California Questions & Answers by Practice Area
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California Questions & Answers
Q: My mother died in September, I just found her Power of Attorney papers I believe my sister's forged it. What can I do?
Richard Samuel Price's answer
A power of attorney terminates at the passing of the principal. You will need to notify any financial institutions, credit cards, or any other accounts that your mother had that she has passed away by giving them a copy of her death certificate. You can also start a probate action to gather any property that your mother had. You can contact an attorney to start the probate action in the county where your mother lived.
A power of attorney terminates at the passing of the principal. You will need to notify any financial institutions, credit cards, or any other accounts that your mother had that she has passed away by giving them a copy of her death certificate. You can also start a probate action to gather any property that your mother had. You can contact an attorney to start the probate action in the county where your mother lived.
Q: My nieghbor who shares a common wall with me it being a duplex, started a fire in his garage that shares common wall.
Richard Samuel Price's answer
You should first make a claim against your landlord or the other tenant's insurance. If you are denied coverage, then you will have to sue for negligence.
You should first make a claim against your landlord or the other tenant's insurance. If you are denied coverage, then you will have to sue for negligence.
Q: If a person is named executor and another is an alternate. Can the first executor give away the deed
Richard Samuel Price's answer
Four years isn't long enough to claim adverse possession. An executor with letters issued from a probate court would have authority to sell or distribute the property with notice to the beneficiaries.
Four years isn't long enough to claim adverse possession. An executor with letters issued from a probate court would have authority to sell or distribute the property with notice to the beneficiaries.
Q: Again, thankyou for you response. How long do i have to come up with the money? I have made an appointment with the l
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Tax Law
for
California
on
Answered on Apr 25, 2016
Answered on Apr 25, 2016
Richard Samuel Price's answer
An attorney will start a probate action without getting paid upfront, but the attorney doesn't get paid until the end of the probate action, usually six to twelve months after the probate action is filed. However, most attorneys request that the client advance the costs of the probate action, usually around $1,500 upfront. Email or call a probate attorney for a full consultation.
An attorney will start a probate action without getting paid upfront, but the attorney doesn't get paid until the end of the probate action, usually six to twelve months after the probate action is filed. However, most attorneys request that the client advance the costs of the probate action, usually around $1,500 upfront. Email or call a probate attorney for a full consultation.
Q: Do we have to sign a 5arm loan from our broker? We want a 30 year fix, and he says no, we have to do this for 6 months?
Richard Samuel Price's answer
Best thing to do is discuss this with your agent's broker and with the loan officer. This may be the only way to purchase the home, but it may also be a way to get more business out of you. Remember, that you don't have to buy the house if you still have a loan contingency on the purchase.
Best thing to do is discuss this with your agent's broker and with the loan officer. This may be the only way to purchase the home, but it may also be a way to get more business out of you. Remember, that you don't have to buy the house if you still have a loan contingency on the purchase.
Q: Property mgnt selling house. Gave us a verbal to stay until homes sells. Do we get a 60day written when it sells?
1 Answer
| Asked
in
Landlord - Tenant and Real Estate Law
for
California
on
Answered on Apr 24, 2016
Answered on Apr 24, 2016
Richard Samuel Price's answer
You can ask for a walk-through with the property manager for the purpose of verifying any repairs that need to be made prior to moving out. That way, you can fix any problems and get your full security deposit back.
You can ask for a walk-through with the property manager for the purpose of verifying any repairs that need to be made prior to moving out. That way, you can fix any problems and get your full security deposit back.
Q: What type of lawyer would I need
Richard Samuel Price's answer
Best to speak with a criminal attorney to find out the procedure to get your money back without incurring any criminal liability.
Best to speak with a criminal attorney to find out the procedure to get your money back without incurring any criminal liability.
Q: I am the administrator of the estate of my brother who passed away, me and my other brother, are tenants in common, we
Richard Samuel Price's answer
If the probate action is still pending, then you should have an objection to the sale of the property or a petition filed with the probate court. If you don't have a probate attorney, you should get one. This is becoming too complicated for you to do on your own.
If the probate action is still pending, then you should have an objection to the sale of the property or a petition filed with the probate court. If you don't have a probate attorney, you should get one. This is becoming too complicated for you to do on your own.
Q: can a court appointed administrator of an estate that is tenants in common 50 % each except a offer with one signature.
Richard Samuel Price's answer
If the estate's ownership of the real estate is only 50%, then the estate cannot sell the whole property without the consent of the other owner. Really, a 50% ownership interest is unmarketable because so few people would be willing to share ownership of the property.
If the estate's ownership of the real estate is only 50%, then the estate cannot sell the whole property without the consent of the other owner. Really, a 50% ownership interest is unmarketable because so few people would be willing to share ownership of the property.
Q: I am the administrator of a tenants in common, with my brother, names on title are me and him, He and his POA, are now
Richard Samuel Price's answer
It's difficult to understand your question because the terms that you're using are incorrect. I understand you to be a co-owner of property as tenants in common with your brother. You want to sell the property and he doesn't? Or does he dispute that you each own 50%? You are going to need an attorney to help you sort this out.
It's difficult to understand your question because the terms that you're using are incorrect. I understand you to be a co-owner of property as tenants in common with your brother. You want to sell the property and he doesn't? Or does he dispute that you each own 50%? You are going to need an attorney to help you sort this out.
Q: My father signed POA forms around 2008 and we had them notarized but I never turned them in to the clerk. Still good?
Richard Samuel Price's answer
A power of attorney is valid until (1) it is revoked by the principal, (2) by the incapacity of the principal if the POS is not durable, (3) the resignation of the agent, or (4) by the death of the agent or the principal. There is no requirement to turn in a POA to a clerk.
A power of attorney is valid until (1) it is revoked by the principal, (2) by the incapacity of the principal if the POS is not durable, (3) the resignation of the agent, or (4) by the death of the agent or the principal. There is no requirement to turn in a POA to a clerk.
Q: PR in Florida is also trustee in PA. Stole PA Trust and employed attys. in FL to ruin Estate using PA Trust monies.
Richard Samuel Price's answer
Trust administration proceedings are filed where the trust is administered. If that is in PA, then you need a PA lawyer.
Trust administration proceedings are filed where the trust is administered. If that is in PA, then you need a PA lawyer.
Q: Thank you for your response . The estate does not have the cash and neither does my sister and i to pay the probate.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
California
on
Answered on Apr 24, 2016
Answered on Apr 24, 2016
Richard Samuel Price's answer
It's the estate that owes the costs of probate. It's possible to get a loan against the home to pay for the probate action and any other creditors of the estate. Otherwise, you'll have to sell assets to pay for the probate costs and any other creditors of the estate. You'll want to get this started sooner rather than later.
It's the estate that owes the costs of probate. It's possible to get a loan against the home to pay for the probate action and any other creditors of the estate. Otherwise, you'll have to sell assets to pay for the probate costs and any other creditors of the estate. You'll want to get this started sooner rather than later.
Q: What are the consequences (for the owner of the car) for allowing a 16 y/o to drive without a permit?
David A. Wolf's answer
In most States, there is a dangerous instrumentality law that makes the owner liable for the negligent acts of a permissive user. He may consider transferring or selling the vehicle to to the girlfriend. He could keep a promissory note on the vehicle as part of the transaction.
In most States, there is a dangerous instrumentality law that makes the owner liable for the negligent acts of a permissive user. He may consider transferring or selling the vehicle to to the girlfriend. He could keep a promissory note on the vehicle as part of the transaction.
Q: I was injured 3 1/2 yrs ago..Brken neck,shoulder,chest fractured lower back and still have yet to be treated for my
David A. Wolf's answer
The answer to your question depends on what kind of insurance company is involved: health, automobile, disability, etc. . . . There are statute of limitations or time limits involved with legal cases. Some statute of limitations in California may have already run or passed. You should consult with an attorney immediately to find out your legal rights, the applicable time limits, and the recommended courses of action.
The answer to your question depends on what kind of insurance company is involved: health, automobile, disability, etc. . . . There are statute of limitations or time limits involved with legal cases. Some statute of limitations in California may have already run or passed. You should consult with an attorney immediately to find out your legal rights, the applicable time limits, and the recommended courses of action.
Q: Hi, I am US citizen and applied for Permanent Resident status for my parents.
Camlinh Nguyen Rogers' answer
The stated facts create a complex case, and are insufficient to provide legal advice.
You should sit down with an experienced immigration attorney, who will investigate the facts and counsel you with solution for your case. Good luck. www.aba-us.com
The stated facts create a complex case, and are insufficient to provide legal advice.
You should sit down with an experienced immigration attorney, who will investigate the facts and counsel you with solution for your case. Good luck. www.aba-us.com
Q: Do I need permit or license to rent out apartment built in my house? I own my home.
1 Answer
| Asked
in
Landlord - Tenant and Real Estate Law
for
California
on
Answered on Apr 23, 2016
Answered on Apr 23, 2016
Richard Samuel Price's answer
Yes, you should be able to rent out a properly permitted apartment. Check with your city for licensing requirements.
Yes, you should be able to rent out a properly permitted apartment. Check with your city for licensing requirements.
Q: I live in Placer County, California. If a lien is put on my house, how long is the duration of the lien???
Richard Samuel Price's answer
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
Q: My mom died 4-9-2016. She left a will stating that all is to be divided equally between my sister and i.
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
California
on
Answered on Apr 23, 2016
Answered on Apr 23, 2016
Richard Samuel Price's answer
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
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