are still in her name although I have been paying all property taxes and own the two properties outright. My checks are accepted as payment and I believe I am the owner through inheritance. I just want them in my name now.
The house is not yours until you clear title through probate. You need to retain a probate attorney.See question
I have a case in federal court where the Court just awarded summary judgment (which at first glance appears to be on the entire action). However, the filed complaint and case has 3 causes of action that were fully briefed in cross motions for s...
You will need to have an attorney review the cross-motions and order for any advice to be worthwhile. You should be prepared to pay for that service. Good luck.See question
Is it legal to share your court claim paperwork with someone else, to have them look it over to see if anything needs to be corrected? For example, claims, motions to quash, and amendments to complaints.
If that someone else is an attorney, no. If not an attorney, it depends on the purpose of the review. If the review is simply to proof the document, no. If the review is for the purpose of legal advice, only an attorney authorized to practice in the appropriate jurisdiction can provide that service, not an independent paralegal or friend.See question
If you hesitate going against a brother/sister attorney, don't waste our time; stop reading now. At this point, I know I want an attorney. I'm pro per. I can/will ppay a reasonable retainer. I filed a case against a multi-million (if not bil...
Welcome to the CA litigation world. If the defendant is going to pursue this scorched earth policy, it will only get worse.
The payment of a retainer is just the beginning. Hourly fees can be substantial and beyond most individual’s ability to pay. Large firms may take such litigation on as a class action, which might justify the enormous expense of prosecuting such a claim, to obtain fees via settlement or award.
You might want to consider contacting the State Attorney General. The AG may be willing to prosecute such a claim to protect CA consumers.See question
Sister was disinherited from Will during probate. She then filed a lis pendens. We have a upcoming hearing to sell the house. In her demurrer she states the hearing should be dismissed because she has a lis pendens along with other made up rea...
The nature of the hearing is unclear. A "hearing to sell the house" is ambiguous and so is your status. I recommend you consult an attorney so the necessary facts can be ascertained to advise you properly.
If you are a plaintiff or petitioner, or if the demurrer is to your response, you should file written opposition. Otherwise, the court can assume the demurrer has merit and sustain it.
Is this in probate court? A written response must be filed 9 court days before the hearing, although in probate court the rules are different depending on the nature of the proceeding.See question
I received a Request For Entry Of Default on a quiet title action civil lawsuit. The plaintiff is a notorious liar who has lied in court and keeps using the system to harass us on a property he lost through foreclosure. He has tried every trick un...
How much it will cost depends to a large extent on how long you have waited to vacate the default and the documents in the court file as well as your evidence in support.
If you act immediately, there is a chance default has not been entered and a timely response will suffice. Defaults are hard to get and not immediate.
Seek counsel immediately. As a BFP (I am assuming you are not the foreclosing party), your chances of success if you timely move to vacate any default are good.
You may find the following blog post interesting, but do not rely on it. The best way to defend a quiet title action is always to respond to the complaint.
"No Default Judgments in Quiet Title Cases: Period" at https://mrdaymude.com/no-default-judgments-in-quiet-title-cases-period/See question
I just got served with a subpoena to testify as a witness in arbitration. Can I have my lawyer there with me? If he comes with me, does he have to sit in the audience and would he be able to make objections and have me not answer questions, etc?
The answer to your question depends on the rules of the forum. In arbitration, there is no audience. Generally, a lawyer for a witness does not interpose objections or otherwise interfere with the trial or arbitration. If you believe you should object to answering certain types of questions on the basis of privilege, you should consult with a lawyer before the arbitration. Your attorney can then advise you how to assert the privilege if necessary. Good luck.See question
Small claims in California is capped at $10k. My claim is larger than $10k. I went to small claims because of the wait to be heard in superior court. Now that the defendant has appealed to Superior Court will I be able to seek a larger monetary am...
The appeal of a Small Claims Court judgment is a trial de novo before a Superior Court Judge. Your claim is capped at $10,000. If you have incurred attorney fees and can document them, the Superior Court can award you an additional $1,000 in attorney fees. Any award of attorney fees is discretionary.See question
I hired an attorney to do 4 restraining orders to some family members that physically and verbally attacked me when I came to drop my father at his residency. I paid $350 to have them served via a police officer yet he did not do that. He served...
Until your attorney is relieved, the attorney has no obligation to forward the file to you. You can view your file at the attorney's office or pay for copies to be delivered to you if that is your desire.
Once relieved, your attorney is obligated to make the original file available to you at no cost. You have not stated any grounds for a State Bar complaint.
You have not posted any facts that would allow anyone reading your post to opine as to how to respond to the motion to be relieved. In many cases, the best way to respond is a voluntary substitution of attorney.See question
My spouse and I bought a home together (in both our names, both names on the loan) while we were engaged, we were then married and paid for the properties expenses/mortgage out of our joint income from our joint bank account (community property?)....
You need to retain a probate attorney to clear title. Your child, if a minor, may need separate counsel. Assuming the equity in the house is entirely community property, you should prevail. A spousal petition may not be enough. You should proceed with a probate petition and a spousal petition. This is not a DIY project. Good luck.See question