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Robert Miller

Robert Miller’s Answers

1,678 total


  • I am potential renter, owner rushing me to sign the lease agreement,

    and he will give me instruction on how to send the $800 security deposit and where to pick up the keys, since he left the state and wont be able to meet me in person for a few weeks. owner said there is a FOR SALE SIGN on the property but said not...

    Robert’s Answer

    Anytime someone is rushing you to do anything you are uncomfortable doing, it is a good time to step back. There is plenty of inventory out there and you should never feel rushed or pushed to buy, sell or lease anything until you are good and ready. Since none of us know the true facts, move on.
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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 Realtors "PERSONAL GAIN"?

    My "AS IS "home Escrow day 3,purhcased by a Realtor.MY REALTOR says I should let buyer inside(DURING ESCROW?) to get bids for remodel (BY HER HUSBAND)?Doesnt want me to talk directly to buyer (in my best interest she says?)Makes me uncomfortable...

    Robert’s Answer

    There is too much going on here to properly answer. Most real estate licensees do not wish buyers and sellers to communicate directly for a variety of reasons, some good, and whether or not a buyer has the right to enter or inspect during the escrow depends on the precise language of the contract. "Trust", however, is a bigger problem, and if you are unable or unwilling to discuss and resolve the matter with your realtor, you could possibly ask to deal with his or her broker or other person in the office until the matter is concluded.
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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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  • How do I present a defense argument in small claims regarding a medical debt?

    There are a few twists and turns and I'm not sure how to present my case in small claims. We received notice in 2012 of a medical debt collection. It stated we owed $1780. I sent a letter requesting validation. They sent account statements for th...

    Robert’s Answer

    Assuming you can prove what it is you have stated here, it sounds to me that you may have a proper defense. Because there is very limited time in the Small Claims court, your evidence should be organized, copies for yourself, the court and the plaintiff. If your testimony and documents are organized, you will have a much better chance of prevailing. You might even consult with an attorney ahead of time to assist in organizing your presentation.
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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 sue a boyfriend for mental anguish for deceiving me?

    I was having an affair with someone for 6 years. I thought we were very much in love and based on promises he made to me, started rearranging my life so we could be together. I have now found out it's all a lie. I fell into a deep depression and n...

    Robert’s Answer

    Anyone can sue who can prove false statements intentionally made and reasonably relied upon and who would not have done so had the true facts been revealed, and who can prove actual damages as a consequence of such reliance. Having said that, the prosecution of such a lawsuit would be expensive with no guarantee of success. Consult with an experienced attorney in the county where the intended defendant resides as to whether or not it would be in your best interest to prosecute such an action.
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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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  • Calfornia deposition subpoena - can it be served by mail or must it served by personal service?

    I am receive a subpoena to appear for deposition. I am not a party. I believe I am a witness to some transactions between plaintiff and defendant. I received the subpoena in mail to my office. Do I need to appear? Thank you.

    Robert’s Answer

    A non-party must be served personally. Without your agreement, service by mail would not be proper service. You would also be entitled to a modest witness fee which should be requested at the time you are properly served. As a practical matter, depending on your level of interest (or bias), you could also call and speak to the attorney trying to serve you and try to make some satisfactory arrangement agreeable to yourself.
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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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  • I got told by a process server the company I filed a lawsuit against is hiding under registered agents...

    ... they could only find PO boxes and names now listed as inactive and there was no one for them to serve to - so how can I legally get the summons & complaint served before time runs out? Can a judge offer an extension or to mail the documents to...

    Robert’s Answer

    These are the sorts of questions that most attorneys would try to resolve before they even file the lawsuit. Since there are infinite variations on how and whom to serve depending on different kinds of "companies", what the complained-of activity is, where they and/or their officers are located, etc., etc., it would not be possible to respond to your case in an online forum such as this. You should definitely consult with an experienced attorney convenient to yourself who would have all of the necessary facts.
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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 quash a deposition of a non-party witness scheduled for after discovery cut-off?

    I am plaintiff in a case where defendants borrowed money from me and then transferred money to their children. I am suing for fraudulent transfers against defendants parents and defendants children. Defendants parents fled town and have default ...

    Robert’s Answer

    If the properly-noticed deposition does not actually commence before the 30-day discovery cutoff, there are a couple of remedies. Since there is no time for a proper motion, an ex parte application for a protective order may be appropriate. Should the deposition go ahead, an In Limine motion at trial (Final Status Conference) to exclude the use at trial of the deposition and any new evidence obtained thereby. Alternately, the court could be disposed to continue the trial date to allow you to participate, who knows, it could even help your case. These are strategic and procedural decisions which ordinarily require the assistance of experienced counsel.
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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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  • Does my other relatives that were left out of the will have to be notified of an Ancillary will? in Oklahoma?

    I filled a will in Texas on my mother and I am now the administrator and also the heir per the will. No contest. My mother lived in Texas but the land is in Oklahoma my uncle died and I became administrator of his estate Now the case is back in ...

    Robert’s Answer

    • Selected as best answer

    It is a little unclear as to exactly whose estate is being probated since you mention both your mother and uncle, and we assume but are unsure that the step-sister is the biological child of your mother which would otherwise entitle her to an equal intestate share. In any regard, the giving of notice should be taken in the broadest of terms and certainly to all known next-of-kin to avoid having orders vacated and set aside at some later date. If she really has no claim that will be determined sooner rather than later. Follow the instructions of your Oklahoma probate attorney and give notice.
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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 brother and I are sole survivors to my mother's estate. My brother is Trustee. Can I request a copy of the trust?

    Mother had a trust and will. She died in the nursing home a month ago. My brother and I are her only two children. Do I have the right to request a copy of her trust?

    Robert’s Answer

    Absolutely. To make sure you should make a written request. If the requested copy is not forthcoming, there are judicial remedies available to compel compliance. Hopefully, it will not come to that.
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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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  • Should I sign a "Receipt of Trust Disbursement"?

    The document states that I received the final disbursement and states the amount. The document also releases the trustees. I'm instructed to sign it and return. My big problem is I didn't receive the money. Is their a different document they s...

    Robert’s Answer

    There is no reason to sign a receipt without having received what is referred to in the receipt. Whoever is in charge of distribution should understand that once you state your position. If not, and the amounts are worth it, you may consider employing an experienced attorney convenient to yourself.
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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