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Robert Miller

Robert Miller’s Answers

1,689 total


  • Is changing/substituting an attorney the big issue in legal profession?

    I am in Health Care profession. A patient is highly recommended to look for another doctor in case he or she is able to have the best or better care and treatment. I do not realize that changing an attorney is the big issue in legal prof...

    Robert’s Answer

    The question is unclear, but every attorney is free to decide the circumstances under which employment will be accepted. Attorneys are in business and cannot pay their bills or support their families by rejecting clients. Substitutions of attorney in most cases are normal, routine, and there are many reasons and sometimes no reason at all for a substitution. In most cases, the "big issue" is not the substitution itself but the expectations of the potential client which often lead to future attorneys to decline employment. As you indicate, "stay positive", listen to whatever reasons are being given for not accepting employment, and take that into consideration when consulting with the next one.
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • How accurate is docusearch as opposed to hiring a local private investigator for an asset search?

    I am legally trying to find assets for a deceased relative. I have read that some firms use illegal tactics and I am weary about choosing that path.

    Robert’s Answer

    This is really not a legal question at all, and it is not clear why you are looking for these assets or where. Online searches sometimes reveal what you are looking for, sometimes professional and licensed investigators can find things missed by others. It is all a matter of time and cost and there is no right or wrong answer.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Can I petition the court for removal of an administrator as I just discovered that I am an legal heir to an estate.

    I would never sign a renunciation form.

    Robert’s Answer

    Removal of an administrator is a question of failure to perform duties imposed by law, which is really not your issue unless you could prove the administrator knowingly and wrongfully failed and refused to notify you in a timely manner of the pending proceeding. Assuming you "just discovered" you are an heir, suggests that you are the only one that knows and a petition to establish your claim to heirship would ordinarily be your next step. Employ an experienced probate attorney in the county where the probate proceeding is pending.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Why won't an attorney take my case? I was assaulted by a Fry's Foods security guard for recording video in the store!

    There are absolutely no signs posted saying you cannot take pictures or record video on the premises. Not only did he assault me, but he came up from behind me while I was recording & grabbed my iphone out of my hand & crushed it, shattering the s...

    Robert’s Answer

    I cannot answer for any attorney other than myself. Attorneys are in business, and do not get paid unless they take a case. When they do not take a case there are many reasons ranging from being too busy, to a case being too small to be economically viable, or because they see the potential client as being unreasonable and/or having unreasonable expectations, or a lack of proof of actual damages, etc., etc. Certainly, if a client is willing to pay a reasonable fee it may be easier than where the client expects it to come from the "millions" the client sometimes thinks he is entitled to. Simply stated, continue to interview lawyers and discuss the terms of employment until eventually you find one willing to accept your case.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • My Lawyer has been censured !!!

    Just found out in the middle of my case my lawyer got censured for practicing while ineligible. What is that and what happens with this violation ? He also has other violations previously.

    Robert’s Answer

    The question is not entirely clear as to whether the lawyer represented you while ineligible, which would be an even bigger violation. While we do not know what the other violations were, whether paying his license renewal fee late, or a technical violation involving a trust account, you have a right to know if it was something effecting his ability to competently represent you. If you are otherwise satisfied with your relationship and your representation, then any such violations may be less important to you than the quality of services you receive. Talk to your lawyer about it. If you are dissatisfied about anything or even nothing and want to change your attorney, you have an absolute right to do so without any explanation or reason.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • What can my mother do?

    Non relative Power of Attorney is getting credit card in my grandmothers (96 years old with Alzheimers) name and using them on herself. One credit card had a balance of 15,000 dollars and none of it was used on my grandmother (house is falling apa...

    Robert’s Answer

    It is fraud, it is theft, it is elder abuse, it is a breach of fiduciary duty, and more. A full accounting and damages may be indicated. Contact an elder law attorney in the place where your grandmother is residing who will discuss the available alternatives.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • How would I file Power of Attorney in Clark County, Nevada?

    My father is in prison in Indian Springs, NV and I need to file for Power of Attorney for him. I have what I assume is the necessary paperwork that was signed by him along with an "Under Penalty of Perjury Statement" since I was told there was no ...

    Robert’s Answer

    A power of attorney does not get "filed" anywhere, although they are sometimes recorded in the county recorder's office where used in connection with the transfer of real property. If the particular act requires notarization, such as a deed, then the power of attorney would also require notarization. Otherwise, it depends upon the purpose for which it will be used, and each person or entity to which or to whom it is proffered as your authority to act on your father's behalf will tell you the sort of authorization they will require. For example, what a bank requires may probably vary from what would be required to transfer ownership of a car, etc., etc. In short, if you have a specific plan or need in mind, contact that person or entity and determine their requirements first.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • What is tax ramification on a gifted deed?

    In 1988 parents gifted deed to 3 of the 4 children with the understanding that the other child would received there share. In 2011 Mother passed away and now we are wanting to sell the property and one of the children is wanting to buy out everyon...

    Robert’s Answer

    The possible tax ramification is a transferred basis, the difference between the price your parents paid and the price of sale could be a capital gain taxable at the capital gain rate at sale unless there is an applicable exemption. There are also local property tax issues, but the major issue is the uncertain interest of the 4th child and whether or not a fair market value is being offered for the respective shares. Co-ownership leads to all sorts of complications and if there cannot be full and complete agreement among one and all, then there are court actions (partition) available to force a sale and division of proceeds. The 4th child may have a separate constructive trust issue which will also have to be addressed. Consult with an experienced real estate attorney in the county where the property is located.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • Is it legal for one owner of a 50/50 shared property to secure mortgages on the property without notifying the other owner?

    My ex secured 2 mortgages on the property we still jointly own even though we are divorced. Is this fraud? If so, do I file as a civil case or family law case based on our divorce?

    Robert’s Answer

    Theoretically your ex husband could encumber (mortgage) his half interest only, without effecting your interest. The divorce decree may possibly shed more light on this and you should take whatever divorce papers you have and consult with an experienced attorney as to whether you have any remedies.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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  • What are my option

    My husband passed in 2012 he had taken out a mortgage on out home at the age of 85 with countrywide .. my name was not on note at his age he could not get mortgage insurance..my name was on the title to house but I was told I had to quit claim to ...

    Robert’s Answer

    If there is some equity left in the house, you may be able to work out an employment arrangement with an experienced real estate attorney. If there is no equity, then you probably could just forget about it and move on.
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    If you like the answer, please click “best answer” or “helpful”, its good for your Karma
    **************************************
    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

    See question