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Martha Bronson

  • California
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Jurisdictions Admitted to Practice
California
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Education
Empire Coll School of Law
Law Degree
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Professional Associations
California State Bar  # 133396
Member
- Current
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Legal Answers
34 Questions Answered

Q. My father has a living trust leaving the property to me. His wife says he promised her the house, can she get the house?
A: Most Living trusts are revocable - that means they can be changed during the life time of your dad- trustor (person who set up the trust.) What he wrote in his trust today could be changed tomorrow. As such, the answer to your question is yes, she could get the house. Further, she could potentially have an interest in the house with attendant rights, even if she is not named as the beneficiary of that property. If he has been married for a long time and your dad has used his earning and accumulations during marriage to pay the mortgage on the house, then there is likely a proportionate community property interest in the house, one half of which wife is entitled.
Q. Do I accept getting served for child support, even though my kids have lived with me for the past 3 years?
A: Accepting service is not like you are accepting liability for support. Accepting service is only receiving the papers and nothing more. You should contact an experienced family law attorney who can guide you through filing the proper response in a timely manner and assist in addressing the court.
Q. My boyfriend took my daughter Home for a vacation and now he refuses to bring her back there’s no custody agreement
A: Retain an experienced family law attorney who can seek to obtain a temporary order of custody pending a hearing to determine custody. You do not provide enough facts to assess the likelihood that you will prevail, but generally speaking if the child is baby and attached to you as the primary caregiver you have a chance the court will grant the temporary order, particularly if the father does not have a history of visiting and caring for the child. Best of Luck.
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Annotations
Garrett v. Coast & Southern Fed. Sav. & Loan Assn.
Supreme Court of California
Coursey v. Superior Court (Coursey) (1987)
California Courts of Appeal
Pierce v. Lyman (1991)
California Courts of Appeal
Smith v. Smith
California Courts of Appeal
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Contact & Map
672 West 11th Street
Tracy, CA 95376
Telephone: (209) 830-0400
Fax: (209) 832-5000
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