Robert Miller’s Answers

Robert Miller

Los Angeles Probate Attorney.

Contributor Level 17
  1. Can someone place a judgment lien on a house that belongs to a family trust?

    Answered about 1 year ago.

    1. Robert Miller
    2. Michael Salanick
    3. Richard Scott Lysle
    3 lawyer answers

    A judgment creditor can lien or levy on anything and everything the judgment debtor owns unless specifically exempted. Assuming you have retained some rights in the trust as a beneficiary or otherwise, it is subject to seizure. Some attorney would have to examine the trust itself to determine what if any rights are retained and subject to the judgment. ******************************** If you like the answer, please click “best answer” or “helpful”, its good for your Karma ******************...

    4 lawyers agreed with this answer

  2. We have a court date very soon to remove my sister, co-trustee of my parents' trust. The servor tried 3 times to no avail.

    Answered about 1 year ago.

    1. Robert Miller
    2. Michael Leo Potter
    3. Pearlette Vivian Toussant
    3 lawyer answers

    It is not clear she ever actually acted as trustee. While personal service is preferred, there are alternatives. Take a copy of the trust to an experienced trust and probate attorney who will guide you through the process. ***************************** If you like this answer, please mark “helpful” or “best answer.” Its good for your karma. ***************************** Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real...

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  3. Is there a conflict of interest for an attorney to take on expensive (+hours) motions that are high risk?

    Answered about 1 year ago.

    1. Robert Miller
    2. Christine C McCall
    3. Michael Raymond Daymude
    4. Elizabeth Taylor Herd
    5. Joseph Jonathan Brophy
    5 lawyer answers

    General questions get general answers. Frivolous motions may result in the imposition of sanctions. Not every motion is granted, but it not being granted does not mean it was frivolous. Even if not granted it may have obtained the desired result by the other side complying before actually opposing and appearing on the motion. Whether or not the motion was proper in view of the needs of the case is a judgment call and any dissatisfied client has the opportunity to change attorneys at will. *...

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  4. Can the judge enforce a mandatory mediation settlement conference for an unlimited more than $ 50,000 in Riverside Court, CA.?

    Answered over 1 year ago.

    1. Robert Miller
    2. Alan Ray Barnes
    3. Robert Bruce Kopelson
    4. Samuel Cohen
    4 lawyer answers

    A judge may direct the parties to mediation, and they should cooperate in arranging the mediation, at which time they should be present. Nobody is required to settle, nor is anyone required to make the first offer. The mediator selected will usually have the skills to engage the parties. Sometimes it works and you should have no hesitation. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for...

    4 lawyers agreed with this answer

  5. How do I add the name of my wife to the deed of our house?

    Answered over 1 year ago.

    1. Robert Miller
    2. Oscar Ernesto Toscano
    3. Shawn B Alexander
    3 lawyer answers

    A quitclaim deed from yourself to both of you would accomplish the purpose. Whether or not it is a wise decision or the best method depends on too many variables to consider on an online forum. You should definitely consult with an experienced real estate attorney before doing anything. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate...

    4 lawyers agreed with this answer

  6. A real estate agent initiated an arbitration. He won and I paid $5000. 10 m later I found that he is not licensed.

    Answered over 1 year ago.

    1. Robert Miller
    2. Pardis Patrick Ashouri
    3. Thomas O. Moens
    3 lawyer answers

    Presumably you participated in binding arbitration, which award is final. Binding arbitration ordinarily does not allow for judicial review. Final means final, even if the wrong facts, wrong law, wrong decision occurred. The "wrongness" would not invalidate the arbitration. I would see no liability of the arbitrator or arbitration board, and you probably signed an arbitration agreement to that effect. A small claims action would be an attempt to obtain judicial review where none was...

    4 lawyers agreed with this answer

  7. I received a summons from Midland Funding for a credit card bill they say they bought from Citibank for $1500 . How do I respond

    Answered over 1 year ago.

    1. James Liu
    2. Robert Miller
    3. Kevin Samuel Sullivan
    4. Erik Priedkalns
    4 lawyer answers

    Use Answer--Contract #PLD-C-010, same website, and that should get you to the next stage. Consult a local attorney as to how best to present any defenses available to you. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 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...

    4 lawyers agreed with this answer

  8. Other than asking my sibling if she filed papers to become administrator of my mom's estate, is there some way to get this info?

    Answered over 1 year ago.

    1. Robert Miller
    2. Christine James
    3. Charles Adam Shultz
    3 lawyer answers

    While asking is the cheapest and fastest way, all probate filings in Los Angeles County are indexed and can be searched free at any courthouse or for a small fee online. Since all siblings are of an equal priority, there is nothing preventing any qualified sibling to petition for letters of administration without waiting for another who may be stalling. ***************************************************************************** Disclaimer: California attorney Robert Miller has practiced...

    4 lawyers agreed with this answer

  9. My siblings & I inherited parents home,signed a disclaimer in 2011 in favor of brother before probate....is my name still on it?

    Answered over 1 year ago.

    1. Robert Miller
    2. Gregory Paul Benton
    3. Mary Lynn Symons
    4. Donna R Blaustein
    4 lawyer answers

    From the context it appears you are in California and the property is in Texas. A disclaimer or declination is not a transfer, and from what appears the title remains in the parents' names. Since what the broker asks may or may not be in your own personal best interests, you should consult with an experienced attorney in the county where the property is located. ************************************************************************************** Disclaimer: California attorney Robert...

    4 lawyers agreed with this answer

  10. What if a person REFUSES to identify themselves and tells the server they REFUSE to be served any official paperwork?

    Answered over 1 year ago.

    1. Robert Miller
    2. Nicholas Basil Spirtos
    3. John Noah Kitta
    3 lawyer answers

    This is just game-playing and accomplishes nothing. The short and simple answer is to hire a professional process server. They know all the tricks and have a few of their own. Nobody has to tell you who they are, but if you have a description and/or someone who can recognize the person you are serving, and you think you have the right person, just drop it at their feet and tell them they are served. The same is true if they are hiding behind and won't open the door, if you can recognize the...

    4 lawyers agreed with this answer