My father passed July 18 22 . I learned a couple months prior, that my controlling mother separated 40yrs made him change everything from my name to hers by telling him he would not have health coverage if she divorced him and he owed her. He told me this and she also told me it was not my business... View More 
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answered on Jan 19, 2023
You would have to first prove that his transfer to her was not voluntary (under undue influence, lack of capacity, or fraud) and it took place within the statute of limitations. The claim (if any) belongs to your father's estate and would have to be filed through probate court. Talk to your... View More
the road is becoming a hazard and emergency services can not access our properties
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answered on Jan 19, 2023
A review of more records will determine who is responsible for maintenance and for water diversion. Neighbors or landowners connected by agreements or easements may have a right to enforcement. Consult an attorney to send a demand and follow with suit including restraining order and injunction.
My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
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answered on Jan 19, 2023
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... View More
They bring strangers to the house and make a lot of noise.
They left a gate open which let one tenant;s service dog into their room and the dog ingested "magic" mushrooms which killed the dog.
They are saying that they are allowed 60 days before they leave. This person is... View More
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answered on Jan 19, 2023
If the person is a danger to themselves or others, call the police and ask for a 5150 assessment. A restraining order cannot be used to evict an unrelated co-tenant. 60 days seems to refer to a notice to vacate, but currently evictions in Alameda County are only allowed in very limited... View More
No elections. Yet the management company continues to collect dues and never give owners financial reports. Repairs are either not done or it takes forever. HOA has been suspended by the FTB till now. Management company had been suspended for about 10 years then now becomes active again.... View More
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answered on Jan 19, 2023
Consult an attorney. HOA elections should be held and perhaps you want to run for office. Talk to other HOA members and get a sense of what the majority would like done. The new HOA board can hold the management company accountable, especially if they are acting without any true authority (might... View More
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answered on Jan 19, 2023
We'll start with the deed. With the joint tenancy, when Dad dies, the survivor (Mom) gets the property. However, if Dad received an order or judgment in the divorce which said the property will be solely his, that should be enforced to reform the title [removing Mom]. Now who gets it? It... View More
trust creator specified in trust that if benificiary prdeceases distribution than it passes to his issues
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answered on Jan 19, 2023
If you want a document (like a trust) to be included in evidence, it can be submitted as an exhibit to a declaration. The declaration should be in conjunction with a motion, application, hearing or proceeding of some type. You might want to consult a local attorney for more explanation.
Also can I legally change the family trust to remove them as a beneficiary once legal proceedings have started? Or is that grounds for accusing me of shielding assets improperly? Also so far there are no distributions being given to my beneficiaries.
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answered on Jan 19, 2023
Your beneficiary only has a theoretical right to a future benefit. You have the right to change or remove your beneficiaries (and shares) at any time and regardless of the reasons, including keeping assets from their creditors. Also, a trust attorney could help you modify your trust so that the... View More
Parents creates a DPOA.
Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."
Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.
Sibling... View More
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answered on Jan 19, 2023
If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.
The suspect has a restraining order and convicted with 3 felony charges and I don’t think it was right to be evicted because of someone else careless actions and terrorize my well being .
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answered on Jan 19, 2023
That sounds like an awful situation you were in and I am glad you have made progress to get away from the "suspect." The Landlord may be able to evict you if they had no connection to the suspect and depending on the reason that they evicted you. If it already went to court and you lost,... View More
A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... View More
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answered on Jan 19, 2023
It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... View More
And I'm listed as his emergency contact.
How can they claim anything without facts?
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answered on Jan 19, 2023
I am sorry for your loss. If the space was rented by your boyfriend, they may require proof of authority as a successor (e.g. executor, administrator, trustee) to provide access. It may be that listing you on his contract is ineffective after he passes (like a power of attorney)--to be definite,... View More
Each unit is assigned 1 parking spot. Renters are using their designated parking spot to park their non-operational car and have created a 2nd “parking spot” to park their operating car. That 2nd “spot” blocks the path going in & out of the back gate creating a safety hazard and just... View More
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answered on Jan 19, 2023
The HOA referred to creating or designating a "no parking area." This might be distinct from enforcing the existing rule of "one parking spot." If there is an applicable rule in place, a meeting and a vote is not required. Ask the mgmt company what they mean and why a vote is... View More
Hi,
I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... View More
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answered on Jan 19, 2023
Gerald's answer is correct, but I would add that they might not be making any claims against you. It may be that they are being cautious to give the notice of abandonment to anyone who potentially could claim a leasehold interest in the property (correctly or not). I concur with "set up... View More
No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.
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answered on Jan 19, 2023
Yes, a California lawyer could help. You might also get help from certain organizations or social workers. The form you will need to complete is an Advance Health Care Directive and a statutory one can be found here:... View More
I just want legal advice on how to evict him or make him pay half his share
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answered on Jan 19, 2023
There is no good/easy way to make him pay half. It is the Landlord that has a right to collet rent; you have a right to contribution, but it is not worth pursuing against someone who moved out. If you want to keep the place without your ex, you can talk to your landlord about changing the lease... View More
Recently we've been informed about unexpected emergency assessment of $9K per unit (total 364 units). The decision has been made by BOD without any prior discussions, notifications, etc. When we asked BOD to show any objective evidence (inspections reports) that requires emergency status for... View More
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answered on Jan 19, 2023
The procedures for elections and removal of officers will be governed by your CC&Rs. An attorney can help you understand the procedures and guide you through the process including help with implementation.
Outstanding bill. ? How can I get the water bill into my name
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answered on Jan 19, 2023
Talk to your landlord to get the prior bill paid.
I was told that there is a three day window. Is that true?
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answered on Jan 19, 2023
No. There is no cooling off period for rescinding a commercial lease. The three day rule applies in consumer contexts, for instance with home loans.
This is stuff I acquired throughout a lifetime my my welder was Brad new never been used But I acquire the stuff throughout the years I don't have receipts for it anymore Also he kept my medicine even after I told him that I needed it and it was important can I still get compensated Even... View More
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answered on Jan 19, 2023
If he locked you out, took your property and sold it all without your permission, a crime was likely committed. Talk to the police to file a report.
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