The mother of my Daughters filed a Ex Parte Notice to me and she has it on Friday June 21!?
Do I have to attend?
Edna's answer
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Answered on June 19, 2024
"Judge will denied her request Correct??????" Yes, the judge will deny an ex parte if it's not an emergency. YES, you absolutely need to be there.
Will I need to fill out form FL-150 if we have no children together and no assets or properties together ?
Edna's answer
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Answered on June 19, 2024
In theory, no you do not need to include that when it is not relevant to any part of your divorce process. However, in Practice, I have found that...
In California, if a person is named in a trust, but not the will can they still get an inheritance?
Edna's answer
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Answered on June 18, 2024
Under California law gifts from a person who is being cared for by someone else are presumed to have been the result of undue influence. I have...
Will an heir that is acting as Pro Per be able to get surcharges for having administrator removed ?
Edna's answer
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Answered on June 18, 2024
As far as I am aware, surcharge does not include attorneys fees and if it doesn't include attorneys fees it would certainly not include payment for...
What kind of lawyer do I need ?
Edna's answer
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Answered on June 18, 2024
You need a probate litigation attorney. Some probate attorneys do administration, some do litigation.
Is QDRO required for default judgment?
Edna's answer
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Answered on June 18, 2024
The question you have asked cannot be answered simply or on this website with such minimal information. You must propose a fair division of the...
Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.
Edna's answer
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Answered on June 18, 2024
Unfortunately this is a trick that is too frequently tried by counsel who filled their side was not given everything they wanted. You are eligible...
If my wife and I are both on the deed of our home and our mortgage loan are we 50% holder of the property with equal power.
Edna's answer
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Answered on June 18, 2024
I must respectfully disagree with my colleague. This is a statement of te=he current law of transmutation in California--I created it to use in...
Is a path available to petition for a "hardship" court ordered permission to sell real property avoiding the 120 term title req?
Edna's answer
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Answered on June 17, 2024
The 120 day requirement is statutory. It's going several months to get a herIning. Hire probate counsel.
Can wife force us to lose everything in a bad divorce?
Edna's answer
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Answered on June 17, 2024
She can't "make you lose everything." My colleague is correct that the house may have a community interest--but wife has the burden of proof if she...
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