Archived
Can i add my common law wife of 13 yrs to my medical benefits plan.
Bryan's answer
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Answered on July 06, 2016
You should speak with your plan administrator, but the answer is probably not. There is no such thing as common law marriage in California. You...
Archived
Attorney Fee Question--Specific to California Mandatory Fee Schedule for Probate---which I understand supersedes contracts.
Bryan's answer
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Answered on July 06, 2016
The statutory fee schedule for probate cases applies only to ordinary services in the administration of an estate. Petitions and actions involving...
Archived
Can the Petitioner/Plainant in a legal case file the proof of service with the court, or does it need to be filed by 2nd party?
Bryan's answer
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Answered on July 06, 2016
There is no restriction on who files the documents. It's not the same as serving them.
Archived
In California, once a case is served by a neutral third party, can subsequent e-filings by done by party in interest?
Bryan's answer
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Answered on July 06, 2016
All pleadings may be filed by the party in interest. How they are served is another matter. If the pleadings are not served electronically by the...
Archived
No guardian named. What does it take to be named my nieces'?
Bryan's answer
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Answered on July 06, 2016
You should consult a probate attorney. To be named guardian of your nieces, you must file a petition for guardianship with the probate court. The...
Archived
Can I transfer a case from small claims to a regular court, if statute of limitations expired?
Bryan's answer
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Answered on July 06, 2016
I don't think you can. Where is your insurance company in any of this?
Archived
Do I have to send the probate court a copy of the will if everything has already been distributed outside of it?
Bryan's answer
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Answered on July 06, 2016
You must lodge the original will with the probate department in the county where your aunt resided. This is separate from opening a probate. If...
Archived
Serve MPA and Declaration with new dates, signatures and proofs of service when I serve an Amended Ntc of Motion?
Bryan's answer
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Answered on July 06, 2016
As I understand your question, the Motion is filed. The Notice of Hearing is a separate document; you file the original after you've mailed the...
Archived
Can the Episcopal Bishop stop me from wearing my religious (garment) habit in his churches?
Bryan's answer
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Answered on July 06, 2016
I don't think you'd get very far with legal action. The First Amendment protects you from government interference with your religious practices or...
Archived
How can I transfer the title of my grandmother's property over to mines?
Bryan's answer
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Answered on July 06, 2016
Slow down. Did your grandmother leave a will? Are you her only surviving heir? Are you sure? How is the property currently titled? Do you have...
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