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
answered on Jan 10, 2021
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.
answered on Jan 5, 2021
Yes. It begins with expert opinions that the "standard of care" was violated, and that that violation legally "caused" the death.
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 »
answered on Jan 2, 2021
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.
answered on Dec 27, 2020
You can report your observations and suspicions to Adult Protective Services in the counties in which your grandma and dad reside. They will conduct an investigation.
Because he listed so many beneficiaries I am running into a problem finding someone who will take it. What happens then?
answered on Dec 23, 2020
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 »
My van had 5 road bikes in it when it was smashed by a drunk driver. The driver's insurance company isn't paying for damage to the bikes.
answered on Dec 22, 2020
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 »
answered on Dec 8, 2020
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.
answered on Dec 1, 2020
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 »
answered on Oct 22, 2020
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 »
answered on Oct 21, 2020
Yes, although the IRS lien will have priority, you can record an abstract of judgement in order to create a lien on a debtor's real property.
We are a franchise restaurant located in Ladera Ranch Orange County California.
One customer came to our restaurant without the mask, so we asked him to cover his face.
He refused it due to medical condition. we never forced him to wear it, but asked him to place the order online.... Read more »
answered on Oct 13, 2020
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 4th person is going through dementia & her caregiver is trying to make decisions for her & will not allow us to speak with her.
answered on Sep 24, 2020
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 »
answered on Sep 24, 2020
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 »
Is that legal for him to unlock the doors and allow the cops in?
answered on Sep 18, 2020
That is not legal in the State of California. See, for example, Civil Code section 1954.
answered on Sep 18, 2020
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 »
answered on Sep 17, 2020
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 »
answered on Sep 15, 2020
No, the COVID-19 related legal changes do not allow cancellation of a lease under the circumstances you describe.
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 »
My friend & I were in a boat fire and suffered 3&4 the degree burns over large amounts of our bodies. We were hospitalized for over a month while intubated coma. How do I file a claim for damages?
answered on Sep 1, 2020
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 »
I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year. I have 60 days to owner occupy. How can I legally occupy the home within 60 days when the tenants have contracts in place?
answered on Aug 26, 2020
Read the leases; there is a small chance they may contain an early termination clause in the case of a sale of the property. If not, you can attempt to negotiate a buyout.
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