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Questions Answered by Joshua D. Brysk
1 Answer | Asked in Contracts for California on
Q: Can a mother disinherit her children if she lacks capacity? Also, is a will a type of contract?

A father left his will to his wife that states that she will get all of his money. He wished that she would divide their estate among their three kids. She later decided that she wanted to leave the entire estate to her new husband. She has cognitive issues and memory problems, forgetting simple... Read more »

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

If he is deceased and she is still living; his will gave everything to her--it is now hers to do with as she pleases regardless of what he wanted. A will is a special sort of document called a testamentary instrument. It requires capacity, so cognitive issues raise questions about validity.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: 2 brothers own 50% each of home, 1 brother signs quitclaim deed to remove name, does this reassess the property in CA?
Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

There is no exemption for a sibling to sibling transfer, so you might be facing an increase in property taxes. However, the history of the title (e.g. if one brother added the other) and whether there is a joint tenancy (right of survivorship) could affect the analysis. you should consult with a... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: How can I get my neighbor to remove two very large, potentially dangerous, trees?

I am a 91-year-old veteran who has lived in Clairemont since 1962. The property directly behind my house has very large trees located about 20 feet behind my house which have not been trimmed or topped for over 50 years. The limbs from these trees are now about 10 feet from the back of my house.... Read more »

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

There are low-cost and sometimes free mediation services. One in your area is https://www.ncrconline.com/mediation-conflict-resolution/community-services/community-mediation If the trees do pose a hazard, you can also ask the city to come out and inspect, but if they issue a citation against your... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: Can Remax legal department 'demand' that we purchase a home warranty plan for the buyer? Located in LA County.

We are closing on August 12th, selling our property in LA County. Our realtor (Remax agent) informed us last night that the Remax legal department is requiring us to purchase a Home Warranty policy for the buyer as a condition to closing. Are they legally allowed to demand this? We have to pay... Read more »

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

It is not a statutory obligation; it could be a legal obligation if it is part of the contract of sale [doubtful]. While it might not be required, many realtors advise doing this as the relative cost is a good investment to avoid future complaints. It is a bargaining point among the Sellers,... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Internet Law for California on
Q: I'm curious if I have any legal options to reclaim my deleted podcast from Spotify/Anchor or hold them accountable?

The company deleted my show with no explanation and I no longer have access to the platform to recover my content and redirect my show. I'm wondering what can be done here?

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

The first step is to determine the reason for the deletions. There is a factual question to answer. Did they identify a breach of the terms of use? Are they correct? Was it simply an accidental deletion? Is the content recoverable by them, or is it simply lost? Contact their customer service and... Read more »

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Small Claims for California on
Q: Manager retaliatory issue that includes harassment,bullied, rent overcharges upon a mentally challenged tenant & they

They refuse to work out. Would of settled 2mo. No charge but no more. Ive hadit.$500-700$+ rent overcharges manager refuses to make good, belittles me, harassed, maintenance guy violated privacy, theft never sent letters i wrote to owner & seriously MORE issues!!

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

For residential rental issues involving a mentally challenged person: contact Disability Rights Advocates https://dralegal.org/contact-us/ or check with your local bar association for a referral to another non-profit

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2 Answers | Asked in Real Estate Law for California on
Q: I inherited property from my parents. Then put it in a living trust. Both on title. Is it my sole property still?
Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

"I inherited property from my parents. Then put it in a living trust. Both on title. Is it my sole property still?"

If the property went into your name alone when you inherited it, then it was your sole property. Transferring a property into a revocable living trust makes it...
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