Questions answered by Christine James

Archived

My Mother remarried and died two years ago, her husband, my stepfather died last week. The home is in my parents name.

Christine's answer | Answered on February 25, 2020

Most of us will tell most people "get an attorney". You really need one and you need it now. The fact that your mom died first is difficult BUT...

Archived

Is it wrong to have someone sign a Quitclaim Deed if they are mentally not capable of making this decision?

Christine's answer | Answered on February 25, 2020

Possibly - if he was deemed to lack "legal capacity" then the transfer can be undone, but that is a high standard. You will need an attorney and a...

Archived

What is your analysis of this situation? And, how should I prepare for the hearing?

Christine's answer | Answered on February 25, 2020

Did you send a Notification by Trustee under Probate Code Section 16061.7? If so you are completely safe, if not, you need an attorney to review...

Archived

I am not receiving ANY of the notices the lawyer is required to send me. Any recourse?

Christine's answer | Answered on February 25, 2020

Yes, get an attorney to fight for your rights. Unfortunately that is all most attorneys respond to. If you want to try to do it on your own, you...

Archived

I believe I lost custody of my older child when I was about 4 yrs old she is now 10 , can I go to court for visitations

Christine's answer | Answered on February 25, 2020

Yes you can go to court and get visitation. Expect it to be a slow, long process. If you have not been in this child's life for 10 years, don't...

Archived

How do I determine the area of expertise needed?

Christine's answer | Answered on February 25, 2020

How were you named as "legal next of kin"? Were you appointed by a court? If not you need to be and the "probate" attorney you spoke to is...

Archived

How to serve court docs to fake lawyer in CA?

Christine's answer | Answered on February 25, 2020

Contact the bar association for them to confirm that person is in fact an attorney. If so, attempt with a process server, personal service. If...

Archived

Can a child omitted from a will seek inheritance?

Christine's answer | Answered on February 25, 2020

If DNA proves the son is a child of the decedent, he would inherit UNLESS that child was adopted by someone else.

Archived

Is starting meet and confer on the day an answer is due, and then claiming an extension of time is needed, good faith behavior?

Christine's answer | Answered on February 25, 2020

It is not bad faith and is common gamesmanship during litigation.

Archived

I’ve already filed my Statement of Issues and Contentions. Can I file an addendum?

Christine's answer | Answered on February 25, 2020

Sure as long as you serve it on the other side. No guarantee the judge will actually read it before the conference though.

Christine James's Answers (20819)

My Mother remarried and died two years ago, her husband, my stepfather died last week. The home is in my parents name.

Is it wrong to have someone sign a Quitclaim Deed if they are mentally not capable of making this decision?

What is your analysis of this situation? And, how should I prepare for the hearing?

I am not receiving ANY of the notices the lawyer is required to send me. Any recourse?

I believe I lost custody of my older child when I was about 4 yrs old she is now 10 , can I go to court for visitations

How do I determine the area of expertise needed?

How to serve court docs to fake lawyer in CA?

Can a child omitted from a will seek inheritance?

Is starting meet and confer on the day an answer is due, and then claiming an extension of time is needed, good faith behavior?

I’ve already filed my Statement of Issues and Contentions. Can I file an addendum?