my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »
It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out...Read more »
My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »
There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property...Read more »
My grandmother passed november 2018 and left an unsigned deed. This deed leaves the home to her son and nephew. Her son has collected 12000 from the tenants, half the rent was payed none of the bills were. Is that embezzlement or rent skimming?
After one teant moved out (july 15) he came in... Read more »
Moved in with a 1 year lease agreement. #1 A/C tech's have been out 6 times, with issues of wasps, and other issues beyond my control, still not fixed. supposed to be here again tomorrow., this issue has been ongoing for 9 weeks. #2 stove was removed on june 14th, had no cooking source for 5... Read more »
Make sure that your requests for repairs is in writing. You may also consider filing a complaint with the City Code Enforcement Unit. Once a complaint has been filed with Code Enforcement, a code enforcement officer should be in touch with you to take your complaint. From that point and...Read more »
I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5... Read more »
Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can...Read more »
The matter concerns a surety bond. I want to join the surety as an additional defendant, as well as the principal on the bond. The original defendants have not been served because we cannot locate them.
Dear Plaintiff Needing to Amend Complaint: If there is no named defendant whom has filed an Answer to Complaint (which seems likely from my reading of your description) then you are allowed by the Code of Civil Procedure to file a "First Amended Complaint", and the court will accept the filing...Read more »
My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »
An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant...Read more »
Father stated before his death that he wanted his youngest daughter to live in his house because the other siblings were out of the state and already well established, Home owners , with good jobs. Literally on his death bed he told everyone that he wanted his youngest daughter to live in his... Read more »
Estate planning is important. The documents control the disposition of the property unless there are specific circumstances that require a different treatment. You should consult a California Probate attorney to see if any of the exemptions apply.
I sold my condo and bought the house with my girlfriend we both had name on the mortgage loan and Deed. After we live together, she brought her family over (like her mom, sister, brother and niece) then she start used me, she forced me... Read more »
Hi David... I have helped people like you with a process we call a Partition Action. It's always better to agree on it before you go to Court but sometimes you have to take Court action. You should talk to an attorney who handles these type of actions. We also are experienced in Bankruptcy which...Read more »
I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »
Was the property still in parents name or in kids names? If in parents names then sell in their probate. If in kids names then yes probate deceased child’s estate. If under $150k small estate options available. I do probate throughout California if you wish to discuss. My practice is 100% probate...Read more »
Is the executor for our mothers trust. He is the one that drew up the document for me to sign, not to have my name on the title to our mother's property. On Friday my case was dismissed. I left my brother's a message to let them know. They have not called me back. There was no court order... Read more »
Without reading what you signed and understanding what type of case you had, it is impossible to answer your questions. You should bring all of your documents to an attorney to review and give you some legal advice.
If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a...Read more »
This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »
For many years, the current and previous management companies, dictated by the board have pushed, selective enforcement and harassment on the complex. The parking rules stipulate, “2 car’s in the garage andIf you own a third car, you can obtain an annual permit which enables the third... Read more »
Probate was started by "next of kin". House is the only thing in estate but decendant is not legal owner. There's title fraud change here. When I found out all this I got attorney to help me. I wanted to let court know this is wrong and I'm against this probate. My attorney told me yes he can help... Read more »
This is beyond what you can do on your own. You need to hire an attorney to help you. Call a local probate attorney to assist you, or contact your local bar association for a referral to a probate attorney.
Heir did an illegal title change on a house and after mother passed (No Will) heir open probate case and claiming house which did not belong to mother. House really belongs to someone else. This is the only thing in probate. Need to get this house out of this estate. And what to do for Inventory... Read more »
Probate Code section 850 allows for a personal representative or any interested person to file a petition requesting the court make an order where the decedent died holding title to real estate and the property is claimed to belong to someone else. (Probate Code section 850(a)(2)(C).)
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