June 2007

Monthly Archive

Can I Gain Custody of my Children Before my Divorce?

How do I gain custody of both of my children even though their father and I are not divorced yet?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“How do I gain custody of both of my children even though their father and I are not divorced yet?”

In California the procedure is to file an order to show cause or a noticed motion for custody and visitation. If you do not have an ongoing divorce, legal separation or domestic violence action then you would need to file one of those to get a case started under which to file the request for a custody designation.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

How Should my Father Determine Who will be Named Beneficiary on his Life Insurance Policy?

Summary

My father needs to name a beneficiary on life insurance policy, can he name the executor of his will as the beneficiary and be divided among his six children?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My father needs to name a beneficiary on life insurance policy, can he name the executor of his will as the beneficiary and be divided among his six children?”

How would he word it on the form he needs to mail back? It sounds as if you are asking if the life insurance can be paid into his will, through the executor, and if that is your question, then the answer is “probably not.”

He should, however, be able to name the six children directly on the policy, which will accomplish the same effect.

However to be sure, he should simply ask the company that issued the insurance policy.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.