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Questions Answered by Fred Lee Valentine Jr
2 Answers | Asked in Consumer Law for California on
Q: I rented a car w/out showing my license, credit card info, or address. Just online w name,email,phone. Do I have to pay?

The cashier was trying to leave early, I barely caught them despite being in 45min before closing time. They just reached over the counter and handed me the keys.

All I did was reserve the car online with my name email and phone number.

They never verified who I was or took any... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Nov 14, 2019

Yes

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3 Answers | Asked in Personal Injury for California on
Q: He headbutt him in the balls now he's braindead what actions can be taken place against the offender
Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 8, 2017

If this was an intentional or negligent act he could be liable for damages.

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1 Answer | Asked in Contracts for California on
Q: Does the common law Statute of Frauds require a recording agreement to be in writing if "Term" for 60 months?
Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 7, 2017

Great question. The issue isn't the term of the agreement. The issue is whether the agreement can be completed within 12 months. The “Statute of Frauds” requires that certain types of contracts be written and signed by all parties in order to be considered binding and enforceable. Here are some... Read more »

6 Answers | Asked in Personal Injury, Appeals / Appellate Law and Probate for California on
Q: My mother died 2 weeks ago and she won a lawsuit but attorney said she had no pwer of attorney

My mother had 8 children we are all adults and she didnt her will my mother didnt know how to read or write and our father passed away in 2001 but her attorney told us without a power of a attorney nothing can b done he said it stays with them the attorney.what can i do

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You may need to open an estate to have authority to represent your mother in order for the attorney to discuss the settlement with you. If you need an assist give me a call.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as...
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1 Answer | Asked in Estate Planning for California on
Q: My brother took executorship from me and It's been 10 yrs and he has done nothing. R there statue of limitations?

I had 31,000$ given to me by the will that my brother lied to judge and had removed from me and was put in trust 10 yrs ago. We were to fight it out in court to determine if the money in the joint account was mine. In CA I was told there was a statute of limitations of 7 years. Who gets the money.

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

If it is in a trust you may need a legal document to obtain it. If you would like to discuss please send me an email

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation,...
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1 Answer | Asked in Estate Planning and Elder Law for California on
Q: How do I become the legal representative of my deceased mother so I can handle her affairs?

My mother passed away suddenly with no will and no one named as a power of attorney. My brother named himself executor of her estate to handle the funeral and burial details but has now gone back to Idaho and I am left with handling the rest of her affairs. I am finding that I have no legal... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You need to go to court to be appointed the representative for the estate. If you want to discuss, please send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business...
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1 Answer | Asked in Estate Planning for California on
Q: my uncle recently pass a way a little over 2 months a go,earlier on the year he made a trust in which Im the trustee.

he also made a will in which Im the only beneficiary,I just receive a letter from a lawyer who is stating that she is the trustee on a 2002 trust my uncle made and she send me a copy of that trust on which another uncle and his family were the beneficiaries,my uncle had rental properties and she is... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

These are very serious issues. I would advise you obtain legal counsel to review both trusts to decide on a way forward to protect your interests. If you want to talk, please send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not...
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1 Answer | Asked in Estate Planning for California on
Q: My grandpa has 4 kids. If one of his sons dies before him, who should receive the deceased son's portion?
Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Depends on his wishes. Does he have a will or trust? The distribution most likely will be explained. If you want to talk, please send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting...
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1 Answer | Asked in Probate and Estate Planning for California on
Q: How can they? Probate......

I hired a lawyer around the beginning of the year and my sister joined in soon after well evidently my sister didn't sign the papers but she's been in on this with me objecting together as a team along with the lawyer that that I hired okay I got upset with my lawyer not because my sister jumped in... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Did you send attorney a letter to remove them from the case? I would advise these type communications be in writing vs. phone calls. If you need help, pls send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as...
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1 Answer | Asked in Estate Planning for California on
Q: Real estate not wanted. Does the estate have to take it? (California)

Our mother passed away about 7 years ago. The estate was simple, and probate was not deemed necessary. We learned yesterday that the county assessor still has a small, unusable piece of property in her name, with taxes still accruing. Is the estate obligated to take this, as well as the debt? We'd... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Best that you try to transfer property ownership without payment of taxes. If you need help please send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation,...
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1 Answer | Asked in Estate Planning for California on
Q: My grandfather passed in September and left an inheritance for his 3 grandchildren. How long does it take for them to

How long should it take to receive it after filing out the w-9?

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

There aren't enough facts provided to answer the question. I would need to see the "paper". If you want to discuss, please send an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or...
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1 Answer | Asked in Estate Planning and Civil Litigation for California on
Q: court appoint interim trustee bec I'm not there during hearing.on our trust I am the successor trustee how can i get it.

Bec the interim trustee is not giving me my benefits and evicting me in my own house inherited.

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You need to schedule a hearing to be appointed trustee. If you want to discuss, please send me an email.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation, or create...
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1 Answer | Asked in Estate Planning for California on
Q: I am adding my Apex property to my estate trust in California. Do I need to use an attorney to do this or can I do it?

I need to change the owner on the deed to my trust name and would like to take care of the paperwork myself without going through an attorney. Is that possible?

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You may also need to amend the trust. I would advise speaking to an attorney to ensure everything is handled correctly. Please send email if you would like to discuss.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal,...
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2 Answers | Asked in Probate for California on
Q: dad passed No will/lt He added friend to deed as joint tenant Im only blood kin Am I entitled to his 1/2 estate, etc

I live in Vallejo CA. His home is and he lived in American Canyon California. I have a copy of his death certificate, my birth certificate, the house deed. My mother previously passed away and my dad never remarried. The friend was added to the deed as follows: grants to dad, a single man and... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You may have a problem. Joint tenancy exists when two or more persons are joint and equal owners of the same undivided interest in specified property. The main characteristic of joint tenancy is the right of survivorship. When a joint tenant dies, his or her interest in the property is terminated,... Read more »

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1 Answer | Asked in Contracts for California on
Q: If plaintiff breaches contract, can liquidated damages provisions exceed settlement amount
Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Maybe. LDs are tricky. Under Civil Code section 1671, a "provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Personal Injury for California on
Q: If a 17 year old assaults somebody seriously can you sue the parents for the underaged crime

A serious assault of sending the victim into the hospital but the asulter is underage so he got no consequences

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You may be able to hold parents liable. If you want to talk, send me an email.

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Im been sued for an accident that happend a year ago what should i do ?

The guy suing me claims he was injured and was unable to work for a whole year he also claims that because he wasn't able to work it lead to lost of property which is another reason why he is suing me what should i do ?

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Notify insurance company. If you don't have insurance you need to defend on your own. Get legal representation. If you want to talk it through send me an email.

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6 Answers | Asked in Personal Injury for California on
Q: my wife slipped and dislocated her shoulder at home yesterday after slipping in the kitchen because of water leaking

my wife slipped and dislocated her shoulder at home yesterday after slipping in the kitchen because of water leaking from the wall . I had complained about this to the leasing office about a month back but no action was taken and now the accident happened . What should i do .

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

Notify the leasing office. The issue is whether your wife had notice of the dangerous condition and was able to avoid it. If you want to talk it through send me an email.

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2 Answers | Asked in Probate for California on
Q: I was my moms conservator until she passed 2 months ago. My attorney was ordered to return 12k in 60 days. 5 months ago.

The 12k was money he spent, but did not earn. He tells me that he doesnt have to pay it back, because my mom died. Does her death allow him to keep money he did not earn?

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You need to get back to court to inform the judge of the status of the conservatorship. Send me an email if you want to discuss.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business...
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4 Answers | Asked in Estate Planning and Probate for California on
Q: Father past away. Stepmom is executor of will. He left house he bought w/our deceased mother to her, me and my sibling

He left property to stepmom, me and my siblings. The will states she has two years to sell the property. She has never given us update of the selling of the house, nor has she upkeep the property. Now she wants to buy us out. We don't agree, don't want her to buy. We want to buy our selves the... Read more »

Fred Lee Valentine Jr
Fred Lee Valentine Jr answered on Dec 6, 2017

You need a probate action to sell the property. Send me an email if you would like to discuss.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or...
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