Do we both have to sign a listing agreement to sell the marital home after divorced. On the deed but not loan. Can he list?
Ute's answer
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Answered on June 06, 2014
Usually it is possible for just one spouse to sign a listing agreement for the sale of a jointly owned house, but if I were the listing agent, I...
Archived
My father remarried a woman for the past 28-30 yrs. Most assets are in his IRA;- in CA can she get all-or just 1/2 as comm prop?
Ute's answer
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Answered on June 04, 2014
She can get all of the community property if your father provides for that in his will by giving his 1/2 of the community property to his wife. A...
Archived
Does having a criminal background effects you from being am heir of deceased son
Ute's answer
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Answered on June 04, 2014
A criminal background by itself does not affect your ability to inherit from your son. The only time a criminal conviction would exclude you as an...
Archived
Can I write trust will myself without a lawyer.
If yes is it ok for court
Ute's answer
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Answered on June 04, 2014
Yes, you can write your own estate planning document. The problem is that you don't know what you don't know and you therefore won't know if there...
Archived
Looking for Attorney to write document to write a will for apartments owned in another country.
Ute's answer
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Answered on June 04, 2014
A will that involves the disposition of real estate located in another state or country should always be done in collaboration with an attorney...
Archived
If my daughter has POA(durable/springing), would my estate still go to probate?
Ute's answer
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Answered on June 04, 2014
The POA won't prevent probate as the POA is only good while you are alive. While adding your daughter to the deed can have the result of the house...
Archived
Are there any advantage or pitfalls from filing for legal separation in CA?
Ute's answer
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Answered on June 03, 2014
When you file for legal separation, an automatic temporary restraining order (ATRO) goes into effect (the petitioner is bound by it upon filing,...
Archived
Is my ex responsible for student loans taken out for cost of living to support us?
Ute's answer
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Answered on June 02, 2014
Obviously, the attorney who is representing your soon-to-be ex husband will take the position most favorable to her client (i.e., student loan is...
Archived
The neighbors on an adjacent parcel have installed a solar panel on our parcel without our knowledge or permission.
Ute's answer
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Answered on June 02, 2014
Unless your neighbor also paid the property taxes, I don't see this as a potential adverse possession case. I see it as a potential prescriptive...
Archived
Can minor's write declarations in family court?
Ute's answer
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Answered on May 31, 2014
Declarations can be by a minor, but I question the value of their opinion on the subject matter. You should object to the admission of the...
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