Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... Read more »
Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without...Read more »
I was told taxes were paid out of family trust, I have resided on this property for 15 years . My brother and sister were suppose to be signing me as sole ownerbut My brother unexpectedly passed away and he never switched into my name. He told me the property taxes were all paid but I found out... Read more »
There is an area of law called “squatter’s rights”, which allows people who continuously live by themselves in vacant property for a certain period of time to apply for ownership. Each state has different rules and requirements to gain ownership. It’s hard to tell if these laws apply to...Read more »
recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees. The fees were not stated on the lease and I have been finding out about them as I go. he First asked for a utilities fee and then a renters insurance and now he wants another payment... Read more »
You should review the lease agreement thoroughly. If those fees are not started in the lease then the landlord has no grounds to make you pay them. Regarding your question about backing out of the lease and getting a refund, you should consult the lease as well because you may be in beach of...Read more »
The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »
If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in...Read more »
My father passed July 18 22 . I learned a couple months prior, that my controlling mother separated 40yrs made him change everything from my name to hers by telling him he would not have health coverage if she divorced him and he owed her. He told me this and she also told me it was not my business... Read more »
You would have to first prove that his transfer to her was not voluntary (under undue influence, lack of capacity, or fraud) and it took place within the statute of limitations. The claim (if any) belongs to your father's estate and would have to be filed through probate court. Talk to your...Read more »
Recently we've been informed about unexpected emergency assessment of $9K per unit (total 364 units). The decision has been made by BOD without any prior discussions, notifications, etc. When we asked BOD to show any objective evidence (inspections reports) that requires emergency status for... Read more »
The procedures for elections and removal of officers will be governed by your CC&Rs. An attorney can help you understand the procedures and guide you through the process including help with implementation.
A review of more records will determine who is responsible for maintenance and for water diversion. Neighbors or landowners connected by agreements or easements may have a right to enforcement. Consult an attorney to send a demand and follow with suit including restraining order and injunction.
This is stuff I acquired throughout a lifetime my my welder was Brad new never been used But I acquire the stuff throughout the years I don't have receipts for it anymore Also he kept my medicine even after I told him that I needed it and it was important can I still get compensated Even... Read more »
My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically...Read more »
If the person is a danger to themselves or others, call the police and ask for a 5150 assessment. A restraining order cannot be used to evict an unrelated co-tenant. 60 days seems to refer to a notice to vacate, but currently evictions in Alameda County are only allowed in very limited...Read more »
No elections. Yet the management company continues to collect dues and never give owners financial reports. Repairs are either not done or it takes forever. HOA has been suspended by the FTB till now. Management company had been suspended for about 10 years then now becomes active again.... Read more »
Consult an attorney. HOA elections should be held and perhaps you want to run for office. Talk to other HOA members and get a sense of what the majority would like done. The new HOA board can hold the management company accountable, especially if they are acting without any true authority (might...Read more »
We'll start with the deed. With the joint tenancy, when Dad dies, the survivor (Mom) gets the property. However, if Dad received an order or judgment in the divorce which said the property will be solely his, that should be enforced to reform the title [removing Mom]. Now who gets it? It...Read more »
Each unit is assigned 1 parking spot. Renters are using their designated parking spot to park their non-operational car and have created a 2nd “parking spot” to park their operating car. That 2nd “spot” blocks the path going in & out of the back gate creating a safety hazard and just... Read more »
The HOA referred to creating or designating a "no parking area." This might be distinct from enforcing the existing rule of "one parking spot." If there is an applicable rule in place, a meeting and a vote is not required. Ask the mgmt company what they mean and why a vote is...Read more »
The city has allowed warehouses to box my house in on all four sides and for the past few years, it has been a living hell with warehouse owners, construction workers, and big rig drivers, noise, etc. My children can no longer be outside to play. I tried Personal Injury attorneys, but they said... Read more »
I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house
Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that...Read more »
I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... Read more »
Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,...Read more »
California recognizes the board certification for civil trial advocacy. This is a somewhat broad specialization, so be sure to find out if the attorney has prior practical experience with extrinsic fraud cases, as there are very specific considerations in such cases. They tend to be very...Read more »
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