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My partner and I own our home as joint tenants, if one of us dies does the property pass without probate, to the surviving owner?
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answered on Jun 12, 2024
Yes, in California, if you and your partner own a property as joint tenants and one of you passes away, the property will automatically pass to the surviving owner without the need for probate. This is one of the key features of joint tenancy ownership.
When one joint tenant dies, their... View More 
My partner and I own our home as joint tenants, if one of us dies does the property pass without probate, to the surviving owner?
answered on Jun 11, 2024
Thank you for your question!
yes, if it is a joint tenancy with right of survivorship, the transference would be automatic and without probate.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I... View More
This is considering the "claim for transfer of base year value to replacement primary residence for persons at least age 55 years." Can we have the property tax paid only in his name, keeping his old prop. tax amount? Or do I have to pay property tax on my full share of the property... View More
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answered on Jun 11, 2024
In California, if you and your senior sibling buy a home together as joint tenants and only your sibling lives in the new home, the property tax treatment will depend on several factors. Here's what you should know:
1. Proposition 60 and 90: If your sibling is over 55 and meets certain... View More
And we were drug into this losing time and money for a erroneous error,we filed a denial,now were in case mgt,frivolous lawsuit
answered on Jun 11, 2024
Thank you for your question!
The facts are very vague about the allegations in the lawsuit against you. Are you being sued for fraud because of the error of the title company and county recorder?
The county recorder does not check or review the accuracy of what it is recording.... View More
And we were drug into this losing time and money for a erroneous error,we filed a denial,now were in case mgt,frivolous lawsuit
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answered on Jun 11, 2024
I understand that you're in a difficult and frustrating situation due to an error made by the title company and county when you purchased a property in California in 2019. The error has led to you being involved in a civil case, which you believe to be a frivolous lawsuit. As a result,... View More
The City of San Diego has an easement for a stormwater drain which bisects me and my neighbor’s property. The drain was installed in 1950 and has since failed and created a sinkhole in my backyard. It has since come to light that the city will need to replace the drain will require a... View More
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answered on Jun 11, 2024
Under California law, the City of San Diego has the right to access and maintain its easement on your property, including replacing the stormwater drain. However, you may be entitled to compensation in certain circumstances:
1. Property damage: If the city's work causes damage to your... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
answered on Jun 7, 2024
Thank you for your question!
The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.
When the trustor passes away, the trust... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
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answered on Jun 5, 2024
To change the ownership of the house from your mom as the primary trustee to you as the successor trustee and sole owner, you typically use a grant deed or a quitclaim deed. Both documents are straightforward, but it's important to ensure they are filled out accurately to avoid any issues.... View More
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
answered on Jun 3, 2024
Thank you for your question!
A member have a write to inspect the list and object before the vote gets final.
If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of... View More
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
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answered on Jun 3, 2024
Based on the information provided and the bylaws you referenced, it seems that there may be some issues with how the board handled the election and subsequent appointments. Here are a few key points:
1. According to your understanding of California law, once the HOA board election is... View More
I received papers from bankruptcy notice of cure payment. Bank wants a reconveyance so lien can be removed. Lenders atty did not file any papers and no one want a to help me
answered on Jun 3, 2024
Thank you for your question!
You need to obtain a "lien release" or "satisfaction of mortgage" document. Notarize and record it with the county recorder where your property is located.
This is merely a discussion of general laws and not legal advice. For legal... View More
I received papers from bankruptcy notice of cure payment. Bank wants a reconveyance so lien can be removed. Lenders atty did not file any papers and no one want a to help me
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answered on Jun 3, 2024
Under California law, when a debt secured by a property lien is fully paid, the lender is required to remove the lien by recording a deed of reconveyance. Here are some steps you can take to have the lien removed:
1. Contact the lender: Reach out to the lender or their attorney in writing,... View More
An RSO apartment building had an (unlicensed) lay person as the on-site manager. OSM began taking over leasing duties when the owner was aged and unable to keep an eye on the building. They rented apartments 40% below market value to friends. We believe they signed the leases with the name of the... View More
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answered on Jun 3, 2024
Under California law, leasing property without a proper license can lead to serious legal consequences, including fines and penalties. If you have evidence that the on-site manager (OSM) illegally leased apartments and committed elder financial abuse, there are steps you can take to address the... View More
An RSO apartment building had an (unlicensed) lay person as the on-site manager. OSM began taking over leasing duties when the owner was aged and unable to keep an eye on the building. They rented apartments 40% below market value to friends. We believe they signed the leases with the name of the... View More
answered on Jun 3, 2024
Thank you for your question!
You can report the OSM and its supervisor to DRE. If the lease agreement is formed by fraud and the claim is still actionable, the lease is void and the tenants have to move out. However, they may be entitled to a proper notice and have claims against OSM.... View More
California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.
answered on Jun 2, 2024
Thank you for your question!
If you are a member of the association, you need to give the demand letter about the violations or illegal activities of the corporation to the board first. You hopefully get involved with negotiation with the board.
If the demand fails, you can bring a... View More
California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.
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answered on May 29, 2024
For enforcing the provisions of the Davis-Stirling Act and the California Corporations Code against your Homeowner's Association (HOA), you have several options. Start by documenting all violations with dates, descriptions, and any supporting evidence. Present this documentation in writing to... View More
I need to prepare the change of ownership for filing (Calif), but we are unable to find two of our brothers. Both are mental health issues. Is there a way to put the house solely in my name (it was my mother's wish, but she became ill before we could prepare a will and I wouldn't feel... View More
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answered on May 28, 2024
Here are some steps you can take to handle the situation of selling the property and distributing the proceeds when two heirs cannot be located:
1. File a petition with the probate court requesting to be appointed as the personal representative (executor or administrator) of your... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
answered on Jun 2, 2024
Thank you for your question!
Joint tenancy ends with the transference of interest by any of the joint tenants. A new tenancy in common is created without the right of survivorship.
For tax exemption, you need to consult with a tax attorney.
This is merely a discussion of... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
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answered on May 28, 2024
In California, a joint tenancy is a form of property ownership where two or more people own equal shares of a property with the right of survivorship. This means that if one joint tenant dies, their share automatically passes to the surviving joint tenant(s) without going through probate.... View More
VS when an attorney submits it in person with the clerk it will be mark FILED? No background for these questions, just need to confirm the difference
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answered on May 27, 2024
Under California law, when an attorney submits a document electronically through an approved electronic filing service provider, the document will typically be marked as "Electronically Filed" or "EFILED." This indicates that the document was filed electronically and not in... View More
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