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David S Hoffman

David Hoffman’s Answers

281 total


  • Is their a process that will enable a car be gifted to a heir as soon as letters of administration are received?

    Or do I have to wait for all debts to be paid? The problem is there is no money the only asset is the house and it will take months to sell the house and get the debts paid. The decedents 2 children (the only heirs since he was never married) are...

    David’s Answer

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    Uber technically, you need to have the car appraised; you have to send out Notice of Administration to all known creditors; and you should wait to distribute any asset until you are sure that there are enough funds to cover all debts and costs of administration. What you may consider is for the estate to register the car, insure the car, and the "loan" it to the mother during the course of administration, (ensuring that she too, is insured). The car still belongs to the Estate during this time; making it operable is a cost of administration. I would urge you to contact a local probate attorney to start the probate process; and he or she may give you more specific direction and advice regarding the car.

    Good luck.

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  • HOW TO REMOVE DECEASED HOME OWNER OFF OF HOUSE DEED THAT IS IN COMMUNITY PROPERTY?

    MY FATHER PASSED AWAY LEFT A WILL NAMING MY 3 SISTERS AS HEIRS TO THE HOME HOWEVER THE HOUSE DEED IS IN MY MOTHER'S NAME ALSO AND UNDER COMMUNITY PROPERTY

    David’s Answer

    You should consult with an attorney familiar with probate to determine the proper manner to proceed. If the Will states what you said, then ultimately a court order would issue transferring your father's community property interest in the property to you and your siblings.

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  • Can I deny a potential renter for my condo based on a bad feeling that I am getting from them?

    I am in the process of interviewing potential renters for my home. One applicant is getting very pushy with me and demanding that I rent to them. I am getting a very bad feeling and really don't want to rent to them. Can I take as much time as I ...

    David’s Answer

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    So long as the reason you decide to not rent to them is not based on a discriminatory purpose, (race, gender, religion, etc.), you are not obligated to rent to anyone you don't want to, and you do not have to give them a reason.

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  • I don't understand the question. "Title to trust assets is to be taken in the following manner"?

    House being sold and Title company is requesting this form.

    David’s Answer

    Assuming the house is in a trust, the proceeds from the sale need to go into a trust account, and the title company probably wants to know who the trustee(s) is/are and the full name of the trust. If the property was held in sub-trusts, (e.g., "X" survivor's trust and "Y" bypass trust), the company needs to know who those trustees are; and how much of the sales proceeds are "cut" to one sub-trust versus the other.

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  • Real estate law. I live in california and own a home. My ex and her parents are on the deed.

    My name is the only name on the 1st and 2nd notes. We listed the house at a price in January and we now have an offer to buy at the asking. I and her parents want to sell. My ex does not. Although she is the one who put together the listing. H...

    David’s Answer

    This is probably a better question to ask under family law. I assume that there is some form of a marital settlement agreement that discusses what happens with the property. So talk to your family law attorney first. If that doesn't work, you may have to file a partition action against your ex. If she doesn't agree to sell, the court can then force her to.

    You need to SEE an attorney ASAP

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  • Property Ownership, Deed, Title, Land Registration

    Is it true A) that in USA there is NO single governmental department or registry that authoritatively determines who owns some property, and B) that ownership is simply deduced from a bunch of paperwork that does not unambiguously show who owns wh...

    David’s Answer

    Each County has a Recorder's office in which records of property ownership are filed. The documents are considered public documents. The system has worked for more than 200 years. I'm unclear as to the point of your question.

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  • 1 yr lease expired and auto renewal m-to-m lease. LL give 30 day or 60 day notice at 18th month? any specific way to serve?

    Contract says" after expiration date, Tenant shall become a month-to-month tenant as defined by applicable CA law. Both landlord and tenant may terminate the tendency by giving written notice at least 30 days prior to the intended termination date...

    David’s Answer

    If you have been a tenant for more than 12 months, the Landlord must give you a 60-day notice. Civ. Code sec. 1946.1(b)

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  • Signed Deed, No Reconveyance, Home Builder Didn't Pay Off Bank

    Suppose a home builder borrowed $5 million total from a bank to build 5 houses in Fremont,CA. Assume that at the time of borrowing, the bank received security interest in the 5 houses. Then five buyers bought those five houses paying cash, and d...

    David’s Answer

    So long as the buyers purchased through an escrow/title company, things should be OK. If the buyers purchased with loans of their own, one of the conditions of the underwriters would be to have the construction liens removed/paid off through escrow. If a deed of reconveyance has not been recorded, ask your title company to investigate.

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  • If our renters don't move after the 60 day notice, can we legally charge them per day after that?, and how much?

    the 60 days will be up soon, and they show no signs of leaving, and since they received notice, they haven't paid but 1/2 of 1 months rent for the last 2 months

    David’s Answer

    You will need to file an Unlawful Detainer Action. In the form complaint, there is a spot to identify the "per diem" rate. Take the monthly rent, and divide by 30 to get the per diem, or daily, rent.

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  • I'm a renter and the owner wants to sell the house? What can I do if I have a 7 months left of lease?

    Help please!!

    David’s Answer

    You have to make the house available when the owner asks you to. You are permitted at least 24 hours notice. You may also be asked to sign an "estoppel certificate" which asks you to confirm that there is a lease in place. But if you have a lease for a specific term, in this case, seven months left, you can remain there for the term. If the house is sold, you will have a new landlord who must honor the lease.

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