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California Real Estate Law Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California on
Q: My mother and father signed a grant deed to our family home to me before mom died now my dad is trying to sell it

My parents were divorced and the house was moms. Father remarried another woman ten years ago . Hes claiming to be a widow his wife is alive and thats a lie. I am my mothers only child and rightful heir to her estate . My because my mom signed my grant deed to transfer my home to me and I found... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 28, 2019

Was your grant deed ever filed with the County Recorder? If your deed is valid, then you need to have it recorded in order to show the world that you have clear title, and that your father does not.

When the title company goes to complete any transaction that your father makes, they will...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: How can I keep the apartment I am living at if I am an occupant and the lease holder cannot pay their share of rent?

I am an occupant at an apartment on a month to month lease. The lease holder cannot pay her share of rent and is a extremely negligent of the place, she wont report damages in fear of receiving an eviction notice. She is constantly breaking the rules of the lease. I pay for half of the apartment... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

Talk to the landlord about this situation. Unless I miss my guess, your former roommate cannot just leave and let her boyfriend move in--because his name is NOT on the lease. Your landlord will know what to do.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My mom died without a will. I'm a only child have to go through probate for her house.Does my wife have rights to it.
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 22, 2019

Yes, you need a Probate process (unless your mother used a special deed to pass you the house upon her death).

Dying without a Will is called dying intestate.

If you are the only child, and there is no husband, then you will inherit everything, but you need an order from the court...
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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Lost at trial a civil lawsuite in Los Angeles Superior Court!! - Norwalk! What is the deadline after trial to file appea
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 22, 2019

There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served." The other deadlines... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for California on
Q: My dad left me a letter stating that half the property was mine no notary just his signature

My mom is ripping me off and giving my money to her daughter that's not my dad's I worked with dad since kid with no pay cause he promised me half the property and my mom always hated that and now she sold the house I found out by getting a eviction letter from new owner and is not giving me my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I am saddened when I read yet another story about someone (in this case your dad) who engaged in do-it-yourself estate planning and it failed, to the detriment of the intended beneficiaries. It would have been way cheaper for your dad to hire an estate planning attorney to do this right than it is... Read more »

3 Answers | Asked in Real Estate Law, Probate, Elder Law and Estate Planning for California on
Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2019

more info needed.

consult with a real estate lawyer asap.

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1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for California on
Q: May we request arbitration? Although Respondent gave her testimony? May we request a different judge?

Thank you, for the heads up.

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2019

a LOT more info needed.

you may not want to discuss your case on an open forum.

without reviewing a file and testimony it is hard to say but since you appear to be in the middle of something i am not sure you would be able to change "horses".

1 Answer | Asked in Criminal Law and Real Estate Law for California on
Q: The other co owner is stealing half the money. What is this called? Also, he has pulled out $30k by pass my signature!

How did he get this done without my permission and without my knowledge. Who knows how many times he's done this then puts the money back in later. The $30k has been put back. This still has to be illegal to do. Is there criminal charges for this? And right now he is stealing half income from every... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2019

more info needed.

probably called Theft.

someone has to read your partnership agreements papers if there are any.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: If I'm Admin with full authority to manage estate, can i sign a Quit claim deed to a property? Just transfer no money.

I feel I can do anything I want as long as I notify the other beneficiaries. But what form i use to do this and how i send it by mail or what? And if they dont want me to how will they let me know? What happens if they dont agree and if i insist? What is this called?

James Edward Berge
James Edward Berge answered on Sep 17, 2019

With full authority under the IAEA, you have the authority to sign a deed in connection with a sale transaction assuming you have the consent of all beneficiaries, but not the authority to make a distribution of the estate without court approval. If you do not have the consent of all... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: If i was granted Administrator with full authority to manage the estate, can I sign a Quit claim deed to a house?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Sep 13, 2019

If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: We need a commercial Eviction attorney. We have a 3 yr lease which Lyons is trying to break. Plz let me know how to find

Our contract specifically stated we will settle through arbitration out of court. They told me through email if I don't turn in keys by yesterday, they will start proceedings today. My colleague walked into the office to pay them 2 months rent but they would not accept. We had paid whittle a month... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

Go to the Sacramento County Bar Association's Lawyer Referral service and request a referral to a lawyer or law firm which can fight this battle for you. It seems like the landlord is trying to breach the lease because of the increased cost of the utilities. You may have a good case and should... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: My parents loaned us the down payment to buy our house via a promissory note. We also signed a Deed of Trust

with them as the beneficiary. When we couldn't pay them back we deeded the house over to them for the market value. Does that "repay" the promissory note?

Vincent Gallo
Vincent Gallo answered on Sep 9, 2019

This should suffice under what is referred to as the doctrine of merger, however, a close examination of the documents will confirm my opinion.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: I filed a verified complaint with LA superior courts on 9.3.19

. I found two errors after the fact, i.e , 1 paragraph, the defendant was accidentally named plaintiff and another paragraph states in part "plantiff had never received from X party" It should read "other" party. Will this effect verified complaint? Do i need to amend?

William John Light
William John Light answered on Sep 8, 2019

No one can predict whether or how errors in the complaint will affect your case. If a jury thinks that the errors are material, it can affect your credibility, since you swore that the complaint was true.

You can file an amended verified complaint once, as a matter of right (no court...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for California on
Q: Is general contractor in breach of contract? What should I do- he's insisting on payment bu appears to have abandoned me

12 HI contracts with 1 GC 10 paid in full due to how progress payments worded Only 3 HIC completed 65% work don 85% of total balance paid Arranging financing for 1/2 of 15% left but now have preliminary lien notice from subcontractor & want to hold back 10% of total balance until resolved & all... Read more »

James Alan Greer
James Alan Greer answered on Aug 30, 2019

Dear Owner Requesting Advice on Retention Payment issue: While I am adept at advising owners in a construction setting, your question as stated is probably not capable of reply in this limited forum until more information is obtained. Critically, an attorney would definitely need to review the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: how binding is an exclusive listing agreement in california
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 29, 2019

FYI: Most written contracts are intentionally written because the parties want the contract to be "binding."

There is no such thing as a "partially binding" contract-- unless there is a term in it that says it is "partially binding." I hope that clears things up for you.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one
Richard Samuel Price
Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?
Nina Whitehurst
Nina Whitehurst answered on Aug 20, 2019

Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects.

To answer your first question, no, the executor does not have to change title of real property from the name of a decedent...
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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 19, 2019

It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on
Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge
James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

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