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My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.
answered on Jan 22, 2025
What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to... View More 
their house (in CA) is in the trust. 2 years ago dad died and mom declared incompetent (dementia), at that time an estate plan lawyer did the trust certification that brother and I are now the succesor trustees-but (i think) our names werent put on the title yet, A refinancing was done last year to... View More
answered on Jan 13, 2025
The lawyer is right if neither your brother or you will move into the home and make it your primary residence. This resulted from a ballot initiative a few years ago that was called, in essence, the Home Protection for Severely Disabled, Elderly and Victims of Natural Disasters, otherwise known as... View More
50K Line of credit "called due" in 3 months; I originally had defaulted on it and they ended up just putting it on my home loan in my understanding was that whenever I sold the house or I died or whatever… That loan since it was attached to my house would be paid off at that time… It... View More
answered on Jan 4, 2025
Whether it can be called due depends on the written terms of the line of credit. Typically, if it is a deed of trust, it will have terms that allow it to be called due or accelerated and foreclosed. There are many alternatives to foreclosure including a loan modification, bankruptcy, sale of the... View More
She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA
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answered on Dec 23, 2024
If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More
Whom ever bought the 2nd? Do I have to give my home/retirement to 2nd mortgage buyer? This is in California
answered on Dec 20, 2024
If your second mortgage foreclosed on you, you are no longer the owner of the home. There is no need to pay the first mortgage. Whoever purchased the property at the foreclosure auction will have to pay your first mortgage if they want to keep the property. All hope is not lost though, you may be... View More
Three of us joint tenants in California would like to put our home in the family living trust.
We plan on keeping our home in our family for generations to come.
Do you recommend one deed over another: grant, warranty, quitclaim, etc.?
Can any of the deeds cause issues for... View More
answered on Dec 13, 2024
Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More
Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.
A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More
answered on Dec 13, 2024
You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More
I inherited the property as equally shared between my mom (decedent's sister), my sibling, and I. From prior research, I thought we would have to "assume" the mortgage, but now I see that we could be "successors of interest"? Would we be able to stay as... View More
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answered on Dec 13, 2024
IF THIS IS A HOME, pursuant to the Garn-St. Germain Act, the lender cannot call the loan due solely because the borrower died and relatives now own the home. But the lender can foreclose if the payments are past due.
Pursuant to other federal regulations, none of the inheritors must... View More
Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.
Me:... View More
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answered on Dec 5, 2024
The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More
I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More
answered on Nov 25, 2024
You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More
We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More
answered on Nov 18, 2024
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property and am still covering the mortgage and all other expenses and renovations. One brother (I have two older) presented a trust AFTER my mom passed. The trust shows him as trustee to... View More
answered on Nov 10, 2024
If your name was on the deed, there is no way your brother could have legally removed you from the deed. If your mother's portion of the property was placed in her trust prior to her death, then your mother's 50% of the property is subject to the terms of the trust. If your mother did not... View More
I live at and this my primary residence
answered on Nov 9, 2024
Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!
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answered on Oct 25, 2024
Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More
current lease expires 11/29/24, new lease starts 11/30/24. Can I provide written notice to leave 30 days in advance per the current lease and not be obligated under the new one that has not begun yet
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answered on Oct 9, 2024
If I understand the question correctly, your new lease begins the following day after the expiration of your existing lease. You may have changed your mind after signing the new lease, with the same landlord at the same property. You want to know if you can avoid the commencement of the new lease... View More
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More
answered on Oct 2, 2024
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More
They recently passed away, but never paid their portion of the taxes. What can I do to obtain 100% ownership of the land or get the lot split
answered on Oct 2, 2024
Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.
Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.
You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.
Assignments of Mortgage... View More
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