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California Real Estate Law Questions & Answers

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...
Read more »

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.

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

Q: Can anyone reference CAcase in which probate cd850 was used to excluded real property frm estate...title illegal change

Heir did an illegal title change on a house and after mother passed (No Will) heir open probate case and claiming house which did not belong to mother. House really belongs to someone else. This is the only thing in probate. Need to get this house out of this estate. And what to do for Inventory... Read more »

Richard Samuel Price answered on Jul 23, 2019

Probate Code section 850 allows for a personal representative or any interested person to file a petition requesting the court make an order where the decedent died holding title to real estate and the property is claimed to belong to someone else. (Probate Code section 850(a)(2)(C).)

Read more »

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

Q: There was no probate case, when my brothers and I inherited the property from my mother. Is a document legal if it's

not notarized? My brother had it typed up stating, my name not to be on the title but that I would still retain 331/3 percent ownership.

Richard Samuel Price answered on Jul 23, 2019

Whenever someone dies owning real estate in their individual name, there must be a probate case for a court order that transfers the real estate to the heirs. Is the document that you're referring to a court order? Court orders are not notarized.

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

Q: My name is not on title to a property I inherited with my brothers. Do I retain any ownership?

There is a document my brother had typed up stating, I would not be on the title because of financial matters. However, I still would retain 331/3 percent ownership. We never went through probate and the document was not notarized. Is the document legal?

Richard Samuel Price answered on Jul 21, 2019

No, your name must be on the deed to have an ownership interest in the property. Was there a probate case when you inherited the property?

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on

Q: The contract signed electronically by both parties does not have the sellers legal name or correct initials. Is contrac

Is contract legal?

Robert Philip Cogan answered on Jul 19, 2019

As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.

1 Answer | Asked in Real Estate Law for California on

Q: Uncle and i bought house as joint tenants he was married title sole and separate property. He passed away

Wife now wants half the property and to be added to title. I paid the last 20 years of Home including bills & maintenance (home now paid off) can she still claim half no will

Jonathan Purcell answered on Jul 16, 2019

The surviving joint tenant(s) file(s) an "Affidavit of Death - Joint Tenant", along with a death certificate, and a "Preliminary Change of Ownership Report" (PCOR), as well as paying a filing fee. Decedent's share is distributed the remaining joint tenant(s) on the deed.

1 Answer | Asked in Real Estate Law for California on

Q: I received a request to come in for a deposition. I cannot make it at that time

Can I request a continuance? Or...? I need to find a lawyer as well

Gerald Barry Dorfman answered on Jul 16, 2019

Not sure what you mean by a "request". If you are a party to the case, and you received a "Notice of Deposition", then you are required to appear, unless you can make other arrangements (or obtain a court order). Postponements are commonly granted. Be sure to confirm in writing the new date or... Read more »

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

Q: 26 have a net worth not know about taken advantage of by family and people trying to find out truth

In a position where I'm able to sue people who took advantage if know the truth I got answers I'm tired of my living situation and people making false statements againts me

Bruce Alexander Minnick answered on Jul 16, 2019

There is nothing about your question and facts that makes enough sense for lawyers to respond.

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

Q: We live in an over 55 community with no HOA. What can we do about one person that's 34 yrs old here? Nuisance

The real estate company knew this! We have been inundated with loud music and pool parties!

And he's a bully to the residents because we're older!Please help!

Jeffrey Louis Gaffney answered on Jul 8, 2019

Sadly, the rules that keep people 55 and under are not laws, but just an enforceable agreement among the owners.

Somewhere you have a Homeowners Association (HOA) that has a set of rules and covenants (CCRs).

Did they BUY or RENT? If renting then the HOA can enforce penalties...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on

Q: My neighbor kept throwing trash, debris, heavy objects (ie paving bricks, rocks...) into my backyard.

I've talked to them twice, called the police once. No collaboration & things just got worse, am afraid it'd escalated & someone might get hurt.

Dale S. Gribow answered on Jul 4, 2019

Take pix to gather evidence and sue in small claims for up to $10k.

before you sue consider sending a letter setting forth all that has happened and give them 10 days to remedy the situation and sue in superior court with a lawyer or small claims.

1 Answer | Asked in Real Estate Law for California on

Q: Should I deed-back my timeshare deed to terminate my responsibility in maintenance fees to the company?

I live in California. The timeshare property is in Texas, Inverness by the Sea, Galveston, Tx. Their company voted to terminate the timeshare property to sell. They want me to deed-back my interest (for $0) or pay a huge maintenance fee. If I don't, they are going to foreclose on the property... Read more »

Michael Hales answered on Jul 1, 2019

This is the type of thing my partner (Texas bar) reviews fairly regularly. Typically, you want to review it to ensure that the agreement eliminates all ownership and liability. I wrote an article about this a couple years back that you can review here:

Read more »

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

Q: My lease expires on July 31st. and stipulates 30 day notice of intention to vacant the property. I plan to give

more than 30 days notice and move out on Aug 6th. Is this considered breaking the lease?

Bruce Alexander Minnick answered on Jun 24, 2019

No, but it probably will be called an unlawful holdover. I suggest you try to get approval to stay the extra six days by paying additional rent.

1 Answer | Asked in Real Estate Law for California on

Q: Got a letter to terminate my tenancy under section 1949 (until July 19) . can I leave b4 30 days since I paid 4 June

Paper serve June 19 and I paid for June rent, so can I leave before the July 19 deadline.

Thomas A. Grossman answered on Jun 20, 2019

It is hard to tell from the information that you gave what kind of tenancy you have. Assuming that you have 30 days to move out, and that you gave the landlord a security deposit, the main question may be whether or not you get your security deposit back. Landlords love to find excuses for not... Read more »

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

Q: Caretaker stayed in house& took all valuables.No heir open probate til AFTER house sold in foreclosure.Why did house go?

House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued... Read more »

Richard Samuel Price answered on Jun 19, 2019

You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

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

Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant

Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »

James Edward Berge answered on Jun 16, 2019

In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.

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