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I am looking into doing the simple probate in California. There are more debts than assets. How do we pay creditors or do we?
David's answer
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Answered on March 29, 2013
The debts are paid pro-rata. If the beneficiaries take any of the assets before just and due debts are paid, they may be liable for the amount of...
Archived
My neighbor is granting me an easement on a small portion of this property, approximately 20ft x 50ft. He produced an easement
David's answer
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Answered on March 29, 2013
Yes. You should record this at your County Recorder's office. There will be a filing/recording fee.
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My husband of 47 years passed 4-6-2012. I have power of attorney. My name wasn't on the note, but is on the deed. What now?
David's answer
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Answered on March 28, 2013
Unfortunately, the "power" of a Power of Attorney ends when the grantor (your husband) dies. What you need is an emergency issues of Letters of...
Archived
Our probate closes this week,and was wondering how long does it take after that the checks get disbursed
David's answer
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Answered on March 28, 2013
I agree with Attorney James. Final distribution checks are usually cut within days of obtaining the court's Order. But it does take coordination...
Archived
What happens when the parents die?
David's answer
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Answered on March 27, 2013
You need to have an estate plan. At least a will, preferably, a trust.
Archived
How to draw up title and you have children?
David's answer
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Answered on March 27, 2013
You should put this property into a trust. The trustee would administer the property (or sell it if necessary) with the proceeds to go to your...
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What would happen if we stopped paying the property taxes going forward?
Would there be any adverse consequence?
David's answer
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Answered on March 27, 2013
The only thing that would happen is that the county in which the property is located would ultimately have a 'tax sale' on this property. This...
Archived
What are the ramifications of forcing a house into a short sale (by not making payments on it).
David's answer
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Answered on March 27, 2013
If the short sale occurred in California, the bank cannot seek a deficiency judgment. Code of Civil Procedure sec. 580e.
Archived
I want to do a short sale. My dad is a cosigner. Will he be liable for taxes on the short sale?
David's answer
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Answered on March 27, 2013
This is a question better asked to a tax attorney. Part of the analysis is to understand the history of loan payments; as well as deductions. ...
Archived
Which form do I need to regain my half-interest in my house?
David's answer
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Answered on March 27, 2013
Unfortunately, it is your ex-husband who has to add you back to the house. You cannot add yourself back. If he is willing to add you back, then...
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