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My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More 
answered on Apr 16, 2025
The default division of proceeds for co-owners when selling is 50/50 unless there is an agreement to the contrary. If there are text messages, emails, or other writings that outline the agreement, those can serve as evidence of the terms of the agreement to prove that a 50/50 split was not the... View More
My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More
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answered on Apr 15, 2025
In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:
1. Ownership Structure
• How is the property titled?
(For example: Joint tenancy, tenants in... View More
I would like to transfer my house from my revocable trust back to myself in California. After that, I plan to add my granddaughter to the deed as a joint owner so the property will pass directly to her upon my death. She is not a beneficiary of the trust, and there are no other beneficiaries or tax... View More
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answered on Apr 12, 2025
To transfer your house from your revocable trust back to yourself in California, you’ll need to execute a grant deed (or trust transfer deed) from you as trustee to you as an individual. This deed must be notarized and recorded with the county recorder’s office where the property is located,... View More
I would like to transfer my house from my revocable trust back to myself in California. After that, I plan to add my granddaughter to the deed as a joint owner so the property will pass directly to her upon my death. She is not a beneficiary of the trust, and there are no other beneficiaries or tax... View More
answered on Apr 12, 2025
One question: Why do you want to give the real estate to your relative now? If there isn’t an urgent reason for making the property transfer, it is far better — from a tax perspective — to have someone inherit real estate through a trust document. Legally, you can do what you propose doing.... View More
I would like to transfer my house from my revocable trust back to myself in California. After that, I plan to add my granddaughter to the deed as a joint owner so the property will pass directly to her upon my death. She is not a beneficiary of the trust, and there are no other beneficiaries or tax... View More
answered on Apr 12, 2025
Second opinions set up a strong defense to trust challenges. If someone decides to contest your trust after you’re gone, an independent lawyer would testify that they “grilled” you and it’s their professional opinion that you voluntarily chose to give your property to that particular... View More
I am looking to create a trust that includes both my main home and rental real estate properties in California. There are no current mortgages on these properties. What are the steps I need to take and considerations I should be aware of in setting up this trust?
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answered on Apr 11, 2025
Yes, you can create a trust to include your main home and rental properties in California. Since there are no mortgages, transferring title is simpler. Here are the key steps:
1. Set up a Revocable Living Trust with the help of an estate planning attorney. This avoids probate and lets you... View More
I am looking to create a trust that includes both my main home and rental real estate properties in California. There are no current mortgages on these properties. What are the steps I need to take and considerations I should be aware of in setting up this trust?
answered on Apr 12, 2025
Find a lawyer with whom you are comfortable working. Many lawyers, like me, offer a free initial consultation, which allows you to meet the attorney(s) and see if they are a good fit for your needs. Other lawyers start charging as soon as you walk through their door. I do not recommend drafting... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.
Your... View More
I have been married for about 30 years, and during the marriage, I bought a home using individually named funds. My name is the only one on the home, and my husband has contributed financially to it. We have not made any legal agreements regarding property division during our marriage. If my... View More
answered on Apr 10, 2025
Property purchased DURING the marriage (i.e. at any time between date of marriage and date of separation) is community property. It's not about whose name is on title, or who earned the money used to purchase the property (make the down payment). It's about the source of those funds.... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
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answered on Apr 10, 2025
There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
answered on Apr 11, 2025
You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More
I rented a house with the mother of my daughter, with her signing the lease first and me second. At that time, I was the sole breadwinner, covering most of the deposit and bills, while even having to get early paychecks to secure the house. Now, she has a restraining order against me, alleging... View More
answered on Apr 7, 2025
Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More
I was unjustly dismissed after 18 years of employment and am permanently disabled due to a back injury. A group of lawyers allegedly falsified my signature to gain benefits for themselves. This fraud also involved real estate deception that left me homeless in San Luis Obispo, CA. I have... View More
answered on Apr 8, 2025
Starting with the alleged forgery of your signature by attorneys, California Penal Code Section 470 defines forgery as a serious offense, encompassing situations where a signature is obtained through fraud or misrepresentation, as noted in People v. Martinez (161 Cal. App. 4th 754). Your evidence... View More
I am 47 years old and recently discovered that an apartment building was gifted to me without my knowledge. The custodian responsible for this property failed to deliver it to me when I turned 21. This custodian has since passed away and left the property to her children. I found tax documents... View More
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answered on Apr 3, 2025
26 years later is not the time to sue for land. Hire a CA attorney to search the title, including tax payments. If a trust was involved, you might have some causes of actions under trust statutes. Tolling the SOL may not work. Ultimately you want a suit for Ejectment and Quiet Title against... View More
I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?
answered on Apr 3, 2025
At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.
I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?
answered on Apr 3, 2025
Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
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answered on Apr 3, 2025
If the unsecured creditors fail to open a probate and file claims within one year after date of death, those debts evaporate.
However, the mortgage debt continues as a lien against the real property. If the mortgage is not paid as agreed every month the lender may foreclose.
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
answered on Apr 3, 2025
If more than one year passes after the date of death, the claims of unsecured creditors are generally barred. The mortgage is a secured debt and will continue to exist on the property and must be paid. In order to transfer the property to you as an heir, probate will be needed, unless the deed was... View More
I am a landlord of a small family commercial retail space considering a potential tenant application. The applicant has two last names: one on state documents like their driver's license and US passport (which they claim is their birth last name), and another on years of IRS tax filings and... View More
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answered on Apr 1, 2025
On the assumption that you want to bind "all" tenants and individuals occupying the space, you will want all names and any "aliases" that they may be using. One of several "focus points" you will want as the landlord in the lease, along with any personal guarantees ...... View More
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