California Real Estate Law Questions & Answers

Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

1 Answer | Asked in Real Estate Law, Tax Law, Probate and White Collar Crime for California on
Answered on Aug 24, 2016

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary cannot be required to use their own funds pay a debt owed by a decedent, unless they were a joint debtor or account holder.

First off, you should know that debts do not die with the debtor,...
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Q: If i bought a house with someone else he passed away does his wife get his half? She was never on the loan or title?

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Aug 20, 2016

It depends on how you held title. The vesting is usually expressed as "joint tenants" or as "tenants in common." If you are joint tenants, then you will receive his half, since you will have the right of survivorship. If you are tenants in common, then you will not receive his half.
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Q: If i bought a house with someone else he passed away does his wife get his half? She was never on the loan or title?

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Aug 18, 2016

Not necessarily. It depends on how the title to the house was held. It is possible that the entire house became yours when he passed away. It is also possible that his share was distinct from yours and when he died, the share was subject to disposition according to his estate planning wishes (e.g. his will). If he had no will, then intestacy may apply in which case the answer depends on whether he had kids and, if so, how many.

In short, there is no easy answer. It depends on many,...
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Q: my mom passed away last year what do i have to do to change my mom's house under my name?

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Aug 18, 2016

It depends on how the house was titled and what estate planning documents (e.g. will, etc) your mom had. You may have to go through the probate process. You are not automatically entitled to your mom's house just because you were your mom's daughter.
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Q: at the time my mother passed away i was living in her home providing hospice care to her.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for California on
Answered on Aug 17, 2016

Yes, as a tenant in the home, you must be given notice to move. What notice you are entitled to depends on the circumstances.
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Q: When I die I'd like to leave a property I own in another state to the tenants who rent it.

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for California on
Answered on Aug 17, 2016

Yes, you can do that. You will have to make a will in order to do that. I assume that the property is not quasi-community property.
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Q: In CA dad died intestate, made heir w/ brother, been paying mortgage. Selling house, can we get paid back?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for California on
Answered on Aug 17, 2016

Creditors of the estate must be paid before any beneficiaries receive any inheritance. If you have been advancing money to the estate, then you are also a creditor and you can make a creditor claim. Even if not required, you may want to go through a formal probate petition to sort out what creditors get paid.
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Q: My security deposit is not returned and I'm being charged for cleaning. Is that legal?

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for California on
Answered on Aug 9, 2016

Hello. California law allows a landlord to use a security deposit for four purposes: 1) unpaid rent; 2) for cleaning the unit, but only to make the unit as clean as when the tenant first moved in; 3) for repair of damages, other than normal wear and tear, caused by the tenant or his/her guests; and 4) if the lease allows it, for the cost of restoring or replacing furniture, furnishings, or other personal property, aside from normal wear and tear.

Importantly, the landlord can only...
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Q: Is it illegal for me to go into private property to go look for my dog?

1 Answer | Asked in Animal / Dog Law, Criminal Law and Real Estate Law for California on
Answered on Aug 4, 2016

Yes, it's a trespass. You could be sued. You could be arrested. Assuming you can differentiate your dog's crying from a generic dog cry, your next step is to call the police and have them investigate.
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Q: California trust leaves a house to 3 children equally, one is a minor (5 years old). How will title be held? Trust says

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Jul 30, 2016

The trust can continue to hold the interest for the minor. To change the terms of an irrevocable trust, you would need a court order. To get that, you would petition the probate court. Honestly, it's easier to stay in the trust, because that doesn't require court supervision.
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Q: How after the sale of a home for 190,000 could no money be left for the saler?

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 29, 2016

That's possible that there are no proceeds to distribute after the sale of the property. Ask for a copy of the closing statement and any receipts for payments to other creditors. You may be entitled to an accounting.
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Q: Need a pro bono attorney for Long Beach CA or nearby. Home under auction, mother and son on deed.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on Jul 29, 2016

First, you're not going to get a pro bono attorney to take this case. Second, you need an attorney to review your documents for a full consultation.
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Q: Mother removed my name from deed on my house father gave me. Left the mortgage loan in my name. FRAUD!

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 29, 2016

How did your mother remove your name from title? You may be able to bring legal action to remedy this.
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Q: Can I sue my mother in law for a rent to own agreement. I paid my home off she taken multiple equity loans.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Jul 29, 2016

If your mother in law had title to the property, then she is entitled to encumber her interest.
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Q: If my dog got out and I go look over peoples fences to see if my dog is in their back yard, would I get in trouble?

1 Answer | Asked in Animal / Dog Law and Real Estate Law for California on
Answered on Jul 29, 2016

As a courtesy, knock on the neighbor's door and ask to look for your dog.
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Q: Hello, can you transfer property title if the person is out of country and physically unable to come to the U.S?

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 29, 2016

Yes. A notary can acknowledge his signature where he is. If the country is a signatory to the Hague Convention, then an apostille would validate the notary. If the property is in California, then he deed would have to conform to California law for recording.
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Q: Mother and son on deed of home, mother is only on mortgage loan, she pulled out $260k of equity, son never knew.

1 Answer | Asked in Identity Theft and Real Estate Law for California on
Answered on Jul 29, 2016

An attorney would have to review your documents to give you a full consultation. It depends on whether the mother only encumbered her half of the property. If she did, then a trustee sale would only be as to her half. If she somehow forged the son's signature, then that's a different story with different consequences.
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Q: Ingress/egress easement for property in California

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 29, 2016

Yes, you would need an agreement with your neighbor if you want to obstruct the easement with a gate.
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Q: No what is a transfer ? Does that take me off the loan too? And how do I get him to pay me the 20k he owes me then?

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 29, 2016

I assume that you co-own a property with someone else. Transferring your interest in the property does not remove you from the loan. And once you transfer your interest, you won't have a good way to have the co-owner pay out your $20k interest.
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Q: Removing my name from a house

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 27, 2016

Did you transfer your interest in the house to your ex-husband already? If so, then your name should already be off the house.
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