 2012 can I sell a quarter share to a relative
Hello. Yes, you can sell a portion of your property to whomever you wish but depends on how title is held. Do you own as joint tenants? Tenants in common? This will determine how you transfer a portion of your interest. You should speak to an attorney.See question
When my Great-Grandfather passed away, he left my Grandmother money in a trust which dictated any funds remaining upon her demise would be evenly split between her children. My Grandmother recently passed away after living many years in an assiste...
Hello. First, I'm sorry for your loss. From what you have described, it doesn't seem as though a probate will be necessary at all as your grandmother had no assets of her own that would require a probate administration. The trustee of your great-grandfather's trust will follow the trust's directions and distribute the property to your grandmother's children. It would be best to consult with a probate/trust attorney to make sure no errors are made, though.See question
My dad is unable to take care of himself, but is uncooperative. I need to take over as trustee of his trust (I am named as POA/executor/trustee for his will and trust). I'm afraid as soon as I start the process, he will go to a lawyer and change a...
This is a very touchy situation. You're probably right that if you try to help, dad will fight back and may even retaliate. You need to speak to a probate lawyer. If dad is really unable to care for himself, you may need to start a conservatorship. Many elderly parents, though, are somewhere between competence and incompetence. That is, they're lucid enough to appear competent yet clearly unable to handle their own affairs as they would when they were of sounder mind. A gentle hand here usually works best.See question
After my husband passed away in 2009 I had many issues with the home we lived in. To make a long story short, the house was sold in a short sale. The little bit of money that I received from a life insurance I "gifted" to my sister and she used ...
Hello. I think one would need to know more about what funds were transferred to whom and about the nature of the real estate purchase before one can begin to advise you on this. Your "gift" of the life insurance proceeds to your sister (for purposes of helping you secure a suitable home) may need to be examined further. I would advise you to consult with a local attorney. Many of us are willing to meet with you for an initial free consultation to get a better understanding of your circumstances and what you're trying to accomplish and will then advise you if action needs to be taken.See question
My mother died in June of 2013 and my brother was named executer of the family trust. So far, he has only provided my brother and me one annual reporting of the assets remaining in the trust, which, in my opinion, was minimal at best, and that wa...
Hello Carlsbad neighbor. If the assets you're asking about were assets of the trust then your brother (the successor trustee of the trust) has very clear and significant obligations regarding the disclosure of how the trust assets were handled. If he was listed as a "joint tenant" on those accounts then those assets passed to him by operation of law on her death. I would recommend that you make an appointment with an attorney to get a clearer picture of what your brother was supposed to have done. If he has mishandled assets, you may need to take legal action. Most attorneys will offer a free consultation.See question
I had someone call several times and leave messages from some sort of Pre Trial Processing from the state of CA. I called the guy today and they say they represent a Titan Group LLC and were trying to collect for a payday loan i supposedly default...
It certainly sounds that way to me. Have them send you evidence of the debt. They will need to file a lawsuit and serve you with that suit, and win (either in trial or by your failure to reply) in order for you to "be on the hook" for the debt. You may also be able to sue (or countersue) the debt collector for its violation of the Fair Debt Collection Practices Act. I'd contact an attorney to make an appointment for a free consultation.See question