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Tara Renee Burd

Tara Burd’s Answers

15 total


  • I need to remove someone from estate property during probate. Can I get an injunction in probate court or do I have to evict?

    I'm the administrator and my sister living at estate has not made the house payment in over 20 mo. and is selling estate property against written agreement not to. She also has her boyfriend living there against estate wishes(he has an outstandin...

    Tara’s Answer

    You need to formally evict your sister, but you may be able to do so with a 3 day notice because she is violating [federal] law relative to growing pot, has failed to pay rent, and is causing significant damage to the property. Additionally, you may need to seek ex parte relief to stop her from further causing damage and selling property. I understand that family matters are often very sensitive to address, but if she's selling particularly valuable or sentimental property, you may even want to notify the police if she refuses to comply with your requests as the administrator.

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  • I just attempted to file an affidavit with the Arizona superior court in regards to my fathers estate, he passed away last year,

    they are saying that I will have "to go to formal probate and have the will probated as it does not seem to qualify as a holographic will." The will was created by my brother during my fathers last few days. We had a notary come and witness both t...

    Tara’s Answer

    To quality as a holographic will, a will must be handwritten by the testator. This means that your father needed to hand write his will to be considered valid under that particular type of will. I have not looked at your documents, so I cannot say whether you may be able to re-file and overcome this issue. Probate courts require significant attention to detail. If you indicated it was holographic -- which it's not -- that may be why the court rejected it. You may still be able to re-file the affidavit if your will meets other requirements. Also, while I practice in California, my understanding is that affidavits are only available for small estates. If your father has significant assets and requires probate for that reason, you should know that most probate attorneys work on a contingency and are paid based on the value of the estate. You may also find an attorney willing to work on a flat-fee low cost basis to review your documents and determine whether a probate is even necessary. Don't hesitate googling for probate attorneys and calling around to see if one will help you for free or at a low costs.

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  • What would happen if one is part of a inter vivos revocable trust and has to be put in nursing home?

    2 sisters has a revocable trust/inter vivos/what would happen if one has to go to nursing home, does one in home have to claim as assets, or is home and accts still protected from nursing home, can nursing home make them pay out of trust acct, wha...

    Tara’s Answer

    Your question in itself is too vague. Properly executed trust documents should control and designate who has what powers at what time. The more important question is: who is acting Trustee of the Trust. If the sisters were trustees during their lifetime, the act of going into a nursing home, in itself, is not usually a trigger for removing power from that Trustee. Usually, the issue is whether the Trustee is competent. The Trustee is the person -- or persons -- who have control of the payments, checking accounts and property. Unless the nursing home is appointed the Trustee by the Trust ((this is not likely)) then the nursing home does not have any right to the assets other than the rent they are charging the sister. Whether the trust is required to pay for the nursing home, depends on the language of the trust.

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  • I sold a Coach bag online from a community sales page on Facebook.

    I sold a Coach bag online from a community sales page on Facebook. The purse was a gift from my mother and I don't know much about purses so i thought it was real. Well the girl who purchased it came to my house, looked at it, and handed me $55 fo...

    Tara’s Answer

    I would not worry. Strangely enough, I have handled a litigation over the sale of a $65,000 purse. Your purchaser here had an opportunity to inspect the purse, did so, then handed you money without any guarantee from you as to its authenticity. This girl also probably does not have proof that it's fake. $55 is not worth either a civil suit against you or criminal charges. Moreover, a good knock-off could easily cost $55.00 so the pricing was in no way outrageous.

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  • Renter with no rental agreement, moved in through previous renter while owner out of country .new renter has not paid rent

    do we need to follow legal procedure to evict renter ? he has no legal right as he moved in without talking to owner. Claims to have an arrangement to remodel home .After 7 months has not even finished bathroom and never paid any rent. What proced...

    Tara’s Answer

    California law doesn't allow for you to just change the locks. Follow procedure for an unlawful detainer as though he had a written contract with you. Since he has not paid rent, you can serve him a 3 day notice to pay or quit. It sounds like this tenant might believe he's in the right, so I suggest getting an attorney on your side in case this renter contests. Additionally, notices to pay or quit must follow specific legal requirements or they will not be upheld in court. Finally, it sounds like you may also be able to file a breach of contract claim against the original lessee. Depending on your contract terms, original lessee may still be liable to you for the rent of lessee's subtenant.

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  • What can I do about multiple health, safety, quality of life, and property damage issues?

    I went on vacation, and when I returned my apartment was flooded with sewage. The supers had a plumber knock a clog out of the 4th floor and it got stuck in my bathtub's drain on the 2nd floor, they found out about this when sewage and blackwater ...

    Tara’s Answer

    In addition to documenting everything, call you renter's insurance company immediately to report it. It is there job to start covering your costs such as a hotel room, if necessary. If you fail to call them right away they will be less apt to reimburse you after-the-fact.

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  • How can I contact a Torrance Superior Court's clerk via phone and directly talk to someone?

    I CANNOT figure out which of the many options will connect me. I need to talk to the court clerk, not use any of the automated services. I would go in to the courthouse, but it's very far and too much gas to keep checking in that way. (I need t...

    Tara’s Answer

    It sounds like you already have an open case. Have you tried looking up the judge handling your matter? It can be found on the Los Angeles Court Website. Look up Locations, and there is a Judge Directory tab. Good luck.

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  • I accused someone who works for my same employer of making threats. Can this person now turn around and sue me?

    Will my home owners policy defend me if the person I accused sues me? The employer investigated and found that my accusations lacked merit. Am I now liable under some theory of law?

    Tara’s Answer

    To add to my colleague: Absent further information, I am not aware of any instance in which a homeowner's policy would defend you in a suit unrelated to your home.

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  • If a tenant mails partial rent to the landlord after the S&C(U/D) has been filed can the landlord keep the money continued....

    And ask the court to credit the money toward the judgment. Or must the landlord return the money in order to proceed with the eviction by court jusdgment??

    Tara’s Answer

    Unlawful detainers require precision. This includes notice to the tenant which states the exact amount owed. If the landlord accepts the partial payment by the tenant, the notice is technically improper and the landlord must start all over again with the U/D process. If you're a landlord proceeding with a U/D, you need to decide whether the partial payment is worth starting the U/D all over again. If it's not, you don't want to accept the partial payment.

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  • Can not take possession of an apartment due to school canceling class, but signed a lease. What is our liability?

    Possession of the apartment has not yet occurred. The lease has a paragraph saying "Acceptance of Premises". But this did not happen as a specific apartment has not assigned, nor will be assigned until the day the lease starts. Do you have any ...

    Tara’s Answer

    Without reading your lease, it is impossible to know the extent of your liability. Generally, however, a lease will contain provisions that state when and how you may cancel it. It sounds as though you are leasing a school-apartment of some sort and there is likely language in the lease that releases your obligation if you can no longer attend classes. I suggest you start by reviewing your lease and then discuss the issue with the landlord immediately. Liability for any breach on your part generally extends only as far as the landlord suffers damages. The sooner you discuss the issue with the landlord, the sooner the landlord can mitigate, or reduce, any potential loss.

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