Shaun K. Boss’s Answers

Is your sister okay with this plan? Is the house in her name alone? A transfer of a one-half interest to your brother would cause a re-appraisal of the one-half interest. Depending on the date of purchase and the value at the time of purchase viv a vis present fair market value, the tax bite could be from huge to non-existent. If the transfer is to create a joint tenancy, a new deed from your sister to your sister and brother as joint tenants will need to be prepared and filed together with...

There is insufficient information to respond to you post. What is the subject matter of the non disclosure agreement? Was there consideration given? What is the relationship between the parties?

You should obtain estimates of the cost to complete the work correctly. If he sues in Small Claims Court, you should file a counter claim for the amount of the estimates. You might want to send him a lettter enclosing the estimates and demanding that he pay the amount of the difference between the balance owed on the contract and the cost of properly completing the work. If he files a lien, he must file suit in Superior Court (not Small Claims Court) to foreclose the lien within 90 days...

Suit must be filed within the two year period after the contract was breached (violated).

You must file suit within two years from the date of the breach.

In order to resign as president you need to send a letter of resignation. You may also be a director and if you want to completely disassociate yourself from the corporation you will also need to resign as a director if you are one. If you are a shareholder, there may be a shareholders agreement that establishes the protocols for the transfer of shares. It sounds as if you should speak to a business attorney in your area to review the corporate documents and advise you in the matter.

I agree with Mr. Pedersen, there is no "standard" commercial lease. That said, typically a commercial triple net lease will require the tenant to make necessary repairs. It sounds as though it should have been obvious to the subtenant that there was a problem. I would approach the original tenant and let the tenant know that their subtenant is causing a problem. Let the tenant handle it since the tenant remains responsible under the lease.

You mention a "potential hassle in the near future". If that means that someone has claims against you and you transfer property for less than fair market value, that "creditor" may have cause to complain about the transfer and have it set aside as a "fraudulent conveyance". You should see a lawyer. There are better ways to deal with this issue than an outright transfer to your daughter. There are many potential problems that could be created by such a transfer. You need advice about this...

I agree with Mr. Doland. I would add that neither of you can exclude the other from the premises absent an agreement to that effect.

You indicate that you filed suit against the contractor. Did you file suit or a petition to remove the lien under Civil Code section 8480 et seq? If you filed the latter, the Court can order the lien removed.