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Father has no debt. Has a house that is paid off and is probably worth over $1M. Will it go through probate?
Michael's answer
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Answered on January 31, 2013
If your father's estate is only $1M there will be no federal estate tax. The exemption in 2013 is $5.25M. CA has no inheritance tax.
However,...
Archived
Grant deed will be recorded with right of personal occupancy for life; how is this removed after death?
Michael's answer
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Answered on January 31, 2013
I suggest that your father consult a elder law trust and estate counsel BEFORE taking such an action.
We do not have Lady Bird deeds in CA....
Archived
The Attorney who is representing the other party either does not know what he is doing or is being sneaky....
Michael's answer
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Answered on January 31, 2013
You're reading too much into the attorney's actions. If the court has a tentative opinion, probate notes, or other documents for either party they...
What is the deadline to serve a summons in a civil lawsuit in orange County, CA?
Michael's answer
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Answered on January 31, 2013
"Can I move to quash the service as too late?" -- No, assuming you have no other basis to quash service of the summons. The proper motion, if...
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If one receives a cease and desist letter from an attorney out of state and unlicensed to practice in this state does one have t
Michael's answer
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Answered on January 31, 2013
It depends. If there is a legal reason to comply, you should. If not, the choice is yours. Whether the letter comes from an attorney out of state,...
Archived
Can either a CH 13 or CH 7 Bankrutpcy save a house that has been foreclosed on in the past week?
Michael's answer
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Answered on January 31, 2013
No. The time to have protected your property from foreclosure with a bankruptcy was before it was sold, not after. Your rights for relief from...
Archived
Can a landlord change the terms of a tenancy agreement without proper notice?
Michael's answer
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Answered on January 31, 2013
Proper notice, depending on how long you have lived in the property and assuming you are month-to-month, is 60 days notice if your tenancy is one...
Contractor lost in court. Now he won't remove the Mechanic's Lien from my home. What recourse do I have?
Michael's answer
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Answered on January 31, 2013
Can I put a lien on his property? -- No. You do not have a judgment for money.
Can I recover ALL the lawyer fees if I do that? -- Probably...
Archived
What can i do if i think i am a victim of a loan modification scam?
Michael's answer
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Answered on January 31, 2013
I would ask for a refund in writing. There are no loop-holes which allow anyone to charge an up front fee for a loan modification. If an attorney...
Archived
When you hire counsel and do your homework why is he then allowed to give it to a lesser qualifed attorney on his staff?
Michael's answer
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Answered on January 31, 2013
If you hire an attorney, as opposed to a law firm, you certainly have the right and expectation that that attorney will handle your case unless...
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