Archived
Can you articulate the significance of declarative judgement and how it would benefit a plaintiff in a case that is applicable
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Answered on January 23, 2011
One way declarative relief actions can used is in trademark or other intellectual property infringment matters. If person "A" sends out a cease...
Archived
Should the trustee's name or trust's name be written on the Preliminary Change of Ownership Report form?
G.'s answer
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Answered on January 12, 2011
As I said, titled in the name of the trustee, in their capacity as trustee. This necessarily means you will include the name of the Trust to...
Archived
I was a co-trustee, along with my father for my Mother's Trust (1996) Dad, now 93 & lives with me, bankrupted Trust. Now what?
G.'s answer
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Answered on January 10, 2011
On the assumed facts that your father misappropriated the trust monies and used them for an improper purpose, then he could be liable for breach of...
Archived
If your parent has a trust and has to go into a nursing home and the beneficiary of the trust is his daughter and his home is in
G.'s answer
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Answered on January 10, 2011
Very generally speaking, if it is a revocable living trust the assets are subject to the debts of the trustor. The trustor can take money out of...
Archived
Should the trustee's name or trust's name be written on the Preliminary Change of Ownership Report form?
G.'s answer
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Answered on January 08, 2011
The trustee holds legal title to property in trust for the beneficiaries of the trust. So trust property needs to be titled in the name of the...
Archived
If a US trademark is based on a foreign UK registration, is the date of registration seen as the original UK registration date?
G.'s answer
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Answered on January 07, 2011
Another factor to consider is that basic common law trademark rights accrue upon acutal use in commerce, regardless of a trademark registration...
Archived
How do I avoid testifying in a child coustidy case. I am a neighbor and dont want to get in volved
G.'s answer
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Answered on January 07, 2011
A subpoena legally requires you to appear and testify and you can be subject to court sanctions if you do not appear without a good excuse. Not...
Archived
Average time between the deposition and the actul trial?
G.'s answer
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Answered on January 06, 2011
Generally speaking the time is Indefinite. In California discovery must generally be completed 30 days before trial, and there is a brief hold on...
My mother-in-law has Dementia. Her new husband is trying to force her to change the trust where my husband is the executor
G.'s answer
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Answered on January 06, 2011
You are describing an undue influence matter. You could seek to establish a conservatorship for her protection if she cannot care for herself...
Archived
I have a signed and witnessed original Change of Beneficiary Form but the insurance company says they have no record of the
G.'s answer
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Answered on January 06, 2011
It depends on what the Will says, and whether there is some copy of the beneficairy designation change form, and whether there is evidence of the...
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