Skip to main content
Shaun K. Boss

Shaun Boss’s Answers

413 total


  • Mechanics lien question

    I am a GC and I filed a lien against a property where I did tenant improvement work. The tenant contracted me not the owner. Now owner is asking me to give them lien release since the work done was not under contract with them. I don't want to res...

    Shaun’s Answer

    Did the property owner post and a "Notice of Non-Responsibility" on the property? The owner was obligated to both post and record a Notice of Non-Responsibility within 10 days of learning there was work being performed on the property.

    See question 
  • TRANSFER OF PROPERTY (QUICK CLAIM DEED)

    Can a person do a transfer of ownership through a Quit Claim (as a gift) to their 3 year old grand child? Legally is it possible to have the property transferred to the child even though he is a minor? Or is there a different type of procedure tha...

    Shaun’s Answer

    A minor does not have legal capacity to own property. You could put the property in a trust for the benefit of your Grandson.

    See question 
  • Is it mandatory and required to record the 20 day pre lien notice that we sent certified mail to owner in San Mateo County CA ?

    We are a subcontractor working for GC's all the time. We serve 20 day liens to the owner, contractor... Just recently our county recorder increased the recording fee from $34 to $84 for each recording!!! So I was wondering what will happen if w...

    Shaun’s Answer

    You do not need to record the preliminary notice.

    See question 
  • Sellers didn't disclose foundation issue

    I bought a house 5 years ago in San Jose California and found the foundation issue recently. And the inspector found that the seller had some repairs before in a non-professional way. The sellers didn't disclose the foundation repair to us 5 year...

    Shaun’s Answer

    Yes you can. There is a discovery tolling provision in the 3 year statute of limitation for fraud and concealment. The statute does not begin to run until you discover the problem. You will have to establish that your sellers knew about the problem since they may or may not have been the ones that effected the unprofessional prior repair. There is a statutory measure of damages for defrauded buyers of real estate at Civil Code section 3343. It is an "out of Pocket" measure of damages rather that a "benefit of the bargain" measure. You will have to establish that you received less in value due to the damaged condition of the property than the price you paid for it. This will probably need to be established by appraisal evidence, but the cost of repair may also be used to determine the amount of your damages. Good luck.

    See question 
  • How can I find out if I am listed on a trust without contacting the trustee?

    I'm trying to see if my grandparents named me in their trust (will) to receive anything after their passing. My father is the trustee, but we are on bad terms and do not speak. I have a feeling he is not carrying out what my grandparents wanted or...

    Shaun’s Answer

    If your grandparent formed a trust, the trustee is supposed to send a notice to all trust beneficiaries when any portion of the trust becomes irrevocable. The death of one or both of your grandparents may have been a triggering event. There is not much public information available for trusts. You may have to retain counsel to write a letter to your father reminding him of his responsibilities as trustee.

    See question 
  • Business Partnership is getting dissolved. assignment of assets.

    Business Partnership is getting dissolved. No partnership agreement was in place. Partners wants to recoup some money back by agreeing to assign all assets, valued less than asking price to an outsider, and run the business. Agreement is to pay in...

    Shaun’s Answer

    It is not possible to answer your post based on the information provided. You should seek the assistance of an experienced business attorney in your area.

    See question 
  • I am married, both 66, should i create a shared trust or AB living trust? Or ??

    Try to creat proper trust for family, all living have son 27 who will ultimately be final heir. Total estate around 1MM. what kind of trust is best for me?

    Shaun’s Answer

    Probably a family "Pot" trust, however, you should get advice specific to your situation. The size of your estate is not the only consideration.

    See question 
  • Is it possible to remove a mechanic's lien from my records?

    This lien was in 1999 and although it should never have gone to a lien (without my knowledge it was filed). I agreed in writing to have a WHITE patio cover installed and the contractor refused to paint the wood headboard, which he attached to my h...

    Shaun’s Answer

    There is a petition process at California Civil Code section 8480 et seq. that allows a property owner to petition the Superior Court to remove the lien. If the contractor is still around, I would suggest writing the contractor with a request that the lien be released voluntarily since it is no longer valid. The letter should advise the contractor that he may be responsible to pay your attorneys fees in the event he refuses to release the lien and you file the petition to cause its removal.

    See question 
  • For an irrevocable living trust, does the trust deed and a living trust declaration be required to be recorded?

    I'm drafting an irrevocable living trust, in which I will put my home into the trust.

    Shaun’s Answer

    If the Trust is going to own real estate, then a grant deed or quitclaim deed from the present owner to the trust needs to be recorded. A "trust deed" or "deed of trust" is an instrument that perfects a lender's security interest in real property. Are you sure you want an "irrevocable trust"? I would suggest you get an estate planning attorney's advice before going there.

    See question 
  • Deed under wife's maiden name.

    If my wife and I bought our house before we were married and her maiden name is on the deed, do we HAVE to change her last name on the deed? If we don't, what problems may arise from this in the future? Thanks!

    Shaun’s Answer

    Not unless you want to add your name to the title or transfer it to a trust for estate planning purposes.

    See question