Archived
What happens if a building goes in to receivership and the new owners fail to collect the security deposit fund.
Robert's answer
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Answered on February 17, 2014
The general rule is that the obligation runs with the land and the new owners are responsible to the tenants for the rent deposits whether or not...
Archived
If I have a judgment against a company but only assets they have are real estate ,how do I collect?
Robert's answer
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Answered on February 17, 2014
Everything you say sounds correct, with the possible clarification that the bank would probably only assert its assignment of rent rights if the...
Archived
Questions about a Will and probate.
Robert's answer
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Answered on February 17, 2014
Under normal circumstances you must petition the probate court to have the will admitted to probate and to have yourself appointed estate...
Archived
My father passed last sept , as executor am I suppose to put legal notice when selling deceased fathers house ? I am unsure if
Robert's answer
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Answered on February 17, 2014
Ordinarily an executor must first be appointed after a petition to the probate court to have the will admitted and for letters, and the notice to...
Archived
Is a defendant's employee considered a party and represented by the defendant's attorney for the purpose of depositions?
Robert's answer
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Answered on February 17, 2014
The attorney for the defendant employer has a right to be present at any and all depositions and may state objections for the record, none of which...
Does a Time is if the essence letter need to be sent if buyer has not closed and seller no longer wishes to sell
Robert's answer
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Answered on February 17, 2014
Probably, but more important is a careful reading of the purchase contract and/or any escrow documents for requirements for the giving of any...
Archived
Seller did not provide disclosure form and intentionally did not tell us about the bad septic or the lack of potable water
Robert's answer
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Answered on February 17, 2014
Knowingly withholding material information is fraud. The remedy is rescission (you return the property and the seller returns the money), or...
Archived
Is it my court appointed attorneys job to appeal judges decision in family court to the circuit court?
Robert's answer
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Answered on February 17, 2014
While we cannot know the specifics of the appointment or the scope of the representation, under most circumstances the attorney's obligations end...
Archived
Is there a statue of limitations in Calif for committing Scheming and Artifices, Theft and fraud?
Robert's answer
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Answered on February 17, 2014
The statute of limitations for fraud is 3 years from the time the fraud would reasonably have been discovered. Since the indication of fraud has...
Archived
Partial distribution of estate monies - file taxes now or later?
Robert's answer
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Answered on February 17, 2014
Inherited property is not income subject to an income tax is not ordinarily taxable at all unless very large, and then in the year received. You...
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