Michael Austin Hackard’s Answers

Michael Austin Hackard

Mather Wrongful Death Attorney.

Contributor Level 10
  1. Can i be denied a puppy in my apartment if others have a dog?

    Answered over 2 years ago.

    1. Michael Austin Hackard
    2. John Addison Vos
    3. Frank Wei-Hong Chen
    4. Laura Mcfarland-Taylor
    4 lawyer answers

    A puppy is a dog. I'm assuming that your puppy is 20 pounds or under. If your lease requires a $250 pet deposit and you have paid the deposit it would appear that you meet the terms of the lease. This is truly dependent on the terms of the lease - not whether the manager likes dogs or not (although ill will from the manager can certainly have some practical effects).

    2 lawyers agreed with this answer

  2. I purchased my home before I was married. Now that I am married, I would like to add my wife as married joint tenants

    Answered over 2 years ago.

    1. Michael Austin Hackard
    2. Michael Charles Doland
    3. Frank Wei-Hong Chen
    4. Richard Alan Rodgers
    4 lawyer answers

    California law allows for the creation of a joint tenancy by one or more persons who already hold title to the property in another form. Civil Code Section 683. I assume that you now hold your property as your sole and separate property. You could create a joint tenancy estate through a conveyance (grant deed) to yourself and your new spouse. Civil Code Section 683 also requires that the deed or transfer document expressly state that the property is to be a joint tenancy.

    2 lawyers agreed with this answer

  3. What is the difference between a Will and a Living Trust

    Answered over 1 year ago.

    1. Frank Louis Buquicchio
    2. James D. Kiley
    3. Joseph Franklin Pippen Jr.
    4. Michael Austin Hackard
    5. James P. Frederick
    5 lawyer answers

    A will is a document which identifies the method to be used in the management and distribution of his/her estate after death. A living trust is an agreement created during a person's lifetime that appoints a trustee over his/her contributed assets and identifies the beneficiaries of those assets. Living trusts are helpful in passing assets without the necessity of court supervision (although there are numerous exceptions to this). See local counsel experienced in estate and trust law.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Law of succession to heir-ship on oil and gas lease

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Lawrence D. Brudy
    2 lawyer answers

    You need to see a local attorney. If your rights accrue from your grandfather's estate, you will need to determine if your grandfather died intestate (without a will) or testate (with a will). He may have had a trust - if so you need a copy of the trust to determine your beneficial rights and those of your step-father, if any.

    3 lawyers agreed with this answer

  5. Do I have to pay to replace the carpet in an apartment because of pet urine?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    The answer depends on language in your lease. That said the language may lack specificity in which case you can litigate your dispute in the small claims court. If the carpet was alread severely worn it would not seem fair that you should have to pay for a new carpet. In the same way the landlord must mitigate his damages - if a carpet cleaning would be sufficient then it is unreasonable to charge you for an entirely new carpet.

    1 lawyer agreed with this answer

  6. Can I double close in Los Angeles?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Justin Drayton Graham
    2 lawyer answers

    Your question is unintelligible.

    1 lawyer agreed with this answer

  7. Will the bank take my home if the home was used as a collateral for a loan obtained by a relative who has stopped paying?

    Answered over 1 year ago.

    1. Christopher Robert Blevins
    2. Michael Austin Hackard
    3. Justin Drayton Graham
    3 lawyer answers

    From what i can gather your home is security for someone else's loan. That said, the bank has a secured interest in your home and if the loan that is secured by the interest goes unpaid the bank can foreclose on the loan. You should see a local lawyer familiar with real estate issues. A lawyer could help you to determine the current state of title and also help to figure out the complexities of the unpaid loan.

    1 lawyer agreed with this answer

  8. The residential lease agreement states that there will be no changes unless it is in writing, but it was changed anyway.

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Michael Kim
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Your question is not entirely clear. If the question is whether an oral agreement to modify the rent that is acted upon by the parties ($100 less paid in rent and the lesser amount is accepted by the landlord) changes the terms of the whole lease agreement then my view is that the lease agreement would be intact. The modification as to the rent can be proven by checks or receipts of the lower rent coupled with the landlord's acceptance of the rent.

    1 lawyer agreed with this answer

  9. How should pro-rated rent be calculated in February? Should I be returned rent from the 18th or 19th?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Frank Wei-Hong Chen
    2 lawyer answers

    I believe that your issue is addressed in California Civil Code Section 1946. Section 1946 provides in part: "As to tenancies from month to month (I am assuming that your tenancy is month to month) either of the parties (that includes you as a tenant) may terminate the same by giving at least 30-eays written notice thereof at any time (this would include your mid-month noticie) and the rent shall be due and payable to and including the date of termination (30 days from January 19th)." "Day...

    1 lawyer agreed with this answer

  10. Who is the owner in this case ? And just exactly what bearing " possession is 90s of the law " mean ?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    1 lawyer answer

    California law treats pets as personal property. We must look to the law of gifts. A gift is a voluntary, immediate transfer of property without consideration from one person (the donor) to another person (the donee). Three required elements are necessary to have an effective Inter Vivos Gift (a gift made while living) . These three requirements for a valid gift inter vivos include intent, delivery, and acceptance. The donor must intend to make an immediate transfer (not later transfer)...

    1 lawyer agreed with this answer

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