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 »
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... Read more »
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 »
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.
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... Read more »
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 »
Yes.
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 »
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 »
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!
more info needed.
consult with a real estate lawyer asap.
Thank you, for the heads up.
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".
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 »
more info needed.
probably called Theft.
someone has to read your partnership agreements papers if there are any.
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?
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 »
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".
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 »
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 »
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?
This should suffice under what is referred to as the doctrine of merger, however, a close examination of the documents will confirm my opinion.
. 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?
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... Read more »
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 »
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 »
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.
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... Read more »
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... Read more »
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 »
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 »
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 »
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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