I'm the plaintiff. The law firm for the defendants are jerking me around with BS objections and responses to discovery. I'm looking for a lawyer who can assist me on a Limited Scope basis to prepare high quality motions to compel discovery which are dead bang winners.
All real litigators know there is no such thing as a "dead bang winner" discovery motion. Generally, judges do not like these types of motions. The key to effective discovery is precise and clear drafting of the discovery, clear necessity for the particular discovery, and well-documented...Read more »
For example, In the case of a simplified probate where the decedent only had their share of the house that they shared with two other people (including the adult child) and that share were to be passed down to the adult child via Will. Since the adult child is entitled to receive that remaining... Read more »
An administrator or executor can waive their fees. If they do so, the estate doesn't have to pay them. The fees for court filing, publication, appraisal, etc. will still have to come from the estate. So will any attorney fees. So, if you are the sole beneficiary and are appointed executor,...Read more »
My dog went missing 7 months ago and I've been looking for him ever since. Recently I received an anonymous note left in my mailbox which claimed that my dog was living in a house at a particular address in a city 80 miles away. I drove to the house with my mom and when I rang the doorbell, My... Read more »
You can try hiring a private investigator. Although not cheap, that could provide enough for the cops to act or for you to successfully sue this person. You could really use some video of them with your dog, where you are able to identify it as your dog.
My wife and I went to buy a used car from a major used car dealership in southern California. We told the salesman we wanted to buy the car. We asked if we could have the car (2014 Subaru Outback) inspected by a local Subaru dealer before making the purchase. They said yes. We asked if we should... Read more »
A verbal sales contract for a car is theoretically enforceable. However, the actual understandings of the party are key. So, the precise words used are going to matter. From just what you have said here, it is not possible to conclude that there was a "meeting of the minds" to form a...Read more »
We were suppose get out house today but the builder called and said it moved till Monday. This is created lot of unnecessary chain of events. Like we had to move the delivery dates, take additional day of etc. beside that we the home has an attached rental unit and they are suppose to move in... Read more »
Very unlikely that it is worth pursuing, because the general standard applied to construction contracts is "substantial performance". However, take a look at your contract. If it says "time is of the essence", or provides for damages for delay, or makes a very specific...Read more »
My grandmother had a will but couldn't sign it due to her illness in 2004 (she passed away the same year), despite that, things in the will were still distributed to those intended by my grandmother. It was intended for my grandmother's house to be left to me and my sister,specific... Read more »
Your question is much too complicated and fact-specific to be answered in an online forum such as this. Generally, an unsigned will is not a valid will. Agreements regarding real estate must be in writing. Title to real estate must pass according to the established rules, or else court action is...Read more »
I’m renting on a month to month lease. Though my landlord assured me he was not selling he has now changed his tune. I maintain that he needs to give me written notice 60 days in advance before asking me to make the place available for showing. What are my rights?
Your location shows as Portland, OR, but your question is posted in the California law section. If you are in California, your rights to notice and entry by the landlord and agents to show the place for sale are found in Civil Code section 1954. Under that section, there is no 60 advance notice...Read more »
My former landlord is being totally unreasonable and insist I have to pay for a bill ($500 for damages/ $300 for cleaning). There was no damage and the apartment was left clean. I informed him about the 21 days law and had missed the deadline to bill and he simply replied that none of the usual... Read more »
Not sure what you mean by "none of the laws", but the landlord is correct that the 21 days only applies to deductions or returns of security deposits. If you had no security deposit, the landlord is not required to claim damages from you within 21 days.
My father left no will. One home was in a trust from my grandparents. His re married wife sold that home and got all the money. The two other homes are listed in my dads name and separate property. Do I need to hire an attorney to make sure I get my fair share in his estate? What do I need to do to... Read more »
Yes, hire a probate attorney. You need to file a probate action in order to get your share of the estate. The administrator and attorney both get paid a percentage of the value of the estate, at the end of the process. If you are the sole heir you can save some money by being the administrator...Read more »
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 »
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