What happens to a lien / deed of trust in 3rd position on a Calif. property in the event of foreclosure or bankruptcy?
Stephen's answer
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Answered on March 04, 2019
Basically I agree with the answer of Mr. Dijulio. To my knowledge you cannot "force" the sale of the property short of foreclosing yourself which...
Archived
Under what circumstances, if any, are trust distributions not the sole property of the beneficiary?
Stephen's answer
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Answered on March 04, 2019
It is a grey area but I would argue that the distribution was an "advance" on a future inheritance. Best to seek out perhaps another attorney in...
Archived
Can an entity be a member of a California mutual benefit corporation?
Stephen's answer
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Answered on June 13, 2018
Very interesting question. Have nor personally come across this situation. The question i would put to you is why do you want a non profit to be a...
Archived
If I'm a corporation in california and another corporation in Connecticut hasn't pay me for services, can I sue in California?
Stephen's answer
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Answered on June 13, 2018
I agree with the answer of Attorney Clark. Going one step further, if and a big if, the Conn. corporation is deemed to be doing business in Calif....
I am the trustee of a trust and need to file a lawsuit, do I file it under my name or do I have to file it as trustee of a trust
Stephen's answer
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Answered on March 19, 2018
I believe in order to have standing, you would need to file it as the trustee of the trust. You do not need to have an attorney but you should. You...
Archived
Can separate property be commingled by claiming rental income & deducting depreciation, expenses & mortgage int on joint returns
Stephen's answer
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Answered on March 19, 2018
Unfortunately there are lots of black holes in your facts. There may have been commingling but it is difficult to say from the facts presented. In...
Archived
When you own rental real estate in a Living Revocable Trust, do you have to operate it as Trustee and function similar to an LLC
Stephen's answer
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Answered on March 15, 2018
Yes, you would conduct the business by signing as the trustee. But optimally, the property should be held by a California LLC. Your ownership...
In California, is there any benefit to keeping inherited property with Prop 13 low tax rate over selling and buying a new one?
Stephen's answer
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Answered on March 15, 2018
Agree with attorney Shields. Sound like she just wants you out of the house.....
Is the Contractor's license still suspended? Is he allowed to file for another contractors license during this whole process?
Stephen's answer
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Answered on March 10, 2018
The fate of his license is really a question for the State Contractor's Board. In the meantime any judgment you did obtain against the corporation...
Archived
Can I sue my former tenants for non-payment of rent if their lease expired in 2012?
Stephen's answer
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Answered on March 10, 2018
To answer this question more information is needed as to why you did not or "could not" evict them. Eviction would have been the appropriate...
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