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California Real Estate Law Questions & Answers
2 Answers | Asked in Family Law, Real Estate Law and Probate for California on
Q: I have two relatives who have fraud recorded Title Deed register with Los Angeles County Assessor's Office and the C.R.O

So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

James L. Arrasmith
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answered on Jun 27, 2024

I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More

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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.

The terms of the trust control who is in charge of the assets. If...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Should I file a exparte motion to set aside a judgement that was in excess of courts limit and a write was issued
James L. Arrasmith
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answered on Jun 27, 2024

Filing an ex parte motion to set aside a judgment may be appropriate if:

1. The judgment exceeded the court's jurisdictional limit.

2. A writ of execution was issued based on this potentially invalid judgment.

However, to give you more specific advice, I'd need...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Should I file a exparte motion to set aside a judgement that was in excess of courts limit and a write was issued
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:

Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service....
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Does the ASSESSOR charge fees for submitting change of ownership forms in LA, CAL?

I filed a new GRANT Deed AT THE Registrar's office, then emailed the ASSESSOR about the forms that HE NEEDS. THE office sent me a list of 3 forms--Change in OWNERSHIP, PARENT-CHLD exclusion, & HOMEOWNER's exemption, but no list of cost; he also said to sign, scan and email, not go in... View More

James L. Arrasmith
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answered on Jun 26, 2024

This question covers several aspects of property ownership changes and related fees in Los Angeles County, California. I'll address each part of the question:

1. Assessor's fees for change of ownership forms:

Typically, the Los Angeles County Assessor's Office does...
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1 Answer | Asked in Probate and Real Estate Law for California on
Q: How can a petition show ones name decedents estate /than same case number shows probate only with the name is name diff

My name show with case #and date of filing only it state name decedents estate general

Than the following months also the following year and a second petition same case number only this petition shows estate of with his grandmother name now how is that possible the this bonafide in my... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're asking about a complex probate situation in California. Let me try to break down the key points and provide some general information:

1. Multiple petitions under the same case number:

It's possible to have multiple petitions filed under the same probate...
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2 Answers | Asked in Real Estate Law for California on
Q: How can I get the deed to the property I live on our of my dead husbands name and into mine?

My dead husband and his dead ex wife are named on the deed. We were married at his time of death.

James L. Arrasmith
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answered on Jun 21, 2024

To transfer the deed of the property from your deceased husband's name to yours, you'll need to go through a process called "clearing title." Here are the general steps you should take:

1. Obtain a copy of your husband's death certificate.

2. Determine if...
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2 Answers | Asked in Real Estate Law for California on
Q: How can I get the deed to the property I live on our of my dead husbands name and into mine?

My dead husband and his dead ex wife are named on the deed. We were married at his time of death.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 23, 2024

Thank you for your question!

Consult with a real estate attorney to see if you can transfer the property without probate. E.g., joint tenancy with right of survivorship or small estate, etc.

If no non-probate category is applicable, start the probate procedure.

This is...
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2 Answers | Asked in Real Estate Law for California on
Q: Hi, my neighbor built a new house 6 inches on my property and put it up for sale. What should I do?
James L. Arrasmith
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answered on Jun 20, 2024

This situation involves a potential encroachment on your property, which is a serious legal issue. Here are some steps you should consider taking:

1. Verify the encroachment: Have a professional land surveyor confirm the property boundaries and the extent of the encroachment.

2....
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2 Answers | Asked in Real Estate Law for California on
Q: Hi, my neighbor built a new house 6 inches on my property and put it up for sale. What should I do?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

If you stay quiet for 5 consecutive years, you can lose that 6' invaded part of your property due to adverse possession.

You can start negotiations with the neighbor. If it fails, you need to bring a lawsuit against the neighbor for injunction,...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I be evicted from a storage unit for a misunderstanding between management?

I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the details provided, it seems unlikely that you would be legally evicted from your storage unit solely due to this misunderstanding about the cell phone. Here are a few key points to consider:

1. Eviction criteria: In California, a storage facility can typically only evict a...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I be evicted from a storage unit for a misunderstanding between management?

I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

A commercial landlord can evict a tenant under the terms of the lease agreement, and proper notice.

Absent an intention for larceny, no crime happened here, especially when you immediately returned the cell phone as soon as he asked for it. So eviction...
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2 Answers | Asked in Real Estate Law for California on
Q: I need to know if I could cancel escrow days before closing. I'm in a lease with the option to buy which I exercised

The least does not expire until February, and the lease has been paid in full. I'm not asking for any money back. I just need to be out of escrow and on the lease so I can take care of my personal situation that has changed rapidly.

James L. Arrasmith
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answered on Jun 17, 2024

In California, the ability to cancel escrow before closing depends on the terms of your lease and the purchase agreement you signed when exercising your option to buy. Generally, once you have entered into a binding purchase agreement, you may not be able to simply cancel the escrow without facing... View More

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2 Answers | Asked in Real Estate Law for California on
Q: I need to know if I could cancel escrow days before closing. I'm in a lease with the option to buy which I exercised

The least does not expire until February, and the lease has been paid in full. I'm not asking for any money back. I just need to be out of escrow and on the lease so I can take care of my personal situation that has changed rapidly.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 18, 2024

Thank you for your question!

Check the escrow instructions to see if there's a provision for cancellation. You probably need to pay some money to get Beach the contract.

Also, if you have a valid reason in good faith, you can come out of the context. For, there is a hidden...
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 18, 2024

Thank you for your question!

A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All...
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Julie King
Julie King
answered on Jun 17, 2024

Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More

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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

James L. Arrasmith
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answered on Jun 17, 2024

To create a valid trust for real property in California, the following elements must be present:

1. Intent: The settlor (person creating the trust) must have a clear intent to create a trust.

2. Property: The trust must hold identifiable real property located in California....
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'

DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More

James L. Arrasmith
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answered on Jun 16, 2024

Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:

1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'

DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More

Julie King
Julie King
answered on Jun 16, 2024

When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More

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