Zachary Roy Ugale Rayo’s Answers

Zachary Roy Ugale Rayo

Concord Estate Planning Attorney.

Contributor Level 10
  1. In CA can I use a petition to reverse a foreclosure or do I have to file a complaint instead?

    Answered about 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Kenny Kean Tan
    3. Douglas Charles Michie
    3 lawyer answers

    If your petition states facts sufficient to constitute a cause of action, I don't think a demurrer is proper, and a motion to strike would be appropriate for not being in conformity with the law and court rules. Did you also file an affidavit with your petition (or did you verify your petition) explaining facts that support ground for issuance of an injunction? CCP 526(2) states as a ground for injunctive relief - when it appears by complaint or affidavits that the continuance of some act . ....

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  2. Allocating a trust

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Steven J. Fromm
    2 lawyer answers

    I would strongly suggest that you contact the trustee's attorney, and also obtain (if you haven't already) a copy of the trust and any amendments to the trust. The trust may contain a provision on whether the mortgage is paid before division of trust assets etc. If the trust is silent on this, and if the trust's governing law is California law, then the default rule in California should be followed. You may also need to contact independent counsel to protect your interests. For...

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  3. My mom has a life estate-she lives in the house and would like to buy out the others that will receive the home when she dies

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Roy Wayne Litherland
    3. Steven J. Fromm
    3 lawyer answers

    Life estate and remainder interests in a given asset may be separately valued at any given point in time, based on life expectancy and an assumed rate of return on investment; the sum of their values will equal the total value of the asset at that time. If the house is sold today, your mom will get the actuarial value of her life estate. Regarding property taxes, she is responsible for paying those. Concerning improvements, she has a duty to maintain the property and not commit waste....

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  4. Do you need to file proof of service with propounding interrogatories, production of documents, or requests for admissions?

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    1 lawyer answer

    The short answer is no. See CCP 2030.080, 2033.070 etc. For informational purposes only.

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  5. Can I respond/object to an ex parte application in unlawful detainer action?

    Answered almost 4 years ago.

    1. Frances Miller Campbell
    2. Zachary Roy Ugale Rayo
    2 lawyer answers

    Yes, you can respond or object to the ex parte application during the hearing. If you can fax your written objection ahead of time to the landlord and the ex parte hearing officer, you should do so; if not, bring any written objection during the hearing. Needless to say, ascertain the location of ex parte hearings and appear on time (ex parte applications are normally heard on a first-come-first-served basis). For informational purposes only; no atty-client relationship created.

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  6. How do I get a copy of my parents will probated in LA in 2002? I have the case #.

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Brad S Hindley
    3. Dimitri A. Panagopoulos
    3 lawyer answers

    You can get a copy of the will at the Los Angeles Superior Court records clerk. It would be a good idea to call them first to find out the exact location of the records section (given that the will was lodged eight years ago, and the file may have been moved to records or archives) and any applicable copying fees. I would recommend obtaining a certified copy, particularly if the other state requires that. For informational purposes only; no attorney-client relationship created.

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  7. Is it necessary to file probate for an insolvent estate?

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. David Allen Hiersekorn
    3. Quinton Ray Swanson
    3 lawyer answers

    Except as otherwise expressly provided by statute, the spouses' community estate property is liable for any debt incurred by either spouse during marriage, regardless of which spouse has management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt. Fam. Code § 910. For purposes of determining the liability of community property under these circumstances, however, the term "during marriage" does not include the period...

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  8. My dad passed did not have will aflac was the isurance company that took care of his cancer policy the check to estate ofdad

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Janet Lee Brewer
    2 lawyer answers

    California Probate Code §§ 13100-13116 provide a procedure for collecting, receiving, or transferring personal property of a small estate by a simple affidavit or declaration procedure. If the gross value of decedent's real and personal property in California does not exceed $100,000 and if 40 days have elapsed since decedent's death, the successor of a decedent may collect, receive, or transfer one or more particular items of the decedent's personal property without procuring letters of...

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  9. Can a co-executor withhold the original copy of the will from the other co-executor?

    Answered about 4 years ago.

    1. Zachary Roy Ugale Rayo
    2. Rosemary Jane Meagher-Leonard
    2 lawyer answers

    It's not clear from your question if you're co-executor of your brother's estate or co-trustee in your brother's trust. At any rate, Probate Code 8200 requires that a custodian of a will shall within 30 days after having knowledge of death of testator (your brother), deliver the will to the clerk of court in county where your brother's estate may be administered, and mail a copy to the executor/s. Custodian who fails to do that is liable for all damages sustained by any person injured by such...

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  10. Is a notarized California Jurat With Affiant Statement sufficient to satisfy CCP § 2015.5

    Answered almost 4 years ago.

    1. Zachary Roy Ugale Rayo
    1 lawyer answer

    CCP 2015.5 merely requires the following certification if executed in California: "I certify under PENALTY OF PERJURY that the foregoing paragraph is true and correct." It must be indicate the date and place of signing. Notarization is not required for purposes of CCP 2015.5. For informational purposes only.

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