Archived
Both my mom and I own our house . Is it best to have her gift her half of the house to me now or wait until she passes.
James's answer
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Answered on May 20, 2015
No. Gift not a good idea for too many reasons to list in this forum.
Tax avoidance and probate avoidance can be achieved with Revocable Living...
Archived
My mother promised me her house and I agreed to let her live there
till death but nothing is in writing. I live in Calif.
James's answer
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Answered on May 20, 2015
Oral promise related to interest in real property is not enforceable. Reference California Statute of frauds.
No. Quitclaim is bad idea for too...
Archived
Will that has not passed through probate court in California
James's answer
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Answered on May 20, 2015
Maybe. Some observations and methods to obtain copy:
-If Will lodged with Court, you may obtain copy.
-Request copy from sibling.
-Check...
Archived
Can I exclude my mother from inheriting my brother's estate due to childhood abuse and over a decade long estrangement?
James's answer
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Answered on May 20, 2015
No. You cannot exclude parents from inheriting from deceased brother. Parents are legal heirs. Only possible exception is California Probate...
Archived
Where can I find attorney or para legal to review a legal document, Probate final distribution.
James's answer
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Answered on May 19, 2015
Good referral sources include: AVVO, Los Angeles County Bar Association, South bay Bar Association.
I suggest you use experienced probate...
Archived
Do I need a bank law attorney or a real estate attorney? Or both?
James's answer
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Answered on May 19, 2015
First step is to transfer title to property to heirs or beneficiaries. Probate required.
Next step is to deal with financing. If bank is not...
Archived
Can a minute order stating that two cases are not related be appealed?
James's answer
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Answered on May 19, 2015
Yes. Cases appear related. Only final judgments and appealable orders may be appealed.
Yes. Minute Order can be appealed. Reference...
Probate question - I cant find the original will to lodge with the court, all I have is a copy. Can I lodge a copy?
James's answer
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Answered on May 19, 2015
No. Copy cannot be lodged with court. Only original can be lodged.
However, Copy can be used for probate if properly authenticated.
To avoid...
I would like to sue in small claims court to collect $8,000. The person I am suing is filing for bankruptcy. What do I do?
James's answer
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Answered on May 19, 2015
You may not file Small Claims suit at this time without relief and permission to do so from BK court.
Debtor is protected by BK Automatic Stay...
Archived
My father has a judgment lien and trying to sell his house, how likely is the lien holder to negotiate to a lower amount?
James's answer
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Answered on May 19, 2015
Depends. Some lenders more likely than others to negotiate reduced amount and payment terms.
Yes. Homestead exemption does apply.
Contact BK...