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California Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Civil Rights for California on
Q: covid: I pro per-no friend come with but plaintiff+lawyer allowed @hearing: now 2 declarations to my 1= viol of rights?

In a UD action, at a hearing of which I appeared in pro per, my friend came with me, for support, and for me to have a witness, but was denied access by the Bailiff, denying me the chance to verify claims now before the court. b4 entering ct. rm counsel put me in a moral quagmire, weighing my... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

You need to discuss all these issues with a lawyer. This question and answer format does not give us the opportunity to review all your evidence, or lack thereof, and then give you clear advice on what you might do.

Furthermore, there is insufficient information about what the result of the...
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2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for California on
Q: My Ex has not made good on his promise to buy me out of our home. Can I take him to court to get this resolved?

We agreed to keep the assets out of the divorce and handle it amicably between us. This was not entered into our divorce decree. Twice he has given me a verbal that he would refinance and buy me out. Then he tells me he is waiting to use the equity in our home to purchase his parents home from his... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2021

you can initiate a partition action and force his hand to sell the property or buy you out. you will need to consult with and hire a real estate attorney for such a legal action.

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Can the sellers cancel a counteroffer contract after both buyers and sellers have signed?

The buyers sent an offer to the sellers through their agent. The sellers sent a counteroffer. The buyers agreed to the counteroffer and signed the contract. The buyers agent sent the signed contract to the sellers agent via email.

The following day, the seller verbally told their agent... Read more »

James A. Greer
James A. Greer answered on Nov 22, 2021

Dear Buyer of "cancelled" Purchase Contract: The moment the Buyer delivers an executed Counter-Offer a BINDING CONTRACT FOR SALE is formed. Seller will try and position that the "delivery" was not effective because Seller's Agent failed to look at her email. Buyer will... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My mom passed away three months ago and I cannot find a wheel the lawyers out of his how do I find the copy of the will

I have power of attorney before she died. Her knee I think I still have it how do I find out if it carries on after death

Howard E. Kane
Howard E. Kane answered on Nov 11, 2021

I'm sorry to hear about your mom's passing. Unfortunately, the Power of Attorney expired upon her passing. However, there are a variety of methods that can be used to settle her estate, depending on how much the estate was worth. For instance, if your mom owned real estate and had a... Read more »

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2 Answers | Asked in Divorce, DUI / DWI, Estate Planning and Real Estate Law for California on
Q: Need financial help to get my divorce or find a probono family divorce attorney I been messed over by my wife and she

Messing my life up please some one help me

Dale S. Gribow
Dale S. Gribow answered on Nov 6, 2021

YOU ARE POSTING THIS ON A DUI WEBSITE.

REPOST ON FAMILY LAW AND INDICATE CITY NEEDED.

ALSO CONSIDER LEGAL AID IN YOUR AREA.

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My parents helped my grandmother and her husband purchase a home in 2000. She just passed away from dementia

My parents gave my grandmother and her husband over $7000 to help purchase the home they live in since 2000. She has passed and we found out that he had her sign a will leaving all assets and insurance to him while sick with dementia. My parents had to provide tracable checks from their employers... Read more »

Julie King
Julie King answered on Nov 2, 2021

You definitely need to bring a claim in Probate Court. If you don’t know how to do that, see a lawyer as soon as you can. Any document signed under severe pressure (legally called “duress”) can be challenged and, if successful, will invalidate the Will. Also, if your grandmother had lost her... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Am I entitled to half the house of boyfriend and I split?

Hello. My boyfriend and I purchased a home together. He was unable to alone because of his credit, so he asked me to be on the house too so I did. He keeps threatening me saying he’s the one investing the money (he knew my finances up front and was fine with him paying for fixing things up) and... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 28, 2021

Yes, if you are on title you would be entitled to something. however, if he made all the payments, he could be credited for those. you would need to have a full consultation with a real estate attorney as to your rights and the specific facts of the matter.

1 Answer | Asked in Civil Litigation, Construction Law, Real Estate Law and Civil Rights for California on
Q: Can I file a law suit for discrimination, harassment and mental anguish against my home association board members!

The president and other board members of my home association conjured to propose penalties against me. They are prejudicially and selectively isolating and discriminating against me based on my race, creed, and national origin. They conspired to create and to apply fictitious rules and false... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 28, 2021

Sounds like you need a good lawyer.

Start by looking for good civil rights attorneys; there are many good ones between Los Angeles, Ventura and Santa Barbara counties. Do a Google search and then start calling and talking to as many as you can until you find someone who indicates s/he can...
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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: is a reply in opposition to a demurrer on ok caption to oppose a motion to dismiss a first or second amended complaint

does it have to be capital letterS does he have to specify if it is in opposition to first or second emended complaint in the headline caption

Kenneth Sisco
Kenneth Sisco answered on Oct 20, 2021

I assume you are the Plaintiff, representing yourself. The title of your filing will be "Memorandum of Points and Authorities in Opposition to Demurrer." It is not required, but the Demurring Party may file a "Reply to Opposition," five Court days before the hearing. Good luck.

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Jack and Jill transfer property to Jack and jill as trustees and then again as individuals to Trustees of later Trust

Jack and Jill transfer property to Jack and Jill has Trustees of 2005 trust later jack-and-jill transfer to Jack and Jill as Trustees of 2010 Trust which trust is the property in is any corrective action necessary where would the hang-up be at the title company the recorder the Assessor and does... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Oct 15, 2021

It sounds like only the first deed is valid. Jack & Jill were not the owners as individuals at the time of the second execution, that is, if the second transfer was as individuals as you imply.

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Personal Injury and Real Estate Law for California on
Q: Which is better a hearing before an administrative law judge or a trial in federal court for hud case

HUD case involving personal injuries and disability discrimination, illegal lock out, retaliation. Tenant wants property management co fined and charged with crimes

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2021

as a PI attorney, this is not my area of law.

however, most cases are based on the facts.

what might be good in one court is not before another judge.

make an appointment for a courtesy consultation with a local lawyer.

1 Answer | Asked in Real Estate Law for California on
Q: We are selling our house but know we want to back out due to a family emergency, they threaten to sue what can we do?

We are selling our house and accepted an offer however. We have to back out due to my father-in-law becoming sick now they They threaten to take us to court for wanting to back out of selling our house. We offer to pay all their expenses and maybe an extra couple hundred due to the inconvenience.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 11, 2021

Your options will depends on a few more specific facts. You need to call and speak to a real estate transactions attorney so they can review the documents involved and the specifics in order to give you options.

1 Answer | Asked in Real Estate Law for California on
Q: What can I do if the buyer of a property is refusing to sign the cancelation of escrow? I do not have money foralawsuit

I have extended his closing date many, many times but he has not deposit any funds in the escrow company. He has an attorney and every time we ask for the money, he keeps saying that he is going to file a lawsuit against the seller, realtor, and escrow company. I DO NOT HAVE MONEY FOR ATTORNEYS... Read more »

James A. Greer
James A. Greer answered on Oct 4, 2021

Seller Seeking Earnest Money: In a standard California Real Estate Contract you are FIRST required to seek resolution by filing for Mediation before either party can resort to litigation. Mediation is reasonably costed and does not technically require that you engage an attorney to represent you.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can trustee of trust a directly transfer property into trust b?

Jack as trustee of trust A conveys property to jack as trustee of trust B?

Julie King
Julie King answered on Oct 3, 2021

I believe this is your third question about your grant deeds. I suggest you go to a lawyer and get your situation handled properly rather than try to piece together various lawyers’ advice. But to answer your question, it is possible to transfer property from one trust to another, but not in all... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for California on
Q: Trustee grantor conveys property in individual capacity . Can he use corrective deed to convey as trustee of property

Jack conveys property to beneficiary instead of jack as trustee of said trust. Can he file corrective deed to validate transaction as of date of original deed?

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

Yes. A corrective deed will most likely clear up the defect in the first transfer. I'd recommend having an attorney handle the preparation of the corrective Deed.

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4 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

Julie King
Julie King answered on Oct 3, 2021

The answer to your question depends on the language in your specific deeds. If the grantor is still alive and has a revocable trust, it’s possible the property could be in either trust. Some people have more than one trust (for example, a separate property trust and a community property trust)... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns

Trust transfer deed "jack and jill transfer to jack and jill as trustees of jack and jill trust" quitclaim deed "jack and jill transfer to daughter

James Edward Berge
James Edward Berge answered on Oct 2, 2021

The trust still owns the property. The deed from them, as individuals, rather than trustees, did not convey good title to their daughter, because they, as individuals, did not own the property.

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