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So my father passed away almost 40 days ago. The estate including personal property should be less than 150k (California) so not going through probate. I need to get the deed of the house transfered to my name. My father also had a bank account with about 10k. I'm wanting to use an affidavit... View More 
answered on May 3, 2017
Dear La Puente:
You will need to get your appraisal done first, as it will set the date of death value from which you will calculate the total value of the estate. You do not need the property transferred to you first.
I would suggest using a California Probate Referee, as they do... View More
I completed the "Retail Installment Sale Contract" with a Hertz Rent to Buy on 4/28/17. Changed over my insurance that same day, gave downpayment check and drove home in the car. Is the car legally mine and sold to me?
answered on May 2, 2017
It sounds like you have an effectuated contract, but make sure the title was signed over to you and that you register the car at DMV in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can... View More
Okay, I know without a doubt that my father's estate is a less than 150k. So I won't need to go through probate. websites like Zillow and others confirm the houses value.
My question is, when I go into chase bank when the 40 days are up, are there any other documents I need with... View More
answered on Apr 28, 2017
To clarify, the procedure to collect property worth less than $150K is only for personal property. It cannot transfer real property (like a house). But this only applies if all the property, real and personal, is worth less than $150K.
Whenever there is real property you must use some... View More
She is currently in a skilled nursing facility following an illness, and they are telling me she can't manage her own affairs any more. What do I need to do to get a power of attorney in California? I live in Colorado, and will be in California to see her Thursday April 27 through Monday May 1.
answered on Apr 23, 2017
If your mother lacks mental capacity, she cannot execute a power of attorney and a conservatorship might be required. Does she have any other estate planning documents? There are many issues involved here that should be discussed with an elder law attorney. Many will offer you a free telephone... View More
answered on Apr 18, 2017
You may need to hire an attorney to handle these issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
There was a collections account posted on my report. I have not paid on it. It was recently removed and I would like to know why? Will it reappear on my report? Is it in the process of transferring between agencies? Am i basically in the clear?
answered on Apr 18, 2017
Credit reports may stop listing certain accounts or judgments after a period of time, but that doesn't mean you're necessarily cleared of any related legal liability. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
answered on Mar 3, 2017
I see no legal basis for that. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Me and my business partner together met people interested to loan money in our company. He later received money from them and spent it away on his personal stuff. He later setup the business account in the bank with just 10% of the money. He claims his expenses were legitimate, but not giving any... View More
answered on Feb 22, 2017
There are a few facts missing. How is your partnership structured? Are you also liable for the loan?
Assuming you were partners and you are also liable for the loan you would have a cause of action for conversion, fraud, breach and possibly breach of fiduciary duty.
answered on Feb 18, 2017
See: http://smallbusiness.chron.com/rules-regulations-business-public-restrooms-68740.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
Just a month ago, a local San Diego "Firestone" tires shop secured for me (via their shop phone) a circa $1000 "CFNA" (Credit First) credit card to pay for vehicle repairs on my Ford van. Good. Great. Very nice. However, now CFNA has told me that they will accept my first... View More
answered on Feb 16, 2017
What are the terms to which you agreed when applying for and/or accepting this credit card? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
Good afternoon,
My question is what is the statute of limitations for a law suit against a bank? My mom lost our home due to employees stealing from her. They stole my moms mortgage payment or payments not too sure on that. She lost our house due to that problem. But she has proof of... View More
answered on Feb 15, 2017
See: http://www.courts.ca.gov/9618.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
I had paid my utility bill using my personal account, and didn't realize that I didn't have the full sum in that account. When the check began to process, the bank pulled money from my joint account with my husband to cover the amount that was overdrawn in my personal one. The amount in... View More
answered on Feb 12, 2017
Have a lawyer review the transaction carefully. Your details are a bit vague. Your banking terms and conditions should clarify your questions. Similarly your agreement with the utility company should also be reviewed. More details are necessary to provide a professional analysis of your issue. The... View More
I am also a benificary and trustee.
answered on Feb 12, 2017
Quite possibly, yes, but have a lawyer review the estate documents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
Investment broker recommends an investment that turns out to be a fraudulent scheme and broker knew or should have known the project was a scam.
answered on Feb 12, 2017
You may be able to sue for negligence, if not fraud (since you say the broker "knew"). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
A potential landlord has told me he looked into my bank account and saw my balances however he is still asking for statements.
answered on Feb 10, 2017
This may be part of a rental application to verify your assets. See: http://www.dca.ca.gov/publications/landlordbook/looking.shtml
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More
answered on Feb 7, 2017
You'll have to seek a modification of the terms of the mortgage with the bank, which will potentially lead to a loan refinance. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... View More
answered on Feb 7, 2017
If they in fact lied to you, they may have committed fraud and violated various banking and Business & Professions laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
- but my daughter in law hasn't paid the mortgage in a couple of months. Am I still allowed to put it on the market?
answered on Jan 18, 2017
Do you own the house? More information is needed here. If the mortgage falls into default, of course it could become quite difficult to sell the house with that on the record. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More
My wife has not worked until recently for the last 8-10 years, but got 10K credit line from BOA (we used her card to pay for vacations). When kids were born 6 yrs ago she developed strong drinking habits, but very time I tried to restrict her access to our bank account she were getting out HER... View More
answered on Jan 14, 2017
You can't dictate others' spending habits, but you may be able to file for custody rights based on her drinking issues. If you're still married, you may consider signing a separate property agreement with her to keep her debts separate from yours. The best first step is an Initial... View More
Can I give a loan with reasonable interest to my own LLC? I would fund the loan with my own personal money and my LLC would pay me back over time with funds from business earnings. Would I need a promissory note or other document for this?
answered on Dec 24, 2016
Generally, an LLC is a separate entity and you should adhere to all formalities in dealing with it. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes.... View More
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