California Questions & Answers by Practice Area
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California Questions & Answers
Q: Father died in FL. 10/ 30/15. His wife (step mom) has the WILL at home, not filed. What can we kids do to see WILL?
Richard Samuel Price's answer
If your father lived in Florida at the time of his passing, then Florida law controls and you will need a Florida attorney to represent you. Please repost your question under Florida.
If your father lived in Florida at the time of his passing, then Florida law controls and you will need a Florida attorney to represent you. Please repost your question under Florida.
Q: Would I have a strong case to sue Walmart?
Mr. Michael O. Stevens' answer
Some harassment is not illegal, but physical abuse would usually be too much. Best to find a local employment law attorney and sit down with them to discuss the facts to learn if you have a case. Most offer free consultations, that way you can see if you have a good case with no cost.
Some harassment is not illegal, but physical abuse would usually be too much. Best to find a local employment law attorney and sit down with them to discuss the facts to learn if you have a case. Most offer free consultations, that way you can see if you have a good case with no cost.
Q: Am I in violation of the law by wiring the profits to my partners?
Zaher Fallahi's answer
Generally, your foreign partners may be subject to the US taxation on their US income, and subject to withholding. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Generally, your foreign partners may be subject to the US taxation on their US income, and subject to withholding. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Q: My employer made a mistake inputting my W4 and now I owe taxes. Am I entirely liable?
Zaher Fallahi's answer
Sorry about the mess up. Generally, you are responsible for the taxes if you filed a W-4 form in the beginning. If you claim one exemption, the box 5 of the W-4 form still may be two, if you filed it properly. Employer wouldn’t know about your other income or deductions. Ask the employer how they entered the W-4 information in their payroll system. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice....
Sorry about the mess up. Generally, you are responsible for the taxes if you filed a W-4 form in the beginning. If you claim one exemption, the box 5 of the W-4 form still may be two, if you filed it properly. Employer wouldn’t know about your other income or deductions. Ask the employer how they entered the W-4 information in their payroll system. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice....
Q: gift from my sister who is non USA resident.
Zaher Fallahi's answer
Generally, US tax pares do not pay tax on the gift they received from anon-resident aliens. If the amount exceeds $100K in a year, then they are required to file “Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts”. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi,...
Generally, US tax pares do not pay tax on the gift they received from anon-resident aliens. If the amount exceeds $100K in a year, then they are required to file “Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts”. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi,...
Q: Are there any cases where the municipal entity was found liable for the misconduct of it's police?
Marshall Jason Ray's answer
Municipalities are not automatically liable for civil rights violations committed by their officers. Municipal entities may be held liable for civil rights violations carried out by their officers if those violations were done pursuant to an official policy or pattern of practice.
Municipalities are not automatically liable for civil rights violations committed by their officers. Municipal entities may be held liable for civil rights violations carried out by their officers if those violations were done pursuant to an official policy or pattern of practice.
Q: Illegal Search and Seizure of fiancee's home after police killed innocent man.
Marshall Jason Ray's answer
I'm sorry to hear about your loss. You should definitely consult with a local attorney, understanding that in civil rights lawsuits, police officers receive a great deal of legal deference when they face individuals brandishing firearms. Whether the subsequent search and seizure were illegal will depend on many facts not apparent from your question. The warrant should be based on probable cause, and their search should have remained within the scope of the warrant. A local attorney will...
I'm sorry to hear about your loss. You should definitely consult with a local attorney, understanding that in civil rights lawsuits, police officers receive a great deal of legal deference when they face individuals brandishing firearms. Whether the subsequent search and seizure were illegal will depend on many facts not apparent from your question. The warrant should be based on probable cause, and their search should have remained within the scope of the warrant. A local attorney will...
Q: do i have a legit reason to dismiss counsel, after 5 months have passed since family member was killed by a truck ,
David A. Wolf's answer
You provided some but not all of the fact surrounding legal representation. You should set up an office meeting with the attorney to find out the work done to date and the work to be expected to be done in the future. It is a good sign that the attorney is conducting a mock trial. Good luck with the case. I am sorry for the loss of your family member.
You provided some but not all of the fact surrounding legal representation. You should set up an office meeting with the attorney to find out the work done to date and the work to be expected to be done in the future. It is a good sign that the attorney is conducting a mock trial. Good luck with the case. I am sorry for the loss of your family member.
Q: Who is responsible for medical bills in a hit and run. I am a school crossing guard and got hit?
David A. Wolf's answer
Some medical providers file liens as a matter of course to put the world on notice that there is a balance due to the medical provider. The fact that a lien was filed does not mean that you will owe significant bills once worker's compensation pays. You should contact a local worker's compensation attorney to get advice on this matter. You may also be covered for medical bills under your own automobile insurance policy even though you were injured as essentially a pedestrian. Good luck.
Some medical providers file liens as a matter of course to put the world on notice that there is a balance due to the medical provider. The fact that a lien was filed does not mean that you will owe significant bills once worker's compensation pays. You should contact a local worker's compensation attorney to get advice on this matter. You may also be covered for medical bills under your own automobile insurance policy even though you were injured as essentially a pedestrian. Good luck.
Q: Spouse asks permission to refinance the house, does it mean I have some financial obligations?
1 Answer
| Asked
in
Divorce, Estate Planning and Family Law
for
California
on
Answered on Mar 19, 2016
Answered on Mar 19, 2016
Richard Samuel Price's answer
You most likely signed a quitclaim deed to the property transferring any interest that you had in the property to your wife. However, it is possible that the property was transmuted from separate property to community property giving you an interest in the property, even though it is in your wife's name. This is more of a family law question, than an estate planning question. I suggest seeking out a family law attorney to assist you with your divorce and the issues of this property.
You most likely signed a quitclaim deed to the property transferring any interest that you had in the property to your wife. However, it is possible that the property was transmuted from separate property to community property giving you an interest in the property, even though it is in your wife's name. This is more of a family law question, than an estate planning question. I suggest seeking out a family law attorney to assist you with your divorce and the issues of this property.
Q: Would it be a problem for me to leave US if I don't have a US visa in my passport?
Shan Dimitris Potts' answer
If you not wish to wait for your asylum application you can get voluntary departure to exit the US without any problems. You do not need a visa to leave the US, you only need a visa to enter the US. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not...
If you not wish to wait for your asylum application you can get voluntary departure to exit the US without any problems. You do not need a visa to leave the US, you only need a visa to enter the US. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not...
Q: DUI in Southern California 6 years ago now I just got another DUI in Northern California. Will it show as 2 DUI or 1?
Alexander Andryuschenko's answer
Hello, Unfortunately, it will show as a 2nd DUI because DUIs in California are priorable for 10 years offense date to offense date.
Hello, Unfortunately, it will show as a 2nd DUI because DUIs in California are priorable for 10 years offense date to offense date.
Q: Will i got to jail for driving a moped that doesn't require a licence..on a DUI probation?
Alexander Andryuschenko's answer
Hello. In California, a moped is different then a motorized bicycle does require an M1 or M2 license. Driving a moped without a license is a crime and can be a violation of probation. If however, you are driving a motorized bicycle with an engine of less then 1,000 watts and with speed that can not exceed 20 mph, then you are not driving a vehicle and it will not be a violation of probation unless the court specifically prohibited driving a motorized bicycle.
Hello. In California, a moped is different then a motorized bicycle does require an M1 or M2 license. Driving a moped without a license is a crime and can be a violation of probation. If however, you are driving a motorized bicycle with an engine of less then 1,000 watts and with speed that can not exceed 20 mph, then you are not driving a vehicle and it will not be a violation of probation unless the court specifically prohibited driving a motorized bicycle.
Q: I received a marijuana DUI just over 4 years ago. No alcohol involved. Never paid fine or did classes. Can I get license
Alexander Andryuschenko's answer
Hi. In California a DUI conviction is a DUI conviction, no matter if it is for marijuana or alcohol. However, the suspension would be over by now and you should be able to get a license by walking into a DMV and paying reinstatement fee.
Hi. In California a DUI conviction is a DUI conviction, no matter if it is for marijuana or alcohol. However, the suspension would be over by now and you should be able to get a license by walking into a DMV and paying reinstatement fee.
Q: How does one go about getting paid unemployment benefits while one is appealing a disqualification?
Mr. Michael O. Stevens' answer
As far as I know, there is not a way to do it. That is what the appeals process will sort out. They do not want to pay someone who if then is not qualified, as there is almost no chance they will get the money back.
As far as I know, there is not a way to do it. That is what the appeals process will sort out. They do not want to pay someone who if then is not qualified, as there is almost no chance they will get the money back.
Q: My husband and I bought a house in 1977. We had been married in 1961and the house was bought with community property
Richard Samuel Price's answer
You will want to record an Affidavit - Death of Joint Tenant to remove your late husband's name from the title of the property. Be sure to apply for the spousal exclusion with your preliminary change of ownership report. You don't want the property reassessed (revalued) for property tax purposes because then your property tax bill will go up. If you need some help, any real estate attorney can help you with the forms.
You will want to record an Affidavit - Death of Joint Tenant to remove your late husband's name from the title of the property. Be sure to apply for the spousal exclusion with your preliminary change of ownership report. You don't want the property reassessed (revalued) for property tax purposes because then your property tax bill will go up. If you need some help, any real estate attorney can help you with the forms.
Q: time frame for a settlement after the first portion has been settled
Mr. Michael O. Stevens' answer
Completely unknown. Even if both parties have all of the information does not mean they can agree on an amount. Not to mention, your settlement with the at fault driver would have been with a different adjuster (perhaps at the same company as your insurance carrier). These UIM claims tend to take some time, and if your attorney is forced to demand arbitration, it can take more than a year after that to wrap up. Lastly, you have an attorney who can answer these questions, ask them as they may...
Completely unknown. Even if both parties have all of the information does not mean they can agree on an amount. Not to mention, your settlement with the at fault driver would have been with a different adjuster (perhaps at the same company as your insurance carrier). These UIM claims tend to take some time, and if your attorney is forced to demand arbitration, it can take more than a year after that to wrap up. Lastly, you have an attorney who can answer these questions, ask them as they may...
Q: Our parents died left the house to all 9 siblings. One of which is dead we want to give our dead siblings share to their
Richard Samuel Price's answer
Yes, unless the home was held in a trust, then the house must go through some type of probate proceeding, but there are different options depending on what type of property that your parents left and their value.
Yes, unless the home was held in a trust, then the house must go through some type of probate proceeding, but there are different options depending on what type of property that your parents left and their value.
Q: Is a demand letter written by an attorney on behalf of their client considered the same as if the client had written
N. Munro Merrick's answer
My question to you is, Did you demand in writing that the certificate of ownership be delivered to you? Since you have researched some law on this subject, take a gander at CA Veh Code Section 5753(b). If the dealer submitted the "appropriate documents and fees to the department for transfer of registration", he satisfies the code requirements unless you sent him a demand in writing for the documents. Your attorney (and yes, he stands in your shoes) wrote a letter demanding payment, but does...
My question to you is, Did you demand in writing that the certificate of ownership be delivered to you? Since you have researched some law on this subject, take a gander at CA Veh Code Section 5753(b). If the dealer submitted the "appropriate documents and fees to the department for transfer of registration", he satisfies the code requirements unless you sent him a demand in writing for the documents. Your attorney (and yes, he stands in your shoes) wrote a letter demanding payment, but does...
Q: My uncle is the estate adminstrtor for my grandma's house that is probatea but he is not talking to us.
Richard Samuel Price's answer
Yes, if the administrator is not performing his fiduciary duties, you can petition the probate court to remove the administrator and appoint a new administrator.
Yes, if the administrator is not performing his fiduciary duties, you can petition the probate court to remove the administrator and appoint a new administrator.
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