Archived
Am I entitled to receive damages and/or interest for a fiduciary breach of trust by a succesor trustee in a living trust?
Richard's answer
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Answered on January 10, 2012
The measure of damages for negligence of a trustee depends on the nature of the breach. Certain breaches of statutory duty give rise to attorney...
Archived
Can my brothers and I cash our checks from my grandfather's estate if we will later dispute the amount?
Richard's answer
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Answered on January 10, 2012
In addtion to the previous answers, you should be aware that under Probate Code §16061.7
the Trustee must give you a written notice of specific...
Archived
I bought a property through California trustee sale. I am being sued by old owner for unlawful foreclosure. Please help.
Richard's answer
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Answered on January 10, 2012
I agree completely with attorney Chen, but respectfully disagree with attorney Leahy. IF you are a bona fide purchaser for value and the trustee...
Archived
What kind punish will he get when he signed for wife (she did not) on deed to convey property to his sibling?
Richard's answer
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Answered on January 09, 2012
The person claiming an ownership interest, under a previous deed, before the fraudulent (forged) deed, needs to file a complaint for quiet title....
Archived
I filed for quiet title
Richard's answer
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Answered on January 09, 2012
Attorney Chen is correct and I would only add that in order to win a wrongful foreclosure type of lawsuit, you must, among other things, tender the...
Archived
Live in Ca. Mom passed away, no will, need certificate of excutorship.
Richard's answer
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Answered on January 06, 2012
There is a bit of misunderstanding here - the lender wants to see Letters of Administration. If there is equity in the house, you need to open a...
Archived
Does a living trust need a stated provision for me to use a power of attorney for real estate transactions?
Richard's answer
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Answered on January 05, 2012
Attorney Weinstien is correct and I would only add that an estates or trusts attorney should meet with your parents privately to discuss the matter...
Archived
Can I file Small Claim's action for unpaid late fees and UD?
Richard's answer
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Answered on January 05, 2012
Attorney Chen is correct, and in response to your further comment: You will likely lose in SC court on the claim for your UD expenses (filing...
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Archived
What paperwork do I file if my former family law lawyer will not sign a sub. of attorney pro se? Do I file an OSC to remove her?
Richard's answer
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Answered on January 05, 2012
I'm a little confused by yorr statment: "we do not have a formal court order ( because she was fired before the judge signed)" Your attorney was...
Archived
I purchased my home before I was married. Now that I am married, I would like to add my wife as married joint tenants
Richard's answer
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Answered on January 05, 2012
I agree with Attorney Chen and would only add that an alternative to vesting in Joint Tenancy is: Husband and Wife as Community Property with Right...
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