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My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get... View More 
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answered on Apr 11, 2024
To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:
1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first.... View More
basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home
answered on May 3, 2024
Thank you for asking the question!
There are some legal theories that under them you may be able to rescind the agreement and take your money back:
1. Breach of contract: when one party does not keep their promise under the contact.
2. Fraud or misrepresentation: when there... View More
basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home
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answered on Apr 11, 2024
Under California law, if you sold your home to your father-in-law and the transaction was completed through escrow, you may have some legal recourse depending on the specific circumstances of your case. Here are a few things to consider:
1. Contract: If you had a written contract outlining... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on Apr 10, 2024
If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on May 9, 2024
Thank you for asking the question!
1. Was the home transferred properly to you after 30 years?
There are necessary elements for a deed to be valid:
1. A sufficient writing of the names of granite and grants, operative words of conveyance, and sufficient description of the... View More
I went to look at my property, and I came upon "K" rail blocking my access, and I saw that the road was Jack Hammered in front of where my property lies (Land). I've been going to my lot each month, to keep it clean and preparing it so I may build on it one day soon. My intention... View More
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answered on Apr 8, 2024
Under California law, a city generally cannot abandon a public road without following a specific legal process, which includes providing notice to affected property owners. The California Streets and Highways Code (Sections 8300-8363) outlines the procedures for abandoning public roads.... View More
Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?
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answered on Apr 5, 2024
In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:
1. Lease terms: If your... View More
Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?
answered on Apr 6, 2024
Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More
Her Company name is "ABD realty Inc" (name changed)
Is that name legal --allowed ?
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answered on Apr 5, 2024
In California, the use of the word "realty" in a company name is regulated by the California Department of Real Estate (DRE). According to the DRE, the use of the word "realty" is restricted to licensed real estate brokers or corporations that have a licensed real estate broker... View More
Please explain in the simple terms haha. What’s a direct attack vs collateral attack?
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answered on Apr 4, 2024
The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More
I have to go to court over the propery
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answered on Apr 4, 2024
In California, verbal agreements regarding real estate are generally not enforceable due to the Statute of Frauds. This law requires certain types of contracts, including those involving the transfer of real property, to be in writing and signed by the party to be charged (in this case, the... View More
The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More
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answered on Apr 3, 2024
Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.
If a property manager is not licensed and performs duties that require a... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
answered on Apr 3, 2024
You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
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answered on Apr 3, 2024
You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More
I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More
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answered on Apr 3, 2024
In this situation, you should consider using a Joint Venture Agreement (JVA) or a Partnership Agreement. These contracts outline the terms and conditions of your partnership with the real estate agent, including the division of responsibilities, profits, and commissions.
Key points to... View More
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answered on Apr 2, 2024
Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:
1. The law requires that if a business negotiates a contract primarily in Spanish,... View More
Does the rent received qualify as qualified business income? And is the rental of the property considered as a pass-through business?
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answered on Apr 1, 2024
The rental income from your condominium may qualify as Qualified Business Income (QBI) for federal tax purposes, and the rental property could be considered a pass-through business. However, there are some factors to consider:
1. Qualified Business Income (QBI): The rental income from your... View More
A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More
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answered on Mar 30, 2024
Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More
Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More
answered on Mar 29, 2024
Please allow me to address your comment that you want to draft your own trust. I regularly tell clients that there are several legal documents that a template would work for, assuming the template is based on the correct state's law. But estate planning is unfortunately not one of those areas... View More
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