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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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?
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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