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
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answered on Mar 29, 2024
Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... 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
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
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answered on Mar 27, 2024
In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
answered on Mar 27, 2024
a lawyer, like you, has a right to quit.
have you talked to other lawyers?
does the case have enough value for a lawyer to pursue?
these are VERY expensive cases to pursue and most of my friends won't take a malpractice case for less than $1M
Remember, you can... View More
Payments along with other fees ( not secondary sub association information) after a year later a purchasing my place I received an invoice stating I need to pay late fees and charges for every month when I did not aware of any other HOA fees nor received any type of bills from “ Stevenson Ranch... View More
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answered on Mar 26, 2024
In California, if you were not informed about the secondary homeowners association (HOA) fees at the time of purchasing your townhouse, you may have grounds to dispute the charges, especially if this was due to a lack of disclosure by the seller. Under California law, sellers are required to... View More
3 separate deeds are associated with said easement. One person is trying to prescribe it to himself. We are trying to stop it.
He has it blocked off and gated.
Is he trespassing?And can a peace officer force the re opening of the easement?
He is trying to show abandonment.... View More
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answered on Mar 25, 2024
Under California law, a deeded easement can typically be terminated only with the agreement of all parties involved, through a court order, or through abandonment or non-use over a period prescribed by law, usually five years. However, non-use alone, without intent to abandon, is generally not... View More
I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act... View More
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answered on Mar 25, 2024
The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary... View More
We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property
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answered on Mar 24, 2024
Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate... View More
He left with two months rent and almost i almost lost the house im trying hard to keep my house
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answered on Mar 24, 2024
In California, removing a co-signer from a house mortgage involves a few steps, and your approach will depend on the specifics of your situation. If the co-signer has agreed to be removed, the most straightforward method is through refinancing. By refinancing the mortgage in your name alone, you... 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 of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
answered on Mar 22, 2024
Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... 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 of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Mar 21, 2024
In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More
I want to sell the property (which I also live on) and move to Illinois to live with my daughter. The animosity I'm getting is keeping me up nights. Should I just get up and leave to spare myself the bad vibes I feel? My wife died in December and I lost her $1,100 social security. I... View More
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answered on Mar 21, 2024
It's understandable that you're feeling overwhelmed given your current situation. Deciding whether to stay or leave your home before selling it is a personal decision, but it's important to consider your health and well-being. If the tension with your renters is causing significant... View More
The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More
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answered on Mar 21, 2024
Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More
I'm a condo owner in a 3 unit building in San Francisco. We are in the beginning stages of working with a contractor to expand the shared garage to add additional parking. Right now its a 1 car garage the owners rotate use of each month but with these plans each unit will have their own spot.... View More
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answered on Mar 20, 2024
Under California law, property tax reassessment can occur when new construction is completed or when there's a change in ownership. However, improvements to common areas by a homeowners' association (HOA), such as expanding a shared garage, may not directly trigger a reassessment of... View More
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answered on Mar 20, 2024
Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More
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answered on Mar 17, 2024
When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More
Landlord/ unit owners get $thousand of dollars in rent, yet can not pay $400.00 in monthly dues on time. chronic late payers.
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answered on Mar 13, 2024
In California, a homeowners' association (HOA) or condo board has the authority to enforce its governing documents, including bylaws and CC&Rs (Covenants, Conditions, and Restrictions). However, the ability to revoke rental privileges due to late payment of dues depends on the specific... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
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