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California Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for California on
Q: can the trustee convey property into my irrevocable special needs trust with a lean without my consent or knowledge.

If they convey the property with the 1st mortgage then stop paying so that lender calls loan due on sale to pay lender off and trustee:/seller agent

James Edward Berge
James Edward Berge answered on Jan 27, 2020

Assuming the trust agreement authorizes the trustee to accept property from any source, whether encumbered or not, beneficiary or trustor approval is not required.

3 Answers | Asked in Real Estate Law and Probate for California on
Q: How can one trust beneficiary purchase shares of a home from two other beneficiaries? Revocable trust.

I understand successor trustee can grant deed 1/3 of property to me, as parent to child transfer, then I can purchase my two brother's shares through escrow. What are the details of this process?

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

One option would be to discuss what you want to do with a local title company and open an escrow with the title company. You deposit the purchase price and your siblings signed a deed to you and deposit it into escrow, and the escrow agent records the deed and disburses the funds to them. It is a... Read more »

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Stepdad deeds property to foster son who dies before him, his wife lives there, mom dies. No wills. Who can claim?

No wills were made for any of them. Foster son's name is still on property. Stepdad was in convalescent home, had dementia when deed changed and died in 2016. His foster son (my brotherinlaw, who has 1 son with my sister, 3 kids from another marriage and my niece, who isn't biologically his) died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

This is complicated set of facts and beyond the scope of basic legal questions that can be answered in this forum. You need a personal consultation with a probate attorney, who can look at the chain of title and review all of the facts. It might be the correct remedy it a quiet title action to... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Timothy Denison
Timothy Denison answered on Jan 22, 2020

Yes. Not only common but required in some jurisdictions.

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can an exactor of an estate sign off on a reconveyance
James Edward Berge
James Edward Berge answered on Jan 7, 2020

It's the lender who signs off on a deed of reconveyance when a loan secured by real property has been paid in full. If the decedent and/or the decedent's estate loaned money to someone and received payment in full, yes, the executor of the estate would sign off on the deed of reconveyance. No... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: brother with two children and sister inherited house from mother in california, brother died who does his share go to?
Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2020

It is not possible to answer your question without knowing whether the decedent was married, whether he had a will and exactly how the house was titled.

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1 Answer | Asked in Real Estate Law for California on
Q: Easement syntax: A right of way and easement, for all purposes, into over and across, upon and in and to ...

Hello Lawyers,

I own an Easement in California which crosses 4 lots.

I use it everyday for ingress/egress.

Sometimes I "maintain" both road and bridge on the easement.

I assume it is clear of legal entanglements.

The Easement was granted in 1915.

It... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Jan 6, 2020

It’s possible that this gives you a very broad easement.

But to give you a firm opinion an attorney would need to look at the subsequent title history of all the properties involved as well as any recorded court history as it is possible the easement was lessened or revised or cancelled...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My father passed away, my mom now owns their home. Will she end up paying capital gains tax if she airbs her home out

Home in California, bought for 45k in the 1960s and now worth a million.

James Edward Berge
James Edward Berge answered on Dec 27, 2019

If it can be established that their home was held as community property, then the adjusted basis of their home would have been stepped up to its full fair market value at the time of your father’s death for income tax purposes, meaning there would be no capital gain as of your father’s date of... Read more »

1 Answer | Asked in Real Estate Law and Probate for California on
Q: My sister passed away 2 months ago & left no will. I was told that without a will her "separable" assets go to our mom.

Is this understanding correct? What about money used from a sale of a home that she solely owned before marriage to purchase a new home jointly with her husband? Can you explain exactly what is "separable" assets. Thanks

Nina Whitehurst
Nina Whitehurst answered on Dec 21, 2019

You probably mean what is referred to as "separate property". Separate property is property owned by a person prior to marriage and not commingled with community property after marriage. Inherited property is also separate property. As a general rule, property acquired during the marriage using... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My brother and I own our condo. I still live there. If he dies, who gets ownership, me or does the wife get half??

He moved out when he got married..

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Dec 17, 2019

PROBABLY his wife.

Look at the deed. If it says you are "joint tenants" then it means you get it automatically on his death.

HOWEVER, if he paid for it with money after his got married, then that portion will belong to both him and his wife as community property so he may not have...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Hello, I have a question regarding a property currently owned in an LLC (see below). Thanks for your answer. Peter

My wife and I own a condo in Los Angeles for about 10 years. It is titled to an LLC ( LLC under both our names) for about 5 years, when we put it out for rent under the LLC business.

Since 1 year, we moved back and live in it. The LLC has no other business at the moment.

Thinking... Read more »

Jonathan Purcell
Jonathan Purcell answered on Dec 16, 2019

In general a transfer of property between an entity (such as an LLC), to one or more individuals will trigger a change in ownership and a reassessment of property tax. An exclusion provides that transfers between individuals and entities in which the proportional ownership is unchanged are not... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My grandfather left a will which was a house to his daughters but my mother past away do I get her part of the house

Does my mothers part of the house/ will go to her sons and daughters since she past away

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

Much more information is needed to answer your question. Did your mother leave a surviving spouse? What does her will say? How much debt does she owe? Did she obtain any MediCal benefits before she passed?

1 Answer | Asked in Real Estate Law for California on
Q: Does my sister-in-law need a real estate lawyer to sell her condo in California?

My sister-in-law lives in Duarte, CA, and wants to sell her condo. Her partner, a joint tenant on the mortgage, moved out 10 years ago without a specific forwarding address in Las Vegas. My sister-in-law has made the full mortgage payments since. What are her options?

Bahram Madaen
Bahram Madaen answered on Dec 8, 2019

She can bring an action in the court for partition and/or sale of the property. Her partner could be served by publication after a reasonable search. It cost money, but it is doable.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for California on
Q: If you maintain the claim of Ownership to a home that is NAMED by other in deed.How can you prove that you have right
Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You hire an attorney to file a quiet title action (court case) for you. This state of affairs usually is the result of having failed to hire an attorney when you acquired your interest. That would have been cheap. The quiet title action is going to be way more expensive. Preventing problems is... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for California on
Q: i was to submit a motion for summary judgment but i was told to file a declaration of undisputed facts why?

I lost a default judgment to A SET ASIDE because of faulty proofs of service however I have a CHANCE TO WIN BASED ON THE MERITS OF THE CASE BUT THOUGHT TO FILE A MOTION FOR SUMMARY JUDGMENT BUT AM TOLD I HAVE TO FILE A DECLARATION OF UNDISPUTED FACTS WHY ?? I AM THE PLAINTIFF AND HOW DOES ALL... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2019

Review California Rules of Court, Rule 3.1350 - 3.1354, and Code of Civil Procedure 437c. A motion for summary judgment must include some type of evidence, which may be in the form of a declaration, that establishes for the court that there are no defenses available to the defendant and that you... Read more »

2 Answers | Asked in Criminal Law and Real Estate Law for California on
Q: I purchased items online but I put the previous address instead of my current one. I can't reach the new homeowners.

I'm I allowed to grab my packages off their porch?

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 1, 2019

Why not contact the company tou bought the items from and update the correct address. Also since you live close enough to go pick up the items off their porch (bad idea) just drop off a letter asking them to contact you when the items arrive.

Otherwise with everyone having Ring video, you...
Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: What’s the maximum discovery sanctions one may request, as a pro per?

I requested formal discovery from opposing counsel. Opposing counsel failed to provide the Requests for Production of Documents and Tangible Things on or before the deadline. I am filing a motion to compel and would appreciate it if you would guide me as to what the maximum monetary limit in... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 19, 2019

The maximum sanction that you can ask for is your attorneys fees and costs. If you are pro per, you have no attorneys fees to collect, so you will be limited to "costs." For you that probably means your $60 motion fee (presuming you paid one, if you have a fee waiver this is not recoverable), and... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Are there Real Estate Regulations governing changes to a 55+ Rental Property by a new owner?

I live in 55+ apartment listed to be SOLD.

I am retiring and will live on a fixed income and am concerned about my ability to continue to live here under new ownership. Am I protected in any way in this transaction?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

If you have a lease, your lease is unaffected by the new ownership. It will remain in effect. At the end of the lease term, the landlord may want to change the terms of any new lease. If those terms include a large rent increase or effectively force you out of the unit, then you may want to talk... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What is the right way for me to get him out of my property, without losing my last 3 months rent and the hay money?

I leased out 3 acres of my property to a guy for raising 4 cows. The leasing contract expired few months ago but we both agreed to continue the lease.

For the last 3 months he stopped paying the due rent money, also in many occasions, fell short to provide hay for his cows, so I had to buy... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You will need to follow the unlawful detainer process, which is the awkward way we say "eviction." Generally speaking, this will require a legal notice to the tenant to pay his rent or some other ground to evict him. These are often short notices, 3 to 5 days. If the tenant doesn't comply, you... Read more »

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