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California Real Estate Law Questions & Answers
Q: Do i have to pay $180 charge for a toilet snake my Apt's Maintenance charged me for a toilet paper tube accidently flush

Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 26, 2020

If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My father died over 15 yrs ago in Alabama Someway my cousin started using the property as hers. I live in Ca.

She wont dicuss it with me. But is that my property and how do i get it returned to me.

David Ostrove
David Ostrove answered on Feb 25, 2020

If your father gave it to you in his will, it became yours the instant your father died.

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Was my brother's inherited property reassessment done in error based on a possible misinterpretation of CA law/rules?

My brother inherited a home from our late parents (both passed away in 2018). The home was originally in my parents' revocable trust. We hired a trust company to handle the transfer. The company filed the appropriate grant deed documents and the transfer went from my parents' trust, to my brother,... Read more »

James Edward Berge
James Edward Berge answered on Feb 25, 2020

Your brother must be a current income and/or principal beneficiary of the trust to avoid reassessment under Prop. 13, and all other current income and/or principal beneficiaries must also qualify for an exemption for the transfer to the trust to be considered an exempt transfer. The county... Read more »

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2 Answers | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for California on
Q: My neighbor is threatening to sue me because my dog has been peeing on their lawn. Are their laws/fines for this?

I received a warning from my neighbor and it hasn't happened again since then. But they are still telling people they are going to sue me. I don't know what kind of damages or fines I could face.

Dale S. Gribow
Dale S. Gribow answered on Feb 25, 2020

more info needed.

if dog is on a leash you are probably trespassing on their property.

if not on a leash you are violating some municipal law leash law.

however anyone can sue anyone for anything at any time....the question is will one win and if so what damages are imposed?...
Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Can someone in Orange County, California help me with an Interpleaded case with buyer's Land Purchase deposit of $50k?

Escrow interpleaded buyer's deposit of amount $50,000 from California Vacant Land Purchase Agreement (CAR form VLPA). I am a seller and believe I am entitled to this deposit due to both: 1) buyer breach of contract and 2) escrow negligence to ensure conditions are met. I need a local lawyer to... Read more »

Bahram Madaen
Bahram Madaen answered on Feb 12, 2020

I might be able to help you. My email address is attorneymadaen at gmail. email me and we talk. thanks.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: If a joint owner of a house passed away, what process is required to make the survivor the sole owner?

The house is in California and owned by both of my parents, both are California residents. I am not aware if there is any form from the superior court resource that deals with this issue (closest being the spousal transfer form) directly.

John B. Palley
John B. Palley answered on Feb 7, 2020

Assuming the deed says "in joint tenancy" or "as joint tenants"then you would just need to record an "affidavit of death of joint tenant" form. Can probably get that online somewhere. I believe a preliminary change of ownership form is also required which can be be obtained from the county... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I bought my girlfriend's 50% of our co-owned house in cash. I want to convert the Deed from our names to my Trust's name

I have a revocable trust, i have a home co-owned with an ex girlfriend that I've paid off myself. I want to remove her name from the title without triggering a reassessment by placing it into my Trust. She is not a trustee on my trust, & the house is not in my trust. Can I file a PCOR form & use... Read more »

James Edward Berge
James Edward Berge answered on Feb 6, 2020

No. Once you have bought out your ex-girlfriend’s 50% interest in the house, you will be reassessed for the 50% interest which you purchased. If you try to do as you suggest, you will be caught when the assessor asks to see a copy of your trust and sees that your ex has no beneficial interest... Read more »

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Theirs an abandoned house for 2 years the lady died that's on the deed she had no kids no known family can I claim the

Taxes are paid until she died

Bill Sweeney
Bill Sweeney answered on Feb 6, 2020

Please refer to https://statelaws.findlaw.com/california-law/california-adverse-possession-laws.html

1 Answer | Asked in Real Estate Law for California on
Q: These people are stealing my home, and furnishings, from me! What can I do?

I recently purchased a, fully furnished, mobile home, in the Roadrunner Mobile Home Park, and turned in my application for space rental, along with a money order for their, required, background check. While waiting for their decision, they went in to my home, and removed all furnishings, barred me... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Feb 4, 2020

Did you get a bill of sale when you purchased the mobile home so you can prove title?

If so, I would go to the local police station and report a breaking and entering and grand theft complaint. This is not a civil dispute at this point, it is a criminal matter. I would also go to the local...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Do I have a right to demand a letter that our building structure is safe, after a large piece of wood fell off?

The wood almost fell into my Daughter's bedroom window. They sent someone to fix the wood that fell, now something else is hanging off a few feet away. I requested that they get me a 3rd party letter stating that the structure is safe and they refused. Do I have any rights to demand that letter or... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 1, 2020

If you are afraid the building structure is not safe, you can call the City inspectors and they will let you know if the house. Is safe. Best of luck.

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Is it allowed for a judge to distribute an estate that is still in the midst of a chapter 13 Bankruptcy?

Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... Read more »

Harlene Miller
Harlene Miller answered on Jan 30, 2020

Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.

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1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for California on
Q: can the trustee convey property into my irrevocable special needs trust with a lean without my consent or knowledge.

If they convey the property with the 1st mortgage then stop paying so that lender calls loan due on sale to pay lender off and trustee:/seller agent

James Edward Berge
James Edward Berge answered on Jan 27, 2020

Assuming the trust agreement authorizes the trustee to accept property from any source, whether encumbered or not, beneficiary or trustor approval is not required.

3 Answers | Asked in Real Estate Law and Probate for California on
Q: How can one trust beneficiary purchase shares of a home from two other beneficiaries? Revocable trust.

I understand successor trustee can grant deed 1/3 of property to me, as parent to child transfer, then I can purchase my two brother's shares through escrow. What are the details of this process?

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

One option would be to discuss what you want to do with a local title company and open an escrow with the title company. You deposit the purchase price and your siblings signed a deed to you and deposit it into escrow, and the escrow agent records the deed and disburses the funds to them. It is a... Read more »

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Stepdad deeds property to foster son who dies before him, his wife lives there, mom dies. No wills. Who can claim?

No wills were made for any of them. Foster son's name is still on property. Stepdad was in convalescent home, had dementia when deed changed and died in 2016. His foster son (my brotherinlaw, who has 1 son with my sister, 3 kids from another marriage and my niece, who isn't biologically his) died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

This is complicated set of facts and beyond the scope of basic legal questions that can be answered in this forum. You need a personal consultation with a probate attorney, who can look at the chain of title and review all of the facts. It might be the correct remedy it a quiet title action to... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Timothy Denison
Timothy Denison answered on Jan 22, 2020

Yes. Not only common but required in some jurisdictions.

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can an exactor of an estate sign off on a reconveyance
James Edward Berge
James Edward Berge answered on Jan 7, 2020

It's the lender who signs off on a deed of reconveyance when a loan secured by real property has been paid in full. If the decedent and/or the decedent's estate loaned money to someone and received payment in full, yes, the executor of the estate would sign off on the deed of reconveyance. No... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: brother with two children and sister inherited house from mother in california, brother died who does his share go to?
Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2020

It is not possible to answer your question without knowing whether the decedent was married, whether he had a will and exactly how the house was titled.

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1 Answer | Asked in Real Estate Law for California on
Q: Easement syntax: A right of way and easement, for all purposes, into over and across, upon and in and to ...

Hello Lawyers,

I own an Easement in California which crosses 4 lots.

I use it everyday for ingress/egress.

Sometimes I "maintain" both road and bridge on the easement.

I assume it is clear of legal entanglements.

The Easement was granted in 1915.

It... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Jan 6, 2020

It’s possible that this gives you a very broad easement.

But to give you a firm opinion an attorney would need to look at the subsequent title history of all the properties involved as well as any recorded court history as it is possible the easement was lessened or revised or cancelled...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My father passed away, my mom now owns their home. Will she end up paying capital gains tax if she airbs her home out

Home in California, bought for 45k in the 1960s and now worth a million.

James Edward Berge
James Edward Berge answered on Dec 27, 2019

If it can be established that their home was held as community property, then the adjusted basis of their home would have been stepped up to its full fair market value at the time of your father’s death for income tax purposes, meaning there would be no capital gain as of your father’s date of... Read more »

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