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Questions Answered by David J. O'Connell
3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

We recently purchased a home and my dad is married to someone that is not my mother. Would his rights of the property transfer to me or would it be handed over to his spouse. When we closed on the home, they did make her sign a paper acknowledging that she was not going to be on the deed to the... View More

David J. O'Connell
David J. O'Connell
answered on Oct 5, 2022

The answer is, as is always the case, it depends.

If the "paper" your step-mother signed was an "inter-spousal grant deed," and that deed granted your father title to the property as "his sole and separate property," then your father took full title and could...
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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for California on
Q: My grandpa passed and did not leave a will. His kids didn’t go to probate or pay mortgage. What are my option to save it

The mortgage has not been paid since he passed. And the tenants just received a foreclosure notice. The property needs more work than it’s worth but I spent so many summer days there and it has great sentimental value of the property. How can I stop it from being foreclosed on and not have my... View More

David J. O'Connell
David J. O'Connell
answered on Jul 29, 2022

First, I agree with Ms. Gurewich; you must consult with a probate attorney. But, if a foreclosure notice has been recorded and served, you may not have much time. Depending on where the property is located, and how the mortgage/deed of trust is drafted, opening a probate, at considerable expense,... View More

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1 Answer | Asked in Real Estate Law for California on
Q: Can a court appointed referee charge me 10,000 per month evermonth the house is on market?

I am in the process of moving in to my second home, and am selling my home. It's been a tough ordeal as I have family issues. Short story: I was forced into sailing my house and splitting proceeds with my brother. The court assigned us a court referee for partition.

On the initial... View More

David J. O'Connell
David J. O'Connell
answered on Nov 14, 2018

The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can my landlord tow my car?

I moved to California from Texas and my Texas tags on my car have expired. My landlord sent me a text saying if I didn't clean my car, she would have it towed out of my spot because of my expired tags. I park my car in a gated garage/car port that I pay for. Can my landlord tow my car out of... View More

David J. O'Connell
David J. O'Connell
answered on Jun 20, 2018

Just to be clear, this is about two things. First, California requires anyone that resides in the state for 30 days or more to register their vehicle with the DMV. This is routinely ignored, but you should do it anyway.

Second, your landlord probably has a term in the rental agreement or...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I live in California and i’m month to month on my lease

I live in California and i’m month to month on my lease, have been for the past year. Today I get a note on my door, printed out from Microsoft word (in broken English) saying I need to add $30 to my rent every month for pet rent. Is this allowed? Do they need to give me proper documentation?

David J. O'Connell
David J. O'Connell
answered on Jun 20, 2018

I agree with Mr. Grossman. Your landlord is entitled to give you notice of increase of rent, for whatever reason, if that notice is in writing. And, unless a pet provision is included in the rental agreement, the landlord may assess additional rents to anticipate the damage a pet might cause.... View More

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