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Robert Miller

Robert Miller’s Answers

1,678 total


  • I am being investigated for my deceased friends will for use of her funds by her siblings. what can happen could happen to me?

    I was durable power of attorney for a friend and before she died her siblings demanded a copy of her will and dismissed me as her power of medical and financial power of attorney . They are now investigating me for the misuse of her funds while I...

    Robert’s Answer

    Presuming the siblings have obtained representative status over the estate of your deceased friend, they would certainly have the right and power or indeed the duty to investigate the use or possible misuse of the decedent's funds during her lifetime. To put it slightly differently, the decedent in her lifetime would have had the same power had she so chosen, and the estate representative is substituted in place of the decedent. This does not necessarily mean that you have done anything wrong, but the sooner you provide whatever it is they request in this connection, the sooner it will be over.
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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 the seller's of the home I purchased for lying on the disclosure form and for fraudulent misrepresentation?

    The house was advertised as having a new roof (2012), new AC and boiler (2013). Roof was replaced in 09 because of wind/hail damage and boiler was replaced in 13 because of water damage, both paid by insurance and both not on disclosure form, I fo...

    Robert’s Answer

    • Selected as best answer

    Intentional misrepresentation of a material fact is fraud which may be the basis of either damages or rescission of the sale. Assuming you can prove the seller and/or agent had actual knowledge and/or should have known, you would have the elements of a lawsuit for damages. Your purchase contract may have a clause requiring mediation and/or arbitration, which must be followed. Before doing anything, you should obtain some estimates of exactly what it would cost to make the necessary repairs, then consult with an experienced real estate attorney in the county where the property is located.
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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 sold my home. We closed 4/3/14. The buyer isnt a b le to move in until June . I signed a temporary occupancy agreement w/ h

    HER allowing us to remain in the property at $27.50 per day. We must be out by 6/30 orthe price goes to $50 per day. I have found my new home and will be out by 5/1. I gave her $825 the day of closing to cover may. Now she says i HAVE to pay h...

    Robert’s Answer

    Without actually reviewing the documents and based on what you say, I agree your rent is daily and terminable by you at will at any time before 6/30. The realtor holds a fiduciary duty to you and places her license in jeopardy and/or subjects her to a lawsuit for damages by you for taking an inconsistent position and/or giving you biased advice. I would recommend moving out when you are ready and without paying more than your daily rate. If they try to sue you for any difference, which I doubt, you can defend and cross-complain as indicated.
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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 can we remove a person's name off a deed to our home?

    My husband and I purchased a home, and my husband put his mother's name on the deed because there is a small house on the land she could live in. However, we are now worried we will lose the place due to her some of her behaviors that is a threat...

    Robert’s Answer

    The best if not only way short of an expensive and uncertain lawsuit, is to offer her something she is willing to accept, whether money, a car, somewhere else to live, or whatever. The alternative, lawsuits for quiet title, constructive trusts, etc., etc., are in no way guaranteed to produce any result you want. This situation is the virtually inevitable consequence of putting property in someone else's name, and all readers should be forewarned.
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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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  • Do I need a remainderman to sign a warranty deed and a quitclaim deed? Or will warranty deed be enough?

    I'm a LT who has 5 remaindermen, all but one have signed general warranty deed to transfer my home to 2 of the remaindermen who are caring for me. The one who hasn't signed wants me to buy him out. Can I deduct my life interest from his share? ...

    Robert’s Answer

    The one holdout could transfer his remainder interest by either deed, but the big issue is agreeing upon a price. Calculating the value of a fractional interest of a remainder interest subject to a life estate is an inexact science, and until the holdout agrees to the terms you offer, there is no way to compel him to sell his interest to you or anyone else. There are actuaries and forensic economists, among others, who can calculate these values for significant fees, but even these valuations are little more than educated guesses. What the remainderman really needs to understand is that if he does not accept your otherwise reasonable offer, he is going to have to wait (hopefully) for a very long time before he receives anything, and even then he will wind up with only one-fifth and a probable lawsuit.
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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 attorney has passed away and I am looking for a copy of my corporate documents? How do I find where they went?

    We are an S corp looking for a copy of our corporate bylaws.

    Robert’s Answer

    This would require some investigation as to how long ago the attorney passed away, whether he was a member of a firm, whether he left an estate and whether his papers and files are stored in one or another of those places, etc. If you are unable to find out on your own, maybe you could employ a private investigator to try and find out. On the other hand, the Directors might just hold a special meeting, declare the previous by-laws lost, and enact a new set.
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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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  • LAWYER AS ME TO VOLUNTARILY DISMISS A DEFENDANT.

    If a company is a soley own subsideary of the other company listed as a defendant does the soley own subsidary share in the liability?

    Robert’s Answer

    Unfortunately, the best answer is that sometimes yes, sometimes no, it depends on a lot of variables which even lawyers and judges have trouble enunciating. Assuming you have valuable rights you are seeking to vindicate, you should employ an experienced attorney to make these sorts of decisions.
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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 my realtor for bad advice; violation of her fiduciary duties; breach of confidentiality and negligence?

    What recourse do I have against my realtor/broker for violating the code of ethics; breaching confidentiality; divulging personal information without my knowledge or consent that put me at a disadvantage with buyer and their agent; advising me to ...

    Robert’s Answer

    If you can prove that you have suffered actual damages as a result of following advice that was wrong, you may bring a civil action for breach of the fiduciary duty that an agent owes the principal (you). Proof of actual damages for each respective violation is key, because not every offensive act means the offended person gets to collect money as a result. You will probably need to employ an attorney for the purpose and expect to pay significant attorney fees and costs. If you wish to file a complaint with the licensing board that is a personal option that will produce no economic benefit for you but arguably some personal satisfaction.
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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 step mother is trustee of our family trust.. She signed a quit claim deed to the real property where she lives.

    She has a life estate only.. She has violated the terms of the life estate. NOT PAYING TAXES, NO INSURANCE AND FIRE MARSHALL HAS ISSUED NOTICES OF VIOLATIONS OF CITY CODES. She has made the house inhabitable..... cockroaches and other vermin per f...

    Robert’s Answer

    A life tenant has an obligation to the remaindermen not to commit waste, which sounds like what is happening. The quitclaim deed may be evidence of abandonment of the life estate, although it would be ineffective to transfer anything other than what she owns. The terms of the trust must be consulted to determine any conditions effecting the creation and maintenance of the life estate. You should employ an experienced real estate attorney in the county where the real estate is located to sue to declare the life estate terminated and quiet title.
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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 there any expectation for a beneficiary to accept any $$$ offer less than the tax value or current market value?

    What rights does a beneficiary have to ensure the Trust Attorney and Trustees sell the property at market value when a beneficiary has offered below tax and market price?

    Robert’s Answer

    A trustee has a fiduciary duty to obtain the best market value in view of all of the circumstances, and has a fiduciary duty to treat all beneficiaries equally and fairly. If the trustee fails in any such duty, a beneficiary may petition to compel the trustee to account, to surcharge the trustee for any damages, and to have the trustee removed and replaced.
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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