Archived
What are my adverse possession options on a home that is to be sold in foreclosure in 90 days??
FYI - The owner is deceased.
James's answer
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Answered on June 03, 2015
Adverse Possession in California, governed by CCP §§318, 325, 328
Claim requires all of the following:
1. possession under claim of right or...
Archived
How do i put my name on the property so the state doesn't take house?
James's answer
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Answered on June 03, 2015
You cannot simply "put my name on the property"..
Because there was no vaiid Trust or Will, probate may be necessary.
Probate may be avoided if...
Archived
Is equity from a home sale protected from judgment?
James's answer
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Answered on June 03, 2015
No. Equity in residence is protected from judgment creditors by California Homestead Exemption while you own the home. After home is sold, the...
Archived
Serving a witness
James's answer
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Answered on June 03, 2015
CCP 98 deals with ability to offer testimony in form of affidavits and declarations. See below:
A party may, in lieu of presenting direct...
Archived
For a California HOA, If the notice of a pending meeting is posted short of number of days required by code, are actions of the
James's answer
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Answered on June 03, 2015
Yes. Actions taken by Board are valid. However, they can be successfully challenged. Failure to give proper notice does not by law violate the...
Archived
Can a Trustee of a trust sue the trust for monies they believe are owned them.
James's answer
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Answered on June 03, 2015
Yes. Trustee of trust may sue the trust for monies owed. However, such a suit presents conflict of interest issues for sister. She is in effect...
Archived
Law firm trying to collect on a judgment from another state
James's answer
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Answered on June 03, 2015
Judgment may be valid if creditor has taken all proper steps. some observations:
-creditor not obligated to advise you of...
Is it necessary to publish in a local newspaper the announcement of a death and notify readers of a deadline for debt claims?
James's answer
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Answered on June 02, 2015
No. publication not required if trust is to be administered without court supervision.
Yes. Publication required if estate is probated.
If...
Archived
K-1 visa and Medicaid, Immigration Law
James's answer
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Answered on June 02, 2015
No. W will not be eligible for MediCal until either:
-5 years citizenship, or
--She obtains Green Card
Her status will not affect your...
Archived
Have a debtors exam need to know if I have to give names and contact info for people whom I sold my car or trustee of mom estate
James's answer
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Answered on June 02, 2015
Yes. You must provide responses to lawful questions at Debtor's Exam. You may be sanctioned and surcharged for failure to participate in Debtor's...