Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.
You have posed a multi-part complex question that only be definitively answered by a talented real property/bankruptcy lawyer in California. For instance, you cannot just waltz down to the court house and "take your name off" a mortgage. You are also resident in a community property...Read more »
I've been living in the same house with both my parents for 20+ years and we're all on the title to the house as TIC with each of us having 1/3 interest on the house. About 4 months ago my dad passed, leaving a Will saying that his entire interest in the house (basically his 1/3) goes to... Read more »
State inheritance laws do not dictate who is liable for loans after a borrower passes if the estate does not cover them. However, there is a federal law that prohibits lenders from calling residential mortgage loans due if a borrower passes. Of course, if the heirs don't keep making the...Read more »
For example, In the case of a simplified probate where the decedent only had their share of the house that they shared with two other people (including the adult child) and that share were to be passed down to the adult child via Will. Since the adult child is entitled to receive that remaining... Read more »
An administrator or executor can waive their fees. If they do so, the estate doesn't have to pay them. The fees for court filing, publication, appraisal, etc. will still have to come from the estate. So will any attorney fees. So, if you are the sole beneficiary and are appointed executor,...Read more »
For instance, a married couple decided to borrow a mortgage together. However, some years later one of the borrowers dies. I understand that the surviving spouse takes over the payments assuming they are still financially able to, but wouldn't part of the mortgage be part of the... Read more »
It depends. California is a community property state so, assuming the debt is a joint debt, it's likely either spouse will be required to pay the full amount due -- but it will depend on the language in the paperwork you signed when you originally received the loan. A lawyer would have to read...Read more »
Is there any circumstances where a CA. Licensed General contractor can be paid for a home inspection and be hired separately for the nessasary repairs to the same home? B&P code says that home inspectors performing repair work can be considered as unfair business practices. Does that mean... Read more »
You’re talking about CA B&P 7197. The law is pretty clear and the circumstances where a company performing a home inspection can also perform repairs are very narrow and limited: like roof repairs pursuant to a roof certification inspection or termite repairs pursuant to a termite report....Read more »
I just purchased a new home and cannot afford two mortgage payments. I have nearly $300,000 in equity and wish to sell and retire. The tenant claims her lawyer states she can stay for 60 days. She also told me she will refuse to let anyone enter the proper who is interested in buying the home.... Read more »
I’m so confused and stressed out and only been renting here 3 months. My landlord told me because they were evicting the other tenant who is also my friend that I had to go too. Since day one I have had not one moment of peace. There are 3 of us renting rooms at this private residence. Even... Read more »
I also believe that this is a retaliatory eviction I had no idea this was coming because I do my best to follow rules and not jeopardize my tenancy. On Jan 17 I was served with a 3 day covenant or quit it said my property in on and around the rental property was hazardous waste and according to... Read more »
My partner and I recently bought our first home last summer. The whole yard had been renovated with trees along our neighbors metal fence. Since moving in, the neighbor has informed us that due to the soil along the fence, when it rains the water and mud runs off into her driveway. She's... Read more »
You know, this is So Cal. The rainy season lasts maybe 4 days over as many months. Get a square shovel and a push broom and go clear her driveway after the rain like a good neighbor. I bet she would appreciate the effort. Home Depot sells 5 gallon buckets so you can return the dirt to your yard....Read more »
It is not required in California to have a real estate attorney, but given that the seller already has a buyer, i.e. one co-owner is selling their share to the other co-owner, would it possibly be cheaper to have a real estate attorney draw up documents instead of a real estate agent?
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed... Read more »
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to...Read more »
We were suppose get out house today but the builder called and said it moved till Monday. This is created lot of unnecessary chain of events. Like we had to move the delivery dates, take additional day of etc. beside that we the home has an attached rental unit and they are suppose to move in... Read more »
Very unlikely that it is worth pursuing, because the general standard applied to construction contracts is "substantial performance". However, take a look at your contract. If it says "time is of the essence", or provides for damages for delay, or makes a very specific...Read more »
My grandmother had a will but couldn't sign it due to her illness in 2004 (she passed away the same year), despite that, things in the will were still distributed to those intended by my grandmother. It was intended for my grandmother's house to be left to me and my sister,specific... Read more »
Your question is much too complicated and fact-specific to be answered in an online forum such as this. Generally, an unsigned will is not a valid will. Agreements regarding real estate must be in writing. Title to real estate must pass according to the established rules, or else court action is...Read more »
I should refinance both properties now because I can save money with the low interest rates on mortgages. One lender suggested that I consolidate the two loans and pay-off the loan on my future rental property. But I wonder if I will benefit more (because of the tax benefits) if I maintain the loan... Read more »
I suggest you build a good spreadsheet and analyze and compare individual scenarios as they arise.
Jonathan Purcell is a California Attorney. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be...Read more »
The guard said he was going to get my deposit taken and me kicked out the room. The hotel also,on three occasions tried to take the deposit without informing me. Management will not speak to me,concerning my qualms.
I live in Chino, CA in a 50-100 unit apt owned by a LTD company. I've lived here for about 5 months and already feel mistreated. I've had prior issues and now I am having parking issues. Today I received an email from one of the mgrs saying she noticed one of my cars in the same spot for... Read more »
The owner of private property can set the rules for how that property is used, including reasonable parking restrictions for permissive parkers. You are a permissive parker because you don't have a "right" to any particular parking spot. If you don't move the car, they can...Read more »
I'm looking to purchase a property with my partner in the name of a trust to improve our privacy and create the framework for future estate planning. We're unmarried with no kids or other assets. Is it acceptable to have a joint living trust for an unmarried couple in CA? Does this... Read more »
Sorry, I'm sure this is not an original question, but here it is.
My name is listed as one of two on the deed of a property. There are no banks nor outside liens against the property. Party Two physically lives on the property, while Party One (me) would like to live there. However,... Read more »
You can file a court action for "partition". The court will order the sale of the property (assuming physical division is not appropriate). Often, once such an action is filed (sometimes just after getting an attorney letter that filing is imminent) parties will work out a settlement...Read more »
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