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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
answered on May 28, 2024
Thank you for your question!
The document filed electronically are usually labeled as"Electronically Filed." Those filled in person are labeled as"filled."
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and... View More 
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
answered on May 27, 2024
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A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you... View More
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
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answered on May 25, 2024
Based on the details you provided, it seems like there are a few issues at play here:
1. The original closing date of May 7, 2024 has passed without the escrow being able to close. This could be due to various reasons, such as issues with funding, title, or other contractual obligations not... View More
I own my condo and have occupied just over one year. My next door neighbor, also an owner/occupant, has lived here for 2-years. Neither of us has received any communication from the HOA, minutes, meetings, ballots, financials, etc. When I first started down this road in 2023, I couldn't even... View More
answered on May 25, 2024
Thank you for your question!
You can find the information about the HOA in the package of closing documents. You can ask the sales agent. Also, you can search online for the subdivision or community name along with HOA.
This is merely a discussion of general laws and not legal... View More
I own my condo and have occupied just over one year. My next door neighbor, also an owner/occupant, has lived here for 2-years. Neither of us has received any communication from the HOA, minutes, meetings, ballots, financials, etc. When I first started down this road in 2023, I couldn't even... View More
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answered on May 24, 2024
To find information about your HOA in Long Beach, CA, you can start by reviewing your property purchase documents, which often include the name and contact information for the HOA. You can also check the public records at the Los Angeles County Recorder's Office, where HOAs typically file... View More
If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?
We would want the deed to list all owners as "joint tenants".
Would we have to add to the deed that the married... View More
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answered on May 23, 2024
Under California law, community property generally refers to assets acquired during marriage, but inherited property is considered separate property unless commingled with community assets. If you inherit property and want to ensure it remains separate, it's important to clearly state this... View More
If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?
We would want the deed to list all owners as "joint tenants".
Would we have to add to the deed that the married... View More
answered on May 25, 2024
Thank you for your question!
1. The property that is obtained through heritage is separate. In California, the tracing method is used for the classification of the properties as community or separate. When tracing back the source of the property (here it is heritage), comes from a separate... View More
The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.
answered on May 28, 2024
Usually zoning laws determines what density for real estate development is allowed.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.
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answered on May 22, 2024
In California, cities are required to follow certain procedures when it comes to land use planning and development, including providing opportunities for public input and engagement. However, the specific requirements can vary depending on the type of project and the applicable zoning regulations.... View More
Two friends buy a house in California (JTWROS). Friend A puts down $50,000. Friend B does not contribute financially. When the time comes to sell the house do they split the $50,000 down payment in half or does friend A receive it all back?
What if Friend A told Friend B he was gifting him... View More
answered on May 22, 2024
Thank you for your question!
A. No Gift: The agreement or intention of the parties at the time of the purchase of the property governs their interest regarding the property share or sale proceeds rather than the $50,000. All the contributions will be considered in this allocation.... View More
Two friends buy a house in California (JTWROS). Friend A puts down $50,000. Friend B does not contribute financially. When the time comes to sell the house do they split the $50,000 down payment in half or does friend A receive it all back?
What if Friend A told Friend B he was gifting him... View More
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answered on May 22, 2024
In California, when two friends purchase a home as joint tenants with right of survivorship (JTWROS), the distribution of the down payment upon sale depends on the specific agreements and circumstances between the friends.
Scenario 1: No mention of gifting the down payment
If Friend... View More
I just acquired house from late father's trust. Been married 45 years.
answered on May 21, 2024
Thank you for your question!
Under California laws, Assets obtained through heritage are separate properties even if during marriage.
The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in... View More
I just acquired house from late father's trust. Been married 45 years.
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answered on May 21, 2024
Since you acquired the house from your late father's trust, it is likely considered your separate property rather than community property under California law. However, there are a few important considerations:
1. Commingling: If you use any community funds (e.g., income earned during... View More
I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More
answered on May 21, 2024
Attorney Keshvarian is absolutely correct. I will only add is that you should factor the cost of paying a lawyer to litigate versus the cost of repair. Consider sitting down with the neighbor and discuss the cost of repair (get estimates before the sit down) and try to determine the cost to each... View More
I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More
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answered on May 21, 2024
In California, the responsibility for repairs and maintenance of an easement depends on the specific terms of the easement agreement and the nature of the damage. Generally, the owner of the servient tenement (the property burdened by the easement) is not obligated to repair or maintain the... View More
I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More
answered on May 21, 2024
Thank you for your question!
Some things need to be clarified for an answer to be given. What are the positions of the properties (your property and the neighbor's) regarding each other? Are you down the hill?
Both of you who use the driveway must take care of it and maintain... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 27, 2024
1. DO I have to change the deed at reg/recorder's office and risk reassessment?
No you do not have to for now unless it is too the best interest of the beneficiaries of the trust (and the interests of the trustees are not considered in any decision about the management of the trust... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 20, 2024
I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).
HOWEVER, you also mention that you are the only heir. If... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 19, 2024
The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 19, 2024
1. Changing the Deed and Reassessment
When your mom, the original trustee, passed away, as the successor trustee, you typically have the responsibility to manage and eventually distribute the trust's assets according to its terms. Here's what you need to consider regarding the... View More
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