I am building a duplex in Newport Beach. Do I need to create an HOA to prepare the CC&Rs? Best cost efficient option?
Alan's answer
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Answered on June 26, 2020
If you are going to sell the duplexes, you probably need an HOA. You may not need one or just need a simple one if they share one common wall and...
Archived
Unsure status of limitation expired. Do I make a tolling agreement or should I file Creditors claim in probate court?
Alan's answer
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Answered on June 26, 2020
File your claim ASAP. Covid 19 and related orders and changes from the Courts have made a mess of statutes of limitations. Probably any time limit...
How can I protect myself from my ex-girlfriend filing bankruptcy? I cosigned on a house for her and then we broke up.
Alan's answer
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Answered on June 25, 2020
Is there enough non-exempt equity so the Bankruptcy trustee could sell the property and pay creditors? Under the BK code, the BK trustee can sell...
Archived
How do i obtain a copy of POA that has been lost and not filed
Alan's answer
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Answered on June 25, 2020
1. Get a new POA drafted.
2. The attorney who drafted the POA may be able to provide a certified copy.
We want to remove son and add our daughter to joint tenancy of house.
Alan's answer
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Answered on June 24, 2020
To add to the previous answer. You should see an estate planning attorney familiar with real estate. A complete estate plan with a trust can do...
Inheritance tax CA
Alan's answer
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Answered on June 23, 2020
California does not have a death tax.
However, if the home was your parents' you will need to file a parent-child exclusion form or you will be...
Archived
Can a trustee transfer real estate to her trust without a formal deed of trust ?
Alan's answer
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Answered on June 22, 2020
Sounds like she did it herself.
A Heggstad petition can be used to get the home into the trust. Happens all the time. You will need an attorney to...
How do I obtain Power of Attorney of someone who is incarcerated in the prison system?
Alan's answer
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Answered on June 22, 2020
Step one is to have an attorney prepare the POA for your brother. Be sure it has all the powers you need. While there is a statutory POA, you want...
Archived
Can I "spend down" by paying off my middle aged daughter's debt?
Alan's answer
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Answered on June 20, 2020
To add to Mr. Gaffney's answer, See an elder law attorney now. You need t make sure you and your husband's estate plans are in order and to plan...
If a house is left to several family members, can one person make the decision of leaving the house to just one family member?
Alan's answer
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Answered on June 20, 2020
Your husband needs to consult a probate attorney early next week.
What grandad wrote in a will or trust counts, not what he said.
Whether there...
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