Questions answered by David John O'Connell

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I own property with my sister and she recently died with a lien against the property, what do I do to clear the title?

David's answer | Answered on October 05, 2017

Depending on the value of the property owned by the late sister, you may need to file a probate, which is a means by which liens such as the one...

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Do I file an unlawful detainer to evict a resident from property when there is no rental agreement?

David's answer | Answered on October 05, 2017

The possibilities ssuggested by your question are ideal for a crossover Bar Exam question involving estates, Family Law, and real property. If...

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How can I get my power back?

David's answer | Answered on August 25, 2017

This is not and should not be a "legal" question, but an engineering investigation. If the DWP has concluded that your upgraded panel has in some...

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Can the executor ask for fees if she never did any work or paid any bills on property?

David's answer | Answered on July 20, 2017

If I understand your narrative, your father died in 2010, and you and three sisters are heirs to the house you have lived in since his death. ...

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Can a land owner be sued for giving an easement

David's answer | Answered on July 20, 2017

Your question could be answered simply, or be the basis for a law school final exam. The simple answer is that it is rare that a tax sale is...

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Tax question on selling & buying, capital gains

David's answer | Answered on July 13, 2017

There are two basic answers to this question, and a lot of nuance, for which you should consult an attorney or accountant familiar with capital...

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What is right way to approach a meeting with offer to settle?

David's answer | Answered on July 13, 2017

It might be a good idea to consult and retain an attorney familiar with the rules and negotiation in settlement conferences or mediation, rather...

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Is it possible to sue a title co for damages fr negligence, breaching ethics and morals and , well lying - on paper-to me?

David's answer | Answered on July 10, 2017

I don't think the title company lied to you, it was protecting itself from what the State of California might consider a "voidable preference"...

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Is it advisable to wait to short sale a house if you are in a middle of a BK or is it better to wait for the BK to be dismissed?

David's answer | Answered on July 10, 2017

If you are in the middle of a bankruptcy, title and obligations on the house upon which you owe money and have at least partial title, are fully...

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Should an attorney charge full hourly rate on areas of the law he admittedly doesnt know much about and has to research?

David's answer | Answered on July 08, 2017

I agree with Messrs. Gross and Huey that your retainer agreement controls, and that research is inevitable in most cases, for which the client is...

David John O'Connell's Answers (241)

I own property with my sister and she recently died with a lien against the property, what do I do to clear the title?

Do I file an unlawful detainer to evict a resident from property when there is no rental agreement?

How can I get my power back?

Can the executor ask for fees if she never did any work or paid any bills on property?

Can a land owner be sued for giving an easement

Tax question on selling & buying, capital gains

What is right way to approach a meeting with offer to settle?

Is it possible to sue a title co for damages fr negligence, breaching ethics and morals and , well lying - on paper-to me?

Is it advisable to wait to short sale a house if you are in a middle of a BK or is it better to wait for the BK to be dismissed?

Should an attorney charge full hourly rate on areas of the law he admittedly doesnt know much about and has to research?