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California Real Estate Law Questions & Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on

Q: Hello my Name is Dexter Thomas I am looking for a lawyer to address an encroachment onto my property. Any suggestions?

On April 27, 2019 the neighbor was sent a registered letter requesting the removal of structure, she secretly sold property to someone else who is refusing to honor our request. We are looking for legal assistance.

Gerald Barry Dorfman answered on Aug 23, 2019

The sale is unlikely to have affected your rights. This is not a situation which can be solved in a question and answer forum such as this. You will need to have an attorney review the specifics of the encroachment. A lawsuit may be required.

1 Answer | Asked in Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one

Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?

Nina Whitehurst answered on Aug 20, 2019

Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects.

To answer your first question, no, the executor does not have to change title of real property from the name of a decedent...
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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on

Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »

Nina Whitehurst answered on Aug 19, 2019

It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on

Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

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1 Answer | Asked in Probate, Criminal Law and Real Estate Law for California on

Q: Embezzlement or rent skimming? Can a person "move in" before probate with no administrator? Can i remove the lock?

My grandmother passed november 2018 and left an unsigned deed. This deed leaves the home to her son and nephew. Her son has collected 12000 from the tenants, half the rent was payed none of the bills were. Is that embezzlement or rent skimming?

After one teant moved out (july 15) he came in... Read more »

Dale S. Gribow answered on Aug 17, 2019

more info needed.

i would report him/her to the police.

technically they broke into the residence.

if they are a tenant you have to comply with the law and do a 3 day notice and an unlawful detainer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: we have been without a/c and stove since June. prop mngmt notified, still an issue. do i have a case?

Moved in with a 1 year lease agreement. #1 A/C tech's have been out 6 times, with issues of wasps, and other issues beyond my control, still not fixed. supposed to be here again tomorrow., this issue has been ongoing for 9 weeks. #2 stove was removed on june 14th, had no cooking source for 5... Read more »

Pahoua C Lor answered on Aug 15, 2019

Make sure that your requests for repairs is in writing. You may also consider filing a complaint with the City Code Enforcement Unit. Once a complaint has been filed with Code Enforcement, a code enforcement officer should be in touch with you to take your complaint. From that point and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5... Read more »

Pahoua C Lor answered on Aug 15, 2019

Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on

Q: I am a plaintiff. I need to amend my lawsuit to add two additional defendants. How can I do this?

The matter concerns a surety bond. I want to join the surety as an additional defendant, as well as the principal on the bond. The original defendants have not been served because we cannot locate them.

James Alan Greer answered on Aug 14, 2019

Dear Plaintiff Needing to Amend Complaint: If there is no named defendant whom has filed an Answer to Complaint (which seems likely from my reading of your description) then you are allowed by the Code of Civil Procedure to file a "First Amended Complaint", and the court will accept the filing... Read more »

1 Answer | Asked in Estate Planning, Probate, Small Claims and Real Estate Law for California on

Q: Probate hasnt started can a non teanat place locks on rooms? Will a quite title action make an unsigned deed valid?

My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »

James Edward Berge answered on Aug 14, 2019

An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant... Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Tax Law for California on

Q: My father died with out a will in CA> The house was in my brothers name. Do the other siblings have any control

Father stated before his death that he wanted his youngest daughter to live in his house because the other siblings were out of the state and already well established, Home owners , with good jobs. Literally on his death bed he told everyone that he wanted his youngest daughter to live in his... Read more »

D. Mathew Blackburn answered on Aug 11, 2019

Estate planning is important. The documents control the disposition of the property unless there are specific circumstances that require a different treatment. You should consult a California Probate attorney to see if any of the exemptions apply.

Best of luck.

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on

Q: Need Help ASAP

Hi Lawyer,

I really need help, so please help.

I sold my condo and bought the house with my girlfriend we both had name on the mortgage loan and Deed. After we live together, she brought her family over (like her mom, sister, brother and niece) then she start used me, she forced me... Read more »

Theodore Allan Greene answered on Aug 9, 2019

Hi David... I have helped people like you with a process we call a Partition Action. It's always better to agree on it before you go to Court but sometimes you have to take Court action. You should talk to an attorney who handles these type of actions. We also are experienced in Bankruptcy which... Read more »

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1 Answer | Asked in Real Estate Law, Elder Law and Probate for California on

Q: I am the Conservator of The Estate. How can I legally gain access to enter my conservatee's home?

I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »

Richard Samuel Price answered on Aug 6, 2019

Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.

Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.

The...
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1 Answer | Asked in Real Estate Law and Probate for California on

Q: My sibling and I were in escrow on our parents home when my brother passed away.

The escrow lady says his intrest has to go to probate and she can not close escrow till a exeator/administrator is assigned by the courts to his estes. What do we do now ?

John B. Palley answered on Aug 6, 2019

Was the property still in parents name or in kids names? If in parents names then sell in their probate. If in kids names then yes probate deceased child’s estate. If under $150k small estate options available. I do probate throughout California if you wish to discuss. My practice is 100% probate... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on

Q: Is it possible for the executor of the trust, do the paper work for probate or do you have to go to court? My brother

Is the executor for our mothers trust. He is the one that drew up the document for me to sign, not to have my name on the title to our mother's property. On Friday my case was dismissed. I left my brother's a message to let them know. They have not called me back. There was no court order... Read more »

Richard Samuel Price answered on Aug 4, 2019

Without reading what you signed and understanding what type of case you had, it is impossible to answer your questions. You should bring all of your documents to an attorney to review and give you some legal advice.

1 Answer | Asked in Probate and Real Estate Law for California on

Q: How to writeComplaint toQuiet Title of real prty &Order defndnt pay 4damages caused to plaintiff @LA probate court?

I need to find sample cases i can read to see how I'm going to write this plead. But I don't know where or how to find this info.

Also, can i include in my 850/859 petition to Quiet title and restore all rights and ownership of house back to plaintiff the personal items of great value owned... Read more »

Richard Samuel Price answered on Aug 4, 2019

You could go to your local law library and find some samples. But even then, it's not that easy.

Yes, you can include both real and personal property in your petition.

You're talking about one to three years of litigation. You really need a lawyer.

2 Answers | Asked in Contracts, Real Estate Law, Elder Law and Probate for California on

Q: my mom left a will she split up the assets to me and my siblingshowever I wasnt told what my part was. My sis my trust

Sis wants to kick me out of the house i thought was mine given in will

Bill Sweeney answered on Aug 2, 2019

If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: How can I get guests out of my home that I own that refuse to leave?

This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »

Gerald Barry Dorfman answered on Jul 29, 2019

Talk to a landlord tenant attorney about an eviction action.

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Real Estate Law for California on

Q: Long term board members breaching governing docs and city building codes for decades. Selective enforcement of parking,.

For many years, the current and previous management companies, dictated by the board have pushed, selective enforcement and harassment on the complex. The parking rules stipulate, “2 car’s in the garage andIf you own a third car, you can obtain an annual permit which enables the third... Read more »

Dale S. Gribow answered on Jul 28, 2019

you are asking this question on a criminal website.

this is arguably not criminal.

everything is controlled by the By Law.

i would not be surprised if there are time limitations on how long someone can remain on the board.

i suspect quite a few laws/rules have been...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: House doesn't legally belong to decendant.My former Attny said I could NOT oppose or object to the probate & now I'm Adm

Probate was started by "next of kin". House is the only thing in estate but decendant is not legal owner. There's title fraud change here. When I found out all this I got attorney to help me. I wanted to let court know this is wrong and I'm against this probate. My attorney told me yes he can help... Read more »

Richard Samuel Price answered on Jul 24, 2019

This is beyond what you can do on your own. You need to hire an attorney to help you. Call a local probate attorney to assist you, or contact your local bar association for a referral to a probate attorney.

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