Sorry, I'm sure this is not an original question, but here it is.
My name is listed as one of two on the deed of a property. There are no banks nor outside liens against the property. Party Two physically lives on the property, while Party One (me) would like to live there. However,... Read more »
You can file a court action for "partition". The court will order the sale of the property (assuming physical division is not appropriate). Often, once such an action is filed (sometimes just after getting an attorney letter that filing is imminent) parties will work out a settlement...Read more »
Deed just lists each name with percentage equally held. One passed away and we are attempting to refinance. Days away from closing title co now says we must go through probate. Attempting to determine what our deed wording means
You are going to have to pay a lawyer to actually read the language of the deed, but from what you have posted, it is likely that probate will be required. Nothing you posted indicates the property was held in joint tenancy with the deceased.
My mother recently passed away. I have a will and a power of attorney signed by my mother. I am her sole survivor. The bank will not allow me to access her bank account saying that I need to go to the county and get a small estate affidavit and/or appointment papers as the... Read more »
Sorry for your loss. A power of attorney expires when the person who gave it dies. So, you can not use the power of attorney to access the bank account. You can use a small estate affidavit if the estate is small enough, but it is not something the County will provide for you. Otherwise, you...Read more »
I'm a abused beneficiary my siblings won't show me my dad and grandma accounting I believe they're are stealing from my dad and grandma they change their mailing address to a p.o box I've believe my grandma and dad been abused physically and mentally.
Sorry for your loss. If you are in possession of the will, you need to "lodge" it with the court in the county in which your boyfriend last resided. If the estate is large enough, it should not be a problem finding a probate attorney, even with a large number of beneficiaries. If you...Read more »
A driver's insurance should cover all the damage done by the collision, up to the policy limit amount. The company's refusal to pay may be related to a policy limit problem or a question of your proof of loss. You may need to sue, obtain a judgement, and then collect the proceeds.
I signed a rental agreement in September of 2020 and I noticed a clause that said the property management company will perform non-specific inspections, pretty much to check on the property and the tenants. We haven't been here 90 days and they are already trying to do said inspection. Do they... Read more »
Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You...Read more »
Daughter is executor. I don't have a lawyer. Daughter has asked me 4 times to put the deed in her name so she can buy property in Tennessee. Transfer of deed daughter states has to go into her name then to me the beneficiary and not directly to me.
This does not sound right. If the estate is in probate, and your daughter has been appointed executor, then the court process will have to be followed, and the property will pass according to the will. If the property is in trust, and your daughter is the successor trustee, the transfer should...Read more »
the neighborhood that I live in has been having ongoing issues with an auto service station. Neighbors have contacted the Code Enforcement unit because of various activities that we believe should not be allowed at that property, including:
painting vehicles outdoors and releasing chemical... Read more »
Even though it may not be a code enforcement issue, it may still constitute a "nuisance". Private parties, with very limited exceptions, can not bring a legal action for a "public" nuisance, but they may bring an action for a private nuisance. If you can't get the City...Read more »
With very limited exceptions, anyone can file a lawsuit. However, you will win based on the facts you stated here. If he really does file suit, depending on the court and his legal theory, you may even be able to recover any attorney fees you are required to spend. Since you no doubt have...Read more »
The standard way to force a co-owner to sell real estate is through a "partition action". That is a lawsuit where the court orders the division or sale of property. It takes time and can be expensive. In your situation, it might make more sense to see about instituting a...Read more »
A year ago I prevailed in a breach of contract case brought against me. Now the plaintiffs from that case are attempting to sue me for "wrongful use of civil procedures" from the breach of contract case. The plaintiff complains about the manner in which my attorney's defended me in... Read more »
No one can answer your question with any degree of certainty without a thorough analysis of all the facts. However, it sounds like a very good possibility that you may prevail in the current case by promptly bringing an anti-SLAPP motion. If so, you would be entitled to recovery your attorney...Read more »
If the deed names you as the person to whom the property is transferred upon death, or if you are listed as a joint tenant, then no, probate will not be required. You do have to take care of the correct paperwork.
We are a couple, both over 55, who own our own company. We have credit over 800 (each of us) , joint income over 100k, and savings that would cover rent for several years. We tried to rent in a 55 + community to see if we like it before we buy there. One unit was $2200 and the other $2400. Both... Read more »
Unfortunately for you, the general rule is that a landlord is not required to rent to anyone they do not want to rent to. Very notable exceptions include discrimination against members of protected categories, but self employed is not one of those categories. The good news is, despite these...Read more »
I live in a residential apartment complex in Los Angeles. I've never had a late payment, despite COVID. Although, due to COVID all the amenities in this complex have been shut down (I believe my rent includes the cost of these amenities). Also, the general safety-level of the overall... Read more »
Grant Deed cites "Mr X and Ms. Y and Mr Z and Mrs Z, husband and wife as community property with right of survivorship." Mr & Mrs Z manage 2 rental units; separately Mr X and Ms Y serve eviction for owner move-in on the 3rd unit. Wouldn't the eviction need to be served by Mr... Read more »
It almost never makes sense for an injured person in California to handle their own personal injury claim. The more serious the claim, the less sense it makes. Insurance companies can and do take advantage of unrepresented people, and injured people who have lawyers tend to get much more...Read more »
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