Archived
My ex is driving a car that is in my name only, I want the car back but he wont give the keys w/o me paying him what he paid in.
Robert's answer
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Answered on June 22, 2011
Assuming you are the owner, nobody can prevent you from taking the car wherever you find it. Whether or not he can or would sue you for what he...
Petition titles - How is a petition title determined?
Robert's answer
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Answered on June 22, 2011
Although not necessarily, petitions are usually documents pertaining to the probate court, the functional equivalent of complaints filed in the...
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If a Substitution of Trustee and Full Reconveyance has a different beneficiary than the Deed of Trust what is the effect?
Robert's answer
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Answered on June 22, 2011
If we assume that the beneficial interest in the original deed of trust has been sold or assigned, sometimes frequently, then it would not...
Archived
Without asking my relative, how can I find out how much inheritance was given?
Robert's answer
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Answered on June 22, 2011
If the estate was large enough to have been probated, you check the index at the Superior Court at the location where the decedent last resided,...
Archived
Probate question
Robert's answer
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Answered on June 06, 2011
No, as a practical matter letters will not be read or considered, and if the interested party is not able to personally appear or represent...
Can I sue a neighbor for false complaints against me including slander and defamation of character?
Robert's answer
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Answered on June 01, 2011
The simple answer is that anyone can sue anyone else for some personal wrong, including slander or defamation. Unless you have substantial...
Archived
My husband died and we never got a final decree we have an interlocutory
Robert's answer
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Answered on June 01, 2011
As a general proposition you are the surviving spouse and entitled to all community property, half of his separate property if he is survived by a...
Archived
Clarification of the $100,000 Probate Rule
Robert's answer
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Answered on June 01, 2011
Property in a trust is excluded from calculating the $100,000 small estate provision. See Probate Code Sec. 13050.
Archived
My mother filed a lawsuit for defamation against someone, and personal details about me are in it.
Robert's answer
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Answered on April 17, 2011
With rare exceptions anything which is put into the pleading papers in a pending lawsuit is privileged, meaning protected. While these are public...
Archived
Violation of a No Contact Order -- no violence, but can I sue for Breach of Contract?
Robert's answer
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Answered on April 17, 2011
Interesting question. As a general rule, if there is a written agreement to perform it may be enforced in case of breach. The question is one of...
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