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Brother/Myself 50/50 a property with 3 houses. Brothers daughter rent 3rd. I May force sell/partition property. I want any and all Capital improvements done by daughter or brother not to be claimed by daughter or brother and taken from my 50% ownership of the property. Majority of value is in the... View More 
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answered on Jan 8, 2024
In your situation, where you co-own a property with your brother and his daughter rents one of the houses, it's important to have a clear agreement regarding capital improvements. Since you are considering a forced sale or partition of the property, you'll want to ensure that any capital... View More
I own a condo in an old 3 unit building, in San Francisco, that hasn’t had much done in the common areas since it was converted in the 70s. A lot of our common area is under utilized and/or needs repair and we are also short on parking. I know the other owners won't be able to split large... View More
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answered on Jan 7, 2024
Under California law, a condo owner in an HOA can propose funding common area improvements, but this requires careful navigation of both legal and HOA governance aspects. Firstly, any significant changes to the common areas, especially those involving capital improvements, typically require... View More
I wanted to share a situation with you. The window in my living room overlooks the apartment parking lot and my neighbor has scraped the back corner of my car while pulling out. She wouldn't admit she did it and blames it was something blocking her so she never denied hitting my car either so... View More
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answered on Jan 6, 2024
Under California law, the actions of your neighbor may be considered a form of trespass or vandalism, especially if she is placing objects like cardboard on your property (in this case, the window of your apartment) without your consent. The act of obstructing your camera, which is set up for the... View More
In winter our neighbor can not get up his own driveway because of ice ( it is too steep). We have a large paved driveway that is connected to theirs. We have been letting them drive up our driveway in winter and sometimes park on our side. We also allow him to use some of our land for snow storage... View More
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answered on Jan 5, 2024
Under California law, your neighbor could potentially claim an easement by prescription on your property. This requires the use of your land to be open, notorious, continuous, and hostile for a period of five years. However, since you have permitted this use, it is not considered hostile, which is... View More
Employment/Con law Firm with an A list of Corp Clients in Judicial Roadblock. "Delmore Greene LLP vs The Superior Court of San Diego" 03/08/22 (SUBMISSIONS DENIED). EVERYONE IS UPSET - ITS COMPLICATED. Fast forward: Accepted petty matter for favored Established Corp CEO Client (on a... View More
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answered on Jan 4, 2024
Under California law, motions for sanctions can be complex and depend on the specific circumstances of the case. In the scenario of "Delmore Greene LLP vs The Superior Court of San Diego," if you're considering filing a motion for sanctions based on allegations of predeterminations... View More
Was there until approximately one year ago. I have contacted sheriffs department and the district attorney but because the statute of limitations is exceeded for criminal prosecution, I need to persue it civilly
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answered on Jan 2, 2024
Under California law, if you've discovered that your name was forged on a deed of trust against your property, pursuing civil action is a viable option. The statute of limitations for a civil lawsuit in cases of fraud is generally three years in California. However, this period doesn't... View More
THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More
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answered on Jan 2, 2024
To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More
The address the building uses is the lot that is not rent controlled. The APN is tied to 2 address . Fishy?
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answered on Dec 29, 2023
In California, the application of AB 1482, which imposes rent caps and just-cause eviction rules, can be complex, especially in cases where properties span multiple lots with different zoning or classification. The fact that your apartment building sits on two lots, one subject to AB 1482 and the... View More
answered on Dec 28, 2023
No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More
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answered on Dec 28, 2023
In California, you generally cannot directly go to the clerk's office and add your name to a deed for property you inherited via a trust or will without the involvement of the trustee or executor of the trust or the estate. When property is transferred through a trust or will, the legal... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
answered on Dec 28, 2023
It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
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answered on Dec 28, 2023
In an unlawful detainer case in California, whether to file an answer or a demurrer depends on the specific circumstances of your case. If you want to contest the eviction and assert defenses related to your mom's trust and fiduciary duties, it's generally advisable to file an answer... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Dec 28, 2023
Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit... View More
FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO.
LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY
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answered on Dec 28, 2023
To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for... View More
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More
answered on Dec 27, 2023
The community's interest in this property results from mortgage payments made DURING the marriage. The community acquires an interest in the property when the community makes the mortgage payments. If mortgage payments you made after you inherited the property, came from your earnings during... View More
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More
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answered on Dec 26, 2023
In California, inheritance is typically considered separate property, even if acquired during the marriage. However, when the inherited property is refinanced and a spouse's name is added to the title, this can create a presumption of a gift to the marital community, potentially changing its... View More
"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More
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answered on Dec 26, 2023
Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
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answered on Dec 26, 2023
In California, when someone passes away without a will (intestate), the estate, including real property like a house, is distributed according to the state's intestacy laws. As your father's daughter and assuming there are no other surviving children or a spouse, you would typically be a... View More
It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record.
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answered on Dec 26, 2023
In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of... View More
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