Gerald Barry Dorfman's answer Without a will or trust, the property goes to your grandfather's "estate", which means it is divided among his lawful heirs. If you are the only heir (for example, no wife, or living children and you are the only grandchild), then it goes to you. In order to have it pass legally, if the entire estate is worth more than $150,000, it will have to go through probate. Probate requires a court proceeding. Any probate attorney can help you with this.
Gerald Barry Dorfman's answer Yes, based on what you have said here, you have a very strong case. Whether your matter belongs in court or arbitration may depend on your contract(s). Start contacting real estate litigators right away.
Gerald Barry Dorfman's answer Assuming it was not an emergency, no, a landlord may not simply enter without notice. 24 hours is presumed reasonable notice, in the absence of evidence otherwise. Read carefully Civil Code section 1954, which deals with entry by landlords, and required notice. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954
Gerald Barry Dorfman's answer If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...
Gerald Barry Dorfman's answer In the usual situation, if you have two years remaining on your lease, you can stay at least two more years. When a new owner takes over, they take the place "subject to" any leases in effect at the time. If you live in an eviction control jurisdiction, you have additional protections. Be sure to review your lease to be sure it does not have a special provision which allows the tenancy to be terminated in case of a sale.
Gerald Barry Dorfman's answer Wills are not recorded. If the person has died, and you are not filing a probate proceeding, you should "lodge" it, within 30 days of learning of the death. If you want to "lodge" it, you do so with the Superior Court, in the county where the person who died last resided.
Gerald Barry Dorfman's answer No. New owners take the property "subject to" any leases that are in effect at the time of acquiring the property. If you have a lease, the terms remain in effect until the lease expires. If you are month to month, 30 days notice is required to change the tenancy terms. This assumes there are not alternate provisions contained in the lease, so check it carefully.
Gerald Barry Dorfman's answer Sorry for your loss. If it is a simple estate administration, you will probably not need an attorney to actively participate. It will probably be worth your while to have a consultation to review the situation. If there is litigation involved, such as a wrongful death suit, then you would want to have an active attorney protecting your interests.
Gerald Barry Dorfman's answer A real estate or probate/trusts attorney with litigation experience is a good fit for your issues. They will need to take a thorough look at the facts and your documentation. You may not be too happy with their analysis, unfortunately.
Gerald Barry Dorfman's answer That depends on what you can prove, and what you would like to accomplish. Certainly, making a false statement under penalty of perjury is a very serious act, and could result in court sanctions, removal of the executor/administrator and even criminal charges. If you are referring to the service of a "Notice of Proposed Action", it is possible it was actually mailed to you, but lost in the mail, unless you have proof to the contrary. If you want to stop the sale, your chances of doing so...
Gerald Barry Dorfman's answer Assuming the property is in California, he can file a court action for "partition". In this type of court proceeding, the court divides the property according to the interests of the owners, sometimes adjusting their shares. Most of the time this is accomplished by a court-ordered sale and division of the sale proceeds. Sometimes just the threat by a lawyer to bring such a case will stimulate settlement discussions.
Gerald Barry Dorfman's answer If there is more to the story, you should consult with an attorney. Based just on what you have said here, it seems you are a month-to-month tenant, entitled to 60 days notice of termination of tenancy.
Gerald Barry Dorfman's answer Sorry for your loss. If your son had no will or trust, no spouse and no children, then his estate should pass to his parents. You do not need a lot of money to start a probate with an attorney, although you may have to speak with a few because of the monkey business with the relatives. You will probably want to be appointed administrator, so you and your attorney can investigate what happened and recover any money or property which belongs to the estate. Although it is understandably...
Gerald Barry Dorfman's answer You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
Gerald Barry Dorfman's answer Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Gerald Barry Dorfman's answer A lot depends on the source of the money used for the purchase, and what other possible heirs there are besides yourself. Even if everything points to you being the sole heir, it would be beneficial to have the entire estate covered by a living trust or a will. Alternatively, there are ways a deed can be set up to make transfer on death simple. If you are going to remain in the home, you will be able to "assume" (take over) the mortgage.
Gerald Barry Dorfman's answer No, that is not all that is needed. Your question indicates that you have filed a probate action (which is the way an administrator of an estate is appointed). Depending on the value of the estate, the potential heirs, and how title to the various forms of property is held, filing a probate action may or may not have been necessary. Assuming it was necessary, you must still administer the estate, and file the necessary paperwork associated with that. That will include notifying creditors,...
Gerald Barry Dorfman's answer You do not need a lawyer in order to report suspected elder abuse. For Alameda County, see the webpage at: https://www.alamedasocialservices.org/public/services/elders_and_disabled_adults/protective_services.cfm or else just call 510-577-3500
Gerald Barry Dorfman's answer Assuming no exceptions apply, such as the defendant driver being drunk at the time, California law does not allow an uninsured driver to collect for "general damages". Those types of damages are generally referred to as "pain and suffering", although there is more to it than that. However, an uninsured driver can still be compensated for economic damages, such as loss of income. Such damages would also include rehabilitation costs and assistive devices and alterations. The full range of...
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